- NZBORA 1990
- NZ ratified CPR + SCER in December 1978
- Civil Political, Social Cultural Economic
- The seen & unseen
-
Right to freedom and equal treatment 'we're all human'
- PROTECTED INTERNATIONAL RIGHTS
- Non-binding decleration from UNGA
-
UDHR 1948
-
ICCPR
- ICSECR
- LED BY EASTERN DEMANDS
- Freedom from torture, political associations, due process
- LED BY WESTERN DEMANDS
- Right to health, education and housing
- CPRs ONLY
- Voting, religion, expression, life, movements
- Remedy can be sought at High Court [COSTLY]
- MOJ Civil Legal Aid
- Inconsistencies written about by Govt Gen
-
Written about before Bill --> Act
- Reasonable limits permitted
- Current law still prevails over NZBORA - NOT ENTRENCHED
- Deemed part of constitution - MUST be taken into account
-
Change Discussions For NZBORA
- WITHIN 6 DAYS DECLARATION MUST BE MADE TO PARLIAMENT
- MAKE SUPREME - COURT CAN STRIKE INCONSISTENT LEGISLATION
- ADDING ESCR
- ENTRENCHING
- Ordinary statute - 50% + 1 overturns
- Enforced through courts Public v Exec
- Convention of torture, right of child, eliminating racial discrimination
- OTHER HRT'S
-
Treaty Enforcement
- HRC - assess extent of state compliance once every 4yrs (universal periodic review
- Special rapporteurs - specialized experts visit nation; advocate and spread awareness for issues
- UN Sec Council - authorise use of force
- ICJ - hears HR cases, makes recommendations