Letter to the Chief Human Rights Commissioner re Ia Tangata
I respectfully write to urge the Commission, under your leadership, to publicly call on the Government to adopt the recommendations of the Law Commission’s Ia Tangata report, and to do so by reference to New Zealand’s binding international human rights obligations.
Tēnā koe Dr Rainbow,
I respectfully write to urge the Commission, under your leadership, to publicly call on the Government to adopt the recommendations of the Law Commission’s Ia Tangata report, and to do so by reference to New Zealand’s binding international human rights obligations.
As you are undoubtedly aware, Article 2(1) of the International Covenant on Economic, Social and Cultural Rights (ICESCR) requires States parties to take steps “to the maximum of their available resources, with a view to achieving progressively the full realisation of the rights recognised in the Covenant.” This obligation of progressive realisation does not permit delay or backsliding; it demands deliberate, concrete, and targeted action.
Article 2(2) of the Covenant, moreover, imposes an immediate and cross-cutting duty: rights must be guaranteed “without discrimination of any kind,” including on grounds recognised by the UN Committee such as gender identity and innate variations of sex characteristics. This means that, whatever the pace of wider reforms, the elimination of discrimination against trans, non-binary, and intersex people cannot be deferred.
The Ia Tangata report provides an authoritative, evidence-based path to bring New Zealand law into compliance with these international obligations. Adoption of its recommendations is not merely a matter of domestic policy choice—it is a matter of honouring our treaty commitments and ensuring that people in Aotearoa can enjoy their rights on an equal footing.
I therefore respectfully call on you, as Chief Commissioner, to speak publicly and unequivocally: the Government must act on Ia Tangata and bring our law into line with our international commitments under the ICESCR.
Rights Aotearoa has publicly and proactively released this letter at www.rightsaotearoa.nz in accordance with our organisational commitment to full transparency in all matters, where legally possible.
Ngā mihi nui,
Paul Thistoll
Chief Executive
Rights Aotearoa