Human rights law aimed at promoting equal opportunity

Press, 17 January 1979, Page 4

Human rights law aimed at promoting equal opportunity

PA Wellington The purpose of the recent human rights legislation is to promote equality of opportunity in New Zealand, according to the chairman of the Human Rights Commission (Mr P. J. Downey). Recent statements in newspapers revealed a fundamental misunderstanding of New Zealand's anti-discrimination legislation, Mr Downey said. “Togethe. with the Race Relations Act, 1971, the Human Rights Commission Act, 1977, makes it unlawful to discriminate against persons on the grounds of colour, race, ethnic or national origin, sex, marital status, or religious or ethical belief in .specific areas of activity. These include employment, the provision of goods, services, land and housing, admission to educational establishments, and membership in professional and industrial associations.” said Mr Downey.

Equal opportunity would be achieved only when there was a commitment on the part of the general public to the notion of non-discrimination, Mr Downey said. Parliament had recognised this by giving the commission as its first function the promotion by education and

publicity ot respect. for and observance of human rights. “The terms ‘human rights’ is not defined, but it is clear from the act that the phrase includes those rights embodied in international instruments such as the Universal Declaration of Human Rights, the two international covenants on economic, social and cultural rights, and on civil and political rights and many others,” Mr Downey said. “The power given to the Human Rights Commission to enforce the antidiscrimination law is therefore rightly placed within the wider context of promoting public understanding of the principles of human rights in general through the process of education.

“The legislation means that the commission has to work to bring about a change of some fundamental social attitudes. We accept that this will take time and perseverance.

“What is needed.” Mr Downey said, “is co-oper-ation, not confrontation. The act recognises this very clearly by laying down a procedure which the commission must follow in enforcing the law against discrimination. It. is a procedure which emphasises conciliation

and natural justice. It does not mean, however, that discrimination, which is now unlawful, can be tolerated and accepted just because it has been traditional.”

The first thing the commission must do was investigate a complaint. If it found that discrimination had occurred, it must do its best to help the parties reach a settlement satisfactory to both sides. Such a settlement could include monetary compensation where this was appropriate. The commission could also seek an assurance that similar acts of discrimination would not be repeated. "Only when its efforts at conciliation fail may the commission begin a civil action before the Equal Opportunities Tribunal: and before doing so the commission must give the person against whom the action will be taken an opportunity to be heard.” Mr Downey indicated that the commission had had ready co-operation from most employers. A few, however, had accused the commission of “nitpicking” or had made light of its efforts. “It is tempting to laug! along with . them. Bui while the discriminatory wording of newspaper advertisements may not

seem important in itself, it is unlawful because it is an impediment to the full acceptance of equal opportunity irrespective of sex, marital status or religious or ethical belief and must be eliminated," Mr Downev said.

“A woman reading a job advertisement which refers to potential applicants as ‘he’ Would tend to assume that only men will be considered, and the same would apply to men with. advertisements which use the word ‘she’."

Mr Downey said there had been much misunderstanding of the requirements of the act on job advertisements. "There is no need to reconstruct the English language. It is quite rich enough and sufficiently flexible to meet the requirements of the act,” he said.

“There are no terms or words that are outlawed. The act merely requires that a job advertisement shall not be worded that it could indicate, or could reasonably be understood as indicating an intention to commit a breach of the law. This means advertisements must not indicate that a job is available only to a man or only to t woman, unless it falls within certain very limited exceptions.” Mr Downey pointed out

that under the act it is the shared responsibility of advertisers and newspaper publishers to avoid- discriminatory . advertising. The commission, he said, would continue to monitor newspapers, draw the attention of both individual advertisers and newspaper publishers to breaches of the act, and take whatever further action was appropriate.

"1 emphasise again that our function is primarily to promote, understanding and conciliation. We are not in the business of dividing the community. Legal action always creates a conflict because it is an adversary process. The act rightly puts it last. The commission cannot ignore breaches of the act, but if at possible, we prefer everybody to win, not ' have a winner and a loser.” Mr Downey noted that the act had given the commission enforcement powers which would be used if necessary. Enforcement of the law was part and parcel of the commission’s function to promote respect for human rights. It was also part of' the commission's educative function, in the sense that behaviour which was unlawful should quicklv become in the eyes of the community undesirable behaviour.