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New Zealand is a party to the Convention on the Rights of the Child. The Optional Protocol on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography gives special emphasis to the criminalisation of serious violations of children's rights - namely sale of children, illegal adoption, child prostitution and pornography. Similarly, the text stresses the value of international cooperation as a means of combating these transnational activities, and of public awareness, information, and education campaigns to enhance the protection of children from these serious violations of their rights.
Lead agency:
Ministry of Justice
Status:
Multilateral. New Zealand signed the Optional Protocol on 7 September 2000. Parliamentary treaty examination was concluded on 22 February 2002. Following the enactment of the required legislation, New Zealand will be in a position to ratify the Optional Protocol.
Website:
Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography [external link]
Legislation required:
The Evidence Act 2006 came into force on 1 August 2007. Amendments have also been made to the Films, Videos and Publications Classification Act 1993 and to the Crimes Act 1961. An amendment to the Adoption Act 1955 is the final legislative requirement necessary in order for New Zealand to ratify the Optional Protocol. This amendment is included in the Child and Family Protection Bill, which was introduced in Parliament on 20 August 2009.
Contact:
Raquel Achinelli
Policy Advisor
Ministry of Justice
Email: raquel.achinelli@justice.govt.nz
Ph: (04) 494 9885
Most United Nations international human rights treaties have a ‘communications mechanism’, the opportunity for individuals to submit a communication to a UN Committee alleging that their human rights have been violated. The Convention on the Rights of the Child (CRC), ratified by New Zealand in 1993, does not have such a mechanism. A Working Group was mandated by the Human Rights Council to elaborate one through an optional protocol to the CRC. The Working Group completed its term in February 2011.
Lead agency:
Ministry of Foreign Affairs and Trade
Status:
Multilateral. It is now up to the Council to determine next steps, likely at the next regular session of the Council in June 2011. This could mean the current draft text is transmitted to the UN General Assembly for adoption and subsequent opening for signature, or that more time is given to the Working Group.
Website:
http://www2.ohchr.org/english/bodies/hrcouncil/OEWG/2ndsession.htm
Particular interest to Māori and other groups:
NGOs active in the area of children’s rights will be interested in the opportunities offered by the protocol. It remains to be seen whether New Zealand will become party to the protocol when it is opened for signature. New Zealand did not become party to the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, which establishes a similar procedure. New Zealand did however become party to similar mechanisms to the UN human rights treaties on civil and political rights, women’s rights, and torture.
Legislation required:
Not yet clear.
Contacts:
Michael McBryde
Deputy Director
UN, Human Rights and Commonwealth Division
Ministry of Foreign Affairs and Trade
Email: michael.mcbryde@mfat.govt.nz
Ph: (04) 439 8176
Raquel Achinelli
Policy Advisor
Ministry of Justice
Email: raquel.achinelli@justice.govt.nz
Ph: (04) 494 9885
