HRC Says Government’s Action Inequitable
HUMAN RIGHTS COMMISSION SAYS GOVERNMENT’S ACTION INEQUITABLE
The Human Rights Commission said today that, although the government’s action in relation to the community services card is not covered by the Human Rights Act, it nevertheless creates an inequity.
The Commission confirmed that it had received a complaint from the Leader of the Opposition, Jenny Shipley, which stated that the Government’s actions in relation to the community services card breached the Human Rights Act.
Proceedings Commissioner Chris Lawrence said that the government’s action was outside the scope of the complaints provisions in the Human Rights Act for several reasons.
“The Commission remains concerned, however, at the inequity which has apparently been created between those who are employed and those who are not. The Commission will be taking the matter up with government,” said Lawrence.
The Commission replied to Mrs. Shipley’s complaint today.
Background Notes:
Chris Lawrence,
the Commission’s Proceedings Commissioner said:
“Mrs
Shipley complains that the Government’s action in raising
the income threshold for beneficiaries but not for low paid
employees discriminates against such employees on grounds of
their employment status. The question for the Commission is
whether this action contravenes the Human Rights Act.
The
Government’s action is, clearly outside the scope of the
Human Rights Act. There are three reasons why. Firstly
“employment status” is defined in the Act as being
unemployed or a beneficiary. The people said to have been
discriminated against are neither unemployed nor
beneficiaries. Therefore they are not protected by the
employment status ground as defined.
Secondly, the
raising of the income threshold is to be done by regulation
and at present regulations, unfortunately, override the
Human Rights Act.
Thirdly, the Government has the benefit
of an exemption from the operation of the Act in relation to
the new grounds introduced in 1993. Employment status is
one of those grounds”.
Lawrence added:
“Mrs Shipley’s
complaint illustrates the limitations of the Human Rights
Act. Those limitations result from the legislation of the
early 1990s and may well be addressed as part of the
Government’s review of our human rights
legislation”.
ENDS