Gordon Campbell | Parliament TV | Parliament Today | News Video | Crime | Employers | Housing | Immigration | Legal | Local Govt. | Maori | Welfare | Unions | Youth | Search

 


IHC files discrimination complaint over disabled students

IHC files discrimination complaint over disabled students

Media release 30 April 2014

IHC today filed a complaint with the Human Rights Review Tribunal to win equal rights for disabled students in schools.

High profile Queen’s Counsel Frances Joychild will lead the legal battle with the Ministry of Education. The Auckland barrister specialises in human rights and recently represented parents in the successful legal action over payments for carers of adult disabled children.

IHC’s complaint goes to the heart of the issue that has West Auckland’s Green Bay High School and the Ministry of Education struggling to resolve the exclusion of a 14 year-old boy with Asperger syndrome. The student was involved in a tussle with a teacher over a skateboard. In February this year the High Court overturned the school’s decision to exclude him.

IHC Director of Advocacy Trish Grant says the Green Bay case illustrates what can go wrong when a school doesn’t have proper support in place for a student with special needs.

Trish says IHC the Green Bay student is one of many in New Zealand facing discrimination because their schools don’t have the resources or systems in place to support students with disabilities. She says behavioural issues do occur, but disciplinary procedures are being overused instead of proper supports being put in place.

“These students are legally entitled to attend their local schools. If they are prevented from enrolling, or treated differently from their non-disabled peers, then it’s a human rights issue.”

But IHC’s beef is not with schools, principals or teachers. It has the Ministry of Education in its sights over the policies and practices in schools that lead to discrimination. “This is not anti-school, anti-teacher – this is pro disabled children’s rights to have their needs met,” she says.

Trish says many children experience unjustified discrimination in schools throughout New Zealand. Depending on the response from the Ministry of Education, the case is likely to be heard later this year or early next year. IHC is funding the legal action, which is expected to cost $350,000.

The legal action is being taken under Part 1A of the Human Rights Act which prohibits the government from breaching the child’s right to be free from discrimination. In this case the claim is about the child’s right to education.

IHC is not planning to put forward individual families as plaintiffs at the hearing. “We are the plaintiff – we didn’t want families exposed and pressured in this way.” However it will be putting evidence from families to the Tribunal about their child’s experience in the education system. She says human rights and children’s organisations are showing serious interest.

Evidence will also be presented from schools that will highlight the disincentives that exist to include disabled children.
Ends

© Scoop Media

 
 
 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

 

PARLIAMENT TODAY:

  • Govt Probed Over Health & Safety
  • Questions and Answers 28-05-15
  • Week in Parliament 22-05-15
  • Saturday Sitting
  • House Rises At Midnight
  • Telco Levy Bill Passes
  • Telco Levy Bill Completes First Reading
  • Social Housing Bill Passes Under Urgency

  • Labour Party: McCully Doesn’t Deny Bribe In Saudi Sheep Scandal

    “In Parliament today I asked Murray McCully directly: Why is he the first Minister in history to back a multi-million dollar facilitation arrangement which in other jurisdictions is called a bribe? says Labour’s Export Growth and Trade spokesperson ... More>>

    ALSO:

    Welfare: Closure Of Relationships Aotearoa

    The Aotearoa New Zealand Association of Social Workers (ANZASW) Chief Executive Lucy Sandford-Reed is concerned about the closure of a national service which provides a wide range of services to rural and urban communities throughout New Zealand. More>>

    ALSO:

    TPPA: University Of Auckland Warns Of Negative TPP Impact

    The University of Auckland May 20, 2015 University of Auckland Warns of Negative TPP Impact With the Trans Pacific Partnership (TPP) negotiation drawing to a close, the University of Auckland has expressed serious concerns about its potential implications. ... More>>

    NZ Flag: Flag Referendum Gets Hit Hard In New Poll

    The latest Campbell Live text poll confirms it is time for the Prime Minister to listen to the public and shelve his flag referendum, says the New Zealand First Leader Rt Hon Winston Peters. More>>

    Gordon Campbell: The Government’s Belated Moves On Property Speculation

    Is it a property tax on capital gains or a capital gains tax on property? The Jesuitical distinctions in the government’s spin about its latest moves on property speculators are all about whether the government can claim that it jumped, or confess that it ... More>>

    Grant Robertson:
    Key Can’t Just Be Prime Minister For Parnell

    John Key must show New Zealanders in next week’s Budget that he is more than the Prime Minister for Parnell, and is also the Prime Minister for Pine Hill, Putararu and Palmerston North, Labour’s Finance spokesperson Grant Robertson says. In a ... More>>


    Labour Party: More Regional Jobs Go In Corrections Reshape

    News that 194 Corrections staff are to lose their jobs will have ramifications not only for them and their families but for the wider community, Labour’s Corrections spokesperson Kelvin Davis says. Prison units at Waikeria, Tongariro and Rimutaka ... More>>

    ALSO:

  • NZ First - Prison Job Losses to Send Money Offshore
  • TPPA: ‘Team Obama’ Regroups On Fast Track, Still Not Deliverable

    ‘After yesterday’s stinging and unexpected defeat for the Obama administration’s attempt to advance Fast Track legislation in the US Senate, Senate leaders have worked up a compromise they think will get them past this blockage’, according to Auckland ... More>>

    NZ Government: 5,500 More Doctors And Nurses In Our Hospitals

    Health Minister Jonathan Coleman says a record number of doctors and nurses are working in District Health Boards across the country. More>>

    Controller and Auditor General: Katherine Rich Conflict of Interest Decision

    We are writing to you about a matter that has been raised with us by members of the public. More>>

    ALSO:

    Budget 2015: Andrew Little On The 2015 Budget

    Speaking to the Chamber of Commerce, the Labour opposition leader attacked the government’s approach to economic issues facing New Zealand. He said they have been “more than reckless in their complacency” and “the next week’s budget will do nothing ... More>>

    Defence Force: NZDF Building Partner Capacity Mission Personnel In Iraq

    NZDF Building Partner Capacity Mission Personnel in Iraq The New Zealand Defence Force Building Partner Capacity training mission contingent is in place at Taji Military Complex in Iraq. The Chief of Defence Force Lieutenant General Tim Keating says the ... More>>

    PM Press Conference: ACC Levy Cuts Announced

    In a press conference this afternoon in Wellington, ACC Minister Nikki Kaye proposed $500 million worth of ACC levy cuts. More>>

    Quakes: New Process For Red Zone Crown Offers

    Canterbury Earthquake Recovery Minister Gerry Brownlee has announced a process to give everyone a say on the Crown offers to owners of vacant, commercial/industrial and uninsured properties in the Residential Red Zone. More>>

    ALSO:

    Get More From Scoop

     

    LATEST HEADLINES

     
     
     
     
     
     
     
     
     
    Politics
    Search Scoop  
     
     
    Powered by Vodafone
    NZ independent news