Ref: 200300
Friday, 20 December 2019
Ani O’Brien
By email to [FYI request #11732 email]
Tēnā koe Ani,
Response to your request for Official Information
On 25 November 2019, you requested from the Human Rights Commission (“the
Commission”) the following:
1.
All information, statistics, and data used to inform your communications and
positions in regard to violence against these specific groups:
a.
Women;
b.
Transwomen;
c.
Transmen.
2.
Please also provide the information, statistics, and data you have in regard
to who are the perpetrators of this violence.
3.
In addition, please supply all correspondence (internal/external) that refers to
or discusses any of the following:
a.
TERFs or TERF;
b.
Gender Critical Feminists/Women;
c.
Women’s right to single-sex spaces.
Violence against women, including trans women; and trans men
The Commission’s main function under the Human Rights Act is to advocate and
promote respect for and understanding and appreciation of, human rights in New
Zealand society. Advocacy for those who have or are experiencing violence (such as
women, including trans women; and trans men) is a core part of the Commission
work. Information on physical and psychological violence against women, including
trans women; and trans men is both vast and well documented.
To provide you with all information the Commission holds on this topic would require
substantial collation. However, as much of the information you request is publicly
Level 8, 44 The Terrace, Wellington
PO Box 10424, The Terrace, Te Whanganui a Tara Wellington, Aotearoa New Zealand
Waea Telephone +64 4 473-9981 Waea Whakaahua Facsimile +64 9 377-3593
Infoline Toll free 0800 496 877 / TTY
[Human Rights Commission request email] www.hrc.co.nz
available either online or through the sources directly, we have provided you with a
list of sources you may find particularly relevant.
New Zealand Central and Local Government
•
Andrew Little speech to United Nations Human Rights Council for the third
Universal Periodic Review, (2019), New Zealand Government.
•
3Questions Auckland Council Rainbow Communities Advisory Panel
Community Engagement Project, Auckland Council.
Human Rights Commission work
•
To Be Who I am: Kia noho au ki tōku anō ao: Report of the Inquiry into
Discrimination Experiences by Transgender People Human Rights
Commission (2007).
• Chapter 18. Rights of Women and Chapter 19. Rights of Sexual and Gender
Minoritie
s, Human Rights in New Zealand, Human Rights Commission (2010).
•
Women’s Rights in New Zealand - Submission of the New Zealand Human
Rights Commission for the Seventh Periodic Review of New Zealand under
the Convention on the Elimination of Discrimination Against Women (2018),
Human Rights Commission.
Public consultations
•
Stakeholder engagement meeting notes sexual orientation, gender identity,
and sex characteristics (SOGISC) consultation in Auckland, Wellington and
Christchurch (2018) Human Rights Commission.
•
Convention on the Elimination of All Forms of Discrimination Against Women
consultations (2018) Human Rights Commission.1
United Nations
•
Reports of the Independent Expert on protection against violence and
discrimination based on sexual orientation and gender identity, (2017 - 2019).
•
The Yogyakarta Principles on the application of international human rights law
in relation to sexual orientation and gender identity, (2007), United Nations.
•
The Yogyakarta Principles plus 10, (2017), United Nations.
1 Currently withheld pending consultation.
2
Academic Research
• Section 11: Safety and Violence,
Counting Ourselves: The health and
wellbeing of trans and non-binary people in Aotearoa New Zealand Veale J,
Byrne J, Tan K, Guy S, Yee A, Nopera T & Bentham R (2019), University of
Waikato, Hamilton, New Zealand.
•
Guidelines for Gender-Affirming Healthcare in Aotearoa New Zealand,
Oliphant J, Veale J, Macdonald J, Carroll R, Johnson R, Harte M, Stephenson
C, Bullock J (2018) Transgender Health Research Lab, University of Waikato.
•
Trans pathways: the mental health experiences and care pathways of trans
young people. Summary of results Strauss P, Cook A, Winter S, Watson V,
Wright Toussaint D, Lin A (2017) Telethon Kids Institute, Perth, Australia.
•
American Academy of Paediatrics Policy Statement Ensuring Comprehensive
Care and Support for Transgender and Gender-Diverse Children and
Adolescents, (2018), Official Journal of the American Academy of Paediatrics,
United States of America.
Surveys and analysis
•
The Health and Well-Being of Transgender High School Students: Results
From the New Zealand Adolescent Health Survey Clark T, Lucassen M,
Bullen P, Denny S, Fleming T, Robinson E, Rossen F (2012), Journal of
Adolescent Health.
•
"In our own words": student experiences of sexual violence prior to and during
tertiary education, Thursdays in Black (2017), New Zealand Family Violence
Clearinghouse.
Non-Governmental Organisations
•
Rainbow communities, mental health and addictions a submission to the
Government Inquiry into Mental Health and Addiction – Oranga Tāngata,
Oranga Whānau, (2018), Mental Health Foundation.
•
UPR Submission from the Aotearoa New Zealand IDAHOBIT Day Coalition,
(2019), IDAHOBIT Day Coalition.
•
Feminism and trans rights must go hand-in-hand, (2018), National Council of
Women of New Zealand.
•
Suffrage 125 a milestone year for the National Council of Women, (2018),
National Council of Women of New Zealand.
•
National Council of Women votes to include all genders in lead up to Suffrage
Day, (2019), National Council of Women of New Zealand.
•
Making schools safer for trans and gender diverse youth, (2016), InsideOUT.
3
•
Building Rainbow communities free of partner and sexual violence, (2016)
Hohou te Rongo Kahukura – Outing Violence.
•
Anti-Violence, National Centre for Transgender Equality website.
•
Annual Report on Epidemic of Anti-Transgender Violence, (2019), Human
Rights Campaign.2
International governments
•
2018 Hate Crime Statistics, Federal Bureau of Investigation.
•
Trans respect versus Transphobia project including the
Trans Murder
Monitoring, Transgender Europe.
Perpetrators of violence against women including trans women and trans men
Identifying the perpetrators of violence against women including trans women and
trans men is not an area that the Commission currently has a position on.
Gender Minorities Aotearoa has raised with the Commission the lack of data on the
perpetrators of violence against trans people.
Further information about some perpetrators of violence against trans people can be
found in
Thursdays in Black and
Trans Murder Monitoring provided above.
Information withheld
The Commission has withheld the following information:
1.
A draft Commission paper on human rights concerns relating to people with a
diverse sexual orientation, gender identity and expression, and sex
characteristics (SOGIESC) in Aotearoa;3
2.
Confidential meeting minutes with Government and NGOs; 4
3.
Confidential information which forms part of the Commission’s confidential
dispute resolution process.5
2 See also the
2018 Annual Report, 2017 Annual Report, 2016 Annual Report and the
2015 Annual
Report. 3 The final paper will be publicly available in 2020.
4 Withheld under s85 of the Human Rights Act 1993 and s9(2)(ba) of the Official Information Act 1982.
5 Withheld under s85 of the Human Rights Act 1993 and s9(2)(ba) of the Official Information Act 1982.
4
Correspondence which refers to or discusses “TERF”, “gender critical
Feminists/Women” or Women’s right to single-sex spaces
Due to the substantial amount of work that would be required to collate the
information you have requested, we are refusing some aspects of your request
under s 18(f) of the Official Information Act.
Instead, we have limited the collation of correspondence to those within the
Commission who work within the area of SOGIESC advocacy since 2017 when the
Commission appointed a full-time human rights advisor on SOGIESC.
Attached is the information you requested. Some information has been withheld for
the following reasons:
• To protect the privacy of natural persons;6
• Content within correspondence which is out of scope or not relevant to the
request;
• Providing correspondence both internal or external would inhibit free and
frank opinions in the future and would in-turn would undermine the
Commissions advocacy function under the Human Rights Act;
• Internal correspondence which is subject to professional legal privilege;7
• Confidential correspondence which forms part of the Commission’s
confidential dispute resolution process or other obligations of confidence;8 and
• Content withheld pending consultation with external persons. The
Commission will reconsider release of information when consultation is
complete.
In withholding this information, the Commission did consider providing the
information in an alternative form. In the attached we have provided summaries for
some of the withheld correspondence as well as final versions of positions while
withholding the discussions which led the to the final position.9
Rights to single-sex spaces
Finally, in response to your request for correspondence which mention or discuss
women’s rights to single-sex spaces.
6 Withheld under s9(2)(a) of the Official Information Act 1982.
7 Withheld under s9(2)(h) of the Official Information Act 1982.
8 Withheld under s9(2)(ba) of the Official Information Act 1982.
9 Withheld under s9(2)(g)(i) of the Official Information Act 1982.
5
The Commission’s position for a number of years has been that accommodating
gender diversity in the area of single-sex spaces does not require the rights of cis
women and the rights of trans people to be traded off. Instead an inclusive approach
that aims to encourage dialogue, promote positive behaviours, increase
understanding and accommodate a diverse range of needs ought to be taken. The
Commission acknowledges the steps taken by the employment and education sector
towards accommodating gender diversity.10
Alternative avenues
If appropriate we would appreciate the opportunity to meet with you to discuss these
matter further, to answer any questions you may have and to outline the
Commission’s work in this area.
If you would like to meet, please contact me further with times that would be
convenient to you.11
If you are unhappy with this response, under the Official Information Act you are
entitled to complain to the Ombudsman’s Office. Information about how to make a
complaint is available at www.ombudsman.parliament.nz or on freephone 0800 802
602.
If you have any further queries about this response, please feel free to contact me
directly.
Nāku noa, nā
Jaimee Paenga
Legal Officer
10 For more information see
: https://www.employment.govt.nz/starting-
employment/hiring/discrimination-when-hiring/transgender-employees/ and
http://education.govt.nz/news/creating-rainbow-inclusive-schools/. 11 Please note the Huaman Right Commission will be closing on 20 December 2019 and retunring on
6 January 2020.
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