Te Aka Matua o te Ture | Law Commission is examining the protections in the Human Rights Act 1993 (the Act) for people who are transgender, people who are non-binary and people who have an innate variation of sex characteristics (intersex). The Act protects the right to freedom from discrimination — for example, when accessing education, employment, housing, and goods and services.
Our submission outlines MHF's overall support for the intention of the review. We highlight that further human rights protections is an important legal tool for those who are part of these communities, given they face greater discrimination than the general population, and therefore experience worse mental health and wellbeing outcomes.
The MHF supports:
- the Commission’s preliminary conclusion that New Zealand laws should protect people from discrimination that is linked to the fact (or the discriminator’s belief) they are transgender or non-binary or they have an innate variation of sex characteristics;
- the Commission's recommendation for changes to the list of prohibited grounds of discrimination in section 21 of the Act, to clarify that being transgender, non-binary, or having an innate variation of sex characteristics are covered;
- adding new symmetrical grounds to the Act that will enhance protections for these communities.
The Commission intends to publish its final report in mid-2025.
Law Commission's Ia Tangata Review (pdf)