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Attorney-General Michael Cullen released a Crown Law opinion which clarifies
the position of transgender people under the Human Rights Act.
The opinion was sought as the issue has been raised in a private member's bill in
the name of Labour MP Georgina Beyer.
"I note that Crown Law states that 'There is currently no reason to suppose that
"sex discrimination" would be construed narrowly to deprive transgender people of
protection under the Human Rights Act.' "
"I welcome the acting Solicitor-General's clarification that due to existing
protection the Human Rights Act does not need to be amended," said Dr Cullen.
View Crown Law Opinion (Requires Acrobat Reader)
Agender NZ Incorporated
Media Release
24 August 2006
New Zealand’s transgender advocacy group is “relieved” not to have to face a “barrage of negativity”, in Parliament and in public, following a favourable Crown Law opinion that removes the need for Labour MP Georgina Beyer to pursue her private member’s bill that sought to clarify human rights protections for transgender people.
The acting Solicitor-General’s opinion, which drew on overseas jurisprudence, stated that “there is currently no reason to suppose that ‘sex discrimination’ would be construed narrowly to deprive transgender people of protection under the Human Rights Act.”
Beyer, the world’s first transgender MP, said she is comfortable the issue has now been clarified with some legal authority. “It’s good enough for me,” she told GayNZ.com, and the Human Rights (Gender Identity) Amendment Bill will now be withdrawn from Parliament.
Claudia McKay, president of transgender advocacy group Agender, says her “first reaction was one of relief” upon hearing the news, in “that the trans community will not have to face the barrage of negativity from some politicians that the campaign for the GI Bill would have engendered. I’m pleased we now have one less battle to fight.”
“The Crown Law opinion effectively gives us everything that the trans community wanted from the GI Bill,” says McKay, yet admits to a “nagging feeling that having gender identity included in the Act as prohibited grounds for discrimination would have been more empowering for our community.”
McKay says transgender people “have suffered discrimination in most facets of their lives in the past and we hope now that will indeed be history.”
The Crown Law opinion is “important simply because trans people are not second class citizens, and, in fact, the vast majority of us make significant but unheralded contributions to society and it is long overdue that we be treated equally with all other New Zealanders,” said McKay.
McKay pays particular tribute to the Rainbow Labour sector of the Labour Party “who supported the concept of a clear inclusion of transgender people in the Human Rights Act. In particular, Michael Wilson deserves special mention for his considerable legal input into the process.”
Human Rights Commission
Media Release
22 August 2006
The Human Rights Commission today welcomed the release of a Crown Law opinion clarifying the position of transgender people under the Human Rights Act.
Commissioner Joy Liddicoat responded to the announcement by the Attorney-General, saying “All New Zealanders have the right to be treated with dignity and respect. We are delighted that Crown Law agrees that the protection of the Human Rights Act applies equally to transgender people.”
The Crown Law opinion accords with the approach taken by the Commission since February last year and is in line with United Kingdom, European and Canadian case law that transgender people are covered by human rights law regardless of whether or not they have had sex reassignment surgery.
“Our own research in 2004 and 2005, based on consultation with over 5,000 New Zealanders including transgender people and their families, showed that transgender people face discrimination. There were real and serious concerns about the human rights status of transgender people.”
As a result the Commission recommended in the New Zealand Action Plan for Human Rights that an inquiry be held into the discrimination experienced by transgender people.
“The release of the opinion is helpful and timely as we have recently begun an Inquiry into the human rights of transgender people,” said Commissioner Liddicoat.
Commissioner Liddicoat said today that complaints to the Commission deal with issues that many people take for granted such as being able to walk down the street without fear, get a job, or go out for a drink with friends without being hassled.
“This Inquiry will make a significant contribution to eliminating stereotypes and reducing discrimination against transgender people.”
The Commission is asking transgender people to contact them about their experiences of discrimination. The Inquiry will come up with strategies to reduce discrimination so that the human rights of transgender people are better protected.
Human Right Commission Web Site