The Disability Rights Commissioner is using powers under the Human Rights Act to launch an Inquiry into the support of disabled people during the Omicron outbreak.

Paula Tesoriero says the call is warranted because of the risks to disabled people at this time.

“I’m concerned the high transmission of Omicron, combined with easing of public health restrictions, has put disabled people at greater risk.

“Disabled people are more likely to have long-term health conditions than non-disabled people. International evidence shows some disabled people are at greater risk of long-term illness, or death, from Covid 19 than non-disabled people.

“Sadly, I am already being told about disabled people being let down by the current response, or who don’t have clear information about where to get support. It is important to look at these issues more closely.

“I am deeply concerned about planning for the Omicron phase, potentially; a lack of targeted, accessible information for disabled people, support for testing (some disabled people are unable to self-administer tests), support for those experiencing difficulties self-isolating, and the continuity of essential in-home services for disabled people.

“I believe the situation is urgent and urgency needs to be applied to addressing these concerns.

Ms Tesoriero says the Inquiry will be in two phases.

“Phase one – being launched now – will gather information from organisations about what they understand to be the current experiences of disabled people, and their whānau, with a report and recommendations released in April.

“However, during this stage if we identify key changes that could bring immediate benefit, we will provide recommendations as information comes forward in advance of the final report”.

Phase two will consider how the needs of disabled people have been responded to during the whole Covid 19 response.

Background Notes

Section 5(2)(h) of the Human Rights Act 1993– provides for the Human Rights Commission to inquire into matters that may involve the infringement of human rights.

https://www.legislation.govt.nz/act/public/1993/0082/latest/DLM304276.html

What can the Commission legally do?

• Inquire into matters (generally involves “gathering evidence, coming to conclusions and making recommendations.” (In this case to the Government).
• May bring civil proceedings before the Human Rights Review Tribunal if it considers its inquiry discloses breach/es of human rights (s 92E).
• Can ask the District Court to require evidence from a person for the purpose of the Inquiry (s 126A).

Question and Answers

What form will the inquiry take?

In the first phase of the Inquiry the Commissioner will gather information from organisations about what they understand to be the current experience of disabled people and their families. This will be at the thematic level.

The Commissioner aims to publish a report in April. In parallel she will use the themes identified to urge government to put in place immediate steps to reduce risk and address the potential human rights breaches.

What do you hope to understand as a result of the Inquiry?

• Whether there is an adequate, clearly documented plan for how the needs of disabled people will be met during the Omicron outbreak.
• Whether there is bespoke information about the public health response accessible for disabled people.
• The implications of new testing arrangements for disabled people.
• Whether the community in care initiatives adequately cater to the needs of disabled people
• The workforce implications/service continuity, e.g., implications for people who require in-home support when their support-workers have to self-isolate or test positive for COVID-19
• Whether disabled people can adequately access support (regardless of whether they are connected to a service provider).
• How the voices of disabled people have been incorporated into any planning to date; and
• Any other matters that may assist the Commissioner in this Inquiry.

What legal standing does this Inquiry have?

The inquiry is an exercise of the Commission’s section 5(2)(h) function to inquire into matters that may involve infringements of human rights. The Commission can report back on what its inquiry has found and make recommendations for change.

What are you seeking from this Inquiry?

• To give voice to disabled people about their experiences at this time.
• To seek urgent solutions to existing problems.
• To hold people to account for how disabled people are faring.
• To assist with longer-term COVID-19 planning.

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