New Zealand Human Rights Act

Published Date: 02 Nov 2017

Firstly, about the law concerning human rights, New Zealand Human Rights Act was enacted as a statute which will deal with discrimination in 1993, New Zealand. The definition range about discrimination in Human Rights in New Zealand Today is also wide, and the protection relief system at the time of receiving discrimination is also ready.

In 2001, the government announced the New Zealand Disability Strategy: "NZDS". The social model has been appeared in the approach for disabled people here about ten years. Enforcement of a social policy and a system is needed by this model. There are two fundamental characters in a social model. One is the approach ("the disabled person can request that the assistance needed as an own right (entitlement) should be received"), another one is the intention to the support which established the base in the area (since a disabled person is accepted to be a member of the area). NZDS has incorporated the vision, characters of these both "completely comprehensive society. "The vision of NZDS "a fully inclusion society is realized. High value is given to a disabled person's life and social participation is raised continuously there." The disabled people's comment in the deliberations before decision is hung up over the beginning of NZDS. "I am in society rather than it has impairment." "I have dignity, its capability is developed and there is a right to harness one's special feature and skill." NZDS consists of a target of 15, and a policy for achieving each aim. The level of cultivation activities of the leadership by the DP is developed.

NZDS contains objectives the following; Encourage and educate for non-disabling society, ensure rights, education, employment, leadership by disabled people, aware and responsive Public and Service, support systems is centered on the individual, quality living the community, life style choices, recreation and culture, participation of disabled Maori, children and youth to lead full and active lives. In particular, a focus is addressed to Maori and a child.

Korea

Firstly, Korea policy for disability people began after the Korean War. In the beginning the institutions was begun for disability orphan by the war and disability people by diseases as a social need. In those days there were only the institutions without the facility for occupational rehabilitation. The institutions were increased from 15 institutions to 92 institutions between 1950 and 1981.

In 1980s the government established Koreans with Disabilities Acts and made rehabilitation department in the ministry of health and society for disabled people, and then they improved and modernized the facilities. At that time the government also expanded the facilities for severely disabled people, and the policy of free provisions was provided for poor disabled people. The government promoted and supervised several disabled welfare organisations. The government wanted to comprehend accurately the real condition of disabled people, so they implemented nationally the registration system of disability in 1988. The disabled people were issued disability book, and they could get preferentially various benefits for disabled people. After the Seoul Olympics and the Seoul Paralympics, the government legislated the law for acceleration of employment of disabled people to help the rehabilitations of disabled people in 1988.

There are large categories in the policy of disability.

1. Health Security

Because the disabled people need more enduring treatment and rehabilitation than non-disabled people, health security is necessary for them. There are four policies for health security of disabled people; the medical security policy, the health care policy, the funding policy and the support policy of assisting devices.

The medical insurance policy

In this system if disabled person pay the medical insurance, they can be supported medical expenses when they use medical services.

The health care policy

The disabled people who cannot solve their medical problems by themselves can get the several medical benefits from the government.

The policy of medical expenses funding

This policy provides poor disabled people the medical expenses for their livelihood.

The support policy of assisting devices

This policy provides poor disabled people the manufacture, purchase, repair, examination and adjustment training of assisting devices for poor disabled people.

2. Income security

This policy is for the financial problem of disabled people from the government. Firstly there are three support policy; the livelihood protection policy, the living cost benefit and the self-reliance loan as the public assistance. Secondly through social insurance disabled people can be supported the disability pension, the disability compensation. Finally disabled people can be supported the tax reduction and the several service fee discounts as the reduction policy of economic burden.

3. Education policy

Firstly, this policy provides educational expenses to disabled people for equal educational opportunities with non-disabled people. Secondly, there are special education and special admission into university for disabled people in this policy.

4. Employment policy

The companies which have over 300 employees have to employ disabled people according to the policy.

Australia

The national disability policy begins to improve life of disabled people, their families and carers as a ten year national plan. It means a commitment of national approach to policy development through f government, industry and the community.  There is partnership for developing the policy among The Commonwealth, State and Territory and Local Governments under the auspices of the Council of Australian Governments (COAG).

There are several policies in the national disability policy. The first policy is for funded and accessible communities; public transport, parks, housing, socialisation and cultural life. The second policy is for protecting rights by legislation about discrimination, complaints and advocacy. The third policy is economic security for financial independence of disabled people; employment, business opportunities, sufficient income support. The fourth policy is personal and community support. This policy includes participation in the community and person centered care and provided support from specialist services for disabled people. The fifth policy is education policy. This policy includes early childhood education and care, schools education, further education, vocational education. The final policy is health and wellbeing. This policy includes health services and promotion, wellbeing and enjoying life.

The national disability policy will guide public policy across governments and aims to bring about change in all mainstream services and programs as well as community infrastructure.

Similarities and Differences

The policies of New Zealand and Australia are similar such as person-centered policy and long-term plan for all disabled people however the policy of Korea is different with both countries. The policy of Korea focuses on poor disabled people.

The policy of all countries focuses on improving the quality of their life such as respecting right, wellbeing, health security and funding from the government. There are little differences in their policies in detail, however their policies are similar in whole structure.

International policies on ageing

New Zealand

There are positive aging visions in the policy. These visions are to help people can be old positively, the elderly is highly valued and elderly people accept themselves as an essential part of society.

Positive ageing includes elderly people’s attitudes and experiences about themselves and younger people’s viewing about them. It considers the health and safety, independence, financial security, self-fulfilment and environment for older people in New Zealand.

This policy has 10 goals such as income, health, housing, transport, ageing in place, cultural diversity, rural, attitude, employment, opportunities. Achieving these goals mean to need efforts of all members in NZ.

Goal:

1. Income

Secure and adequate income for older people

2. Health

Equitable, timely, affordable and accessible health services for older people

3. Housing

Affordable and appropriate housing options for older people

4. Transport

Affordable and accessible transport options for older people

5. Ageing in Place

Older people feel safe and secure and can age in place

6. Cultural Diversity

A range of culturally appropriate services allows choices for older people

7. Rural

Older people living in rural communities are not disadvantaged when accessing services

8. Attitudes

People of all ages have positive attitudes to ageing and older people

9. Employment

Elimination of ageism and the promotion of flexible work options

10. Opportunities

Increasing opportunities for personal growth and community participation

Korea

In the past there were not good policies for the elderly in Korea. Korea was a country which is weak on the policy for the welfare. Especially most of the elderly have not been provided good welfare from government until end of the 20th century. However, recently Korea has faced with need of improving aging policy on account of increase of elderly population since the beginning of 21th century.

The aging policy is comprehensive measures for several problems and needs of the elderly. In other word it is institutional various acts of national level and private level to provide income security, medical security, housing security and social services for maintain a high quality of aged life.

The essential principle of aging policy

The dignity of the elderly has to be respected without discrimination in human rights.

The individuality of the elderly has to be respected without a stereotype and prejudice.

The responsibility of aging problem is not only private level but also national level.

The policy has to provide services to the elderly based on overall understanding about them.

There are various needs in the policy for the elderly depending on their gender and age.

The policies for the elderly in Korea

The policy of income security

There are several benefits for the elderly – the National Pensions Act, the old-age pension, tax reduction and free public transportation. For instance, the National Pensions Act is an insurance for aging people. A person has paid insurance for 20 years, after he will be 60 years old, he can get aged pension.

The policy of medical security

There are medical insurance, free medical examination and caring dementia people for the elderly.

The policy of housing security

This policy provides cheaply permanent rental apartment to poor elderly people.

The policy of social services

There are home caring service, free community service, elderly class and visiting service.

Australia

The policy for the elderly includes superannuation and retirement income support, employment, housing, social inclusion and long life education, medical, health and aged care services in the Australian. This policy helps elderly people to plan for their financial security and be more independent in aged life and provides older people a wide range of services and supports relying on their needs and environments. For example Retirement income system ensures security and dignity of all Australians in retirement. It integrates contributions from the government, employers and individuals. Age pension supports income of aging people as safety net in retirement. Age pension of Australia is unlike pensions of other countries. It is funded from tax-payer funded government revenues, rather than a social insurance program. In the Superannuation Guarantee (Administration) Act, 1992 all employers require to provide a minimum superannuation cover for all employees. The minimum superannuation cover under this Act, indicated as a percentage of an employee’s total salary, is 9 per cent. There is private savings which is willing private superannuation.

There are two main aging care policies, the Aged Care Act and Home and community Care Act, 1985, in Australian Government.

The provisions for older Australians are managed from the Aged Care Act such as residential care, flexible care and community care. This Act provides the service planning, the permission of service providers and care receivers, subsidies payment, and responsibilities of service providers.

The Home and Community Care Act manages the operation of the Home and Community Care Program. This Act sets out the original agreement for the Home and Community Care Program entered into between the Australian, state and territory governments.

Similarities and differences

All policies among three countries are similar with financial support and health care support for the elderly. Especially, all governments in three countries take account of specific their needs and problems for their high quality life such as income support, health support, housing and medical support. However, the policy of New Zealand and Australia is more similar than the policy of Korea. The policy of Korea is little different with two countries’. There is not cultural diversity in the aging care of Korea. In Korea the infrastructure for the elderly is not enough such as residential care, community and care workers for them unlike two countries. Also these policies for New Zealand and Australia consider older people’s employment, however in Korea many elderly people cannot work for themselves. Therefore recently, the policy of Korea is required to consider about the employment for the elderly like other countries which provide good employment for elderly people.

International service delivery policy on Disability

New Zealand

The New Zealand Disability Strategy (NZDS) introduced in the paragraph of international policy is reconsidered carefully. The NZDS shows a service for disabled people to be easy to get. According to this policy, we should handle people fairly and ensure flexibility in the services for supporting them. We should ensure that service providers work together, in order to make it easier for disabled people to receive support. There are good rehabilitation services in NZDS. We need to identify unmet needs and find ways of fixing these things. There are also professional staff and support worker who can support disabled people very well. There is consideration of Maoris’ people.

Ensuring disabled Maori people have a say about their needs.

Involvement of Maori in planning services.

Maori people provide and develop more services for Maori.

Training providers about Maori’s need.

Ensuring available information in an access way for Maori.

The consideration which people from whom a culture differs tend to use is tried.

Moreover, "Needs Assessment and Services Coordination services (NASCs) are organisations contracted with the MOH to support disabled people. The NASCs identify for their strengths and needs, and outline available disability support services. These organisations determine their eligibility for Ministry-funded support services.

The NASCs distribute Ministry-funded disability support services and help with accessing other supports. These services are then delivered by their respective service providers.

Korea

The service delivery policy in Korea is classified with the government organisations and private organisations for disabled people. The government organisations are also classified with a central government and a local government. The private organisations are divided with national a private organisation and a social welfare organisation.

In central government, the office for social welfare policy manages and supervises all supports of organisations for disabled people. However, it is not ease to access services from the government for disability people in Korea. There are not enough frameworks of service delivery policy for disabled people in Korea, so they have to access social welfare organisations funded from special sponsors to get services. There are thirteen private social welfare organisations for disabled people in Korea. These organisations support consultation, treatment, education and socialisation of disabled people at home. There is also a visiting rehabilitation service. However there are not enough facilities for disabled people in Korea.

Australia

Disability support services: services provided under the National Disability Agreement 2010-11

The governments spent $6.2 billion on various services under the National Disability Agreement (NDA) in Australia in 2012. Among all services intellectual (30%), psychiatric (20%) and physical (17%) disabilities were the most common primary disabilities. Almost disabled people needed some assistance in their activities of daily living and their independence. Also they needed work, education and community. The disabled people have various support needs. This data shows five wide groups of services: accommodation support (14%), community support (45%), community access (19%), respite (12%), and employment (41%).

The services for disabled people in Australia include emphasising their strong human rights and focus on implementing individual, person centred care and quality management system.

The Disability Service Act 1986, the objects of this Act are:

to help disabled people to get services necessary to let them work towards full participation as members of the society

to help disabled people to achieve their positive outcomes such as increasing independence, employment and integration in the community

to make sure that the outcomes achieved by disabled people by the provision of services for them are considered in the allowing of financial assistance for this provision

to assist comprehensive rehabilitation services for achieving positive outcomes

The need to consider equity and merit in accessing those resources.

Similarities and Differences

In New Zealand, the policy of service delivery is normally based on the respect of human rights. There are not many different points in the service delivery policy. In Australia, most of the services for disability are funded under the National Disability Agreement (NDA).  Both service delivery policies of New Zealand and Australia focus on person centred care and respect of human rights. However the policy of Korea has no specific service standards for disabled people, so many disabled people cannot participate in the community and society in Korea.

International service delivery policy on Ageing

New Zealand

The Positive Aging goals outlined in the paragraph of the international policy has Key Actions.

Health: Action 2.3 Ensure the availability of multi-disciplinary comprehensive geriatric needs assessment throughout New Zealand.

Transport: Action 4.3 Ensure lack of transport is not a barrier to accessing health services.

Ageing in Place: Action 5.4 Improve delivery of information about provisions and services that enable older people to age in place.

Rural: Action7.4 Ensure equity of access to health services for people in rural areas. 7.5 Develop options to address the transport needs of rural older people accessing services and activities in urban areas.

According to Ministry of Health, "Needs Assessment Service Coordination agencies (NASCs) manage the assessment of needs and service coordination process on behalf of the relevant district health board (DHB). Every person who wishes to receive funding of a DHB for disability support services has to be assessed by the NASC. The information by the assessment is used to settle the level of need of the aging person has – very low, low, medium, high or very high. "

Korea

Social welfare provisions for elderly Koreans is grouped in four categories according to the nature of the provision; income maintenance, health care, housing, and social services.

For instance, in social services, the counseling program for the elderly is designed to provide counseling services. The counselors for them are employed by the local government. Elderly Welfare Center programs are designed to provide various services for health improvement, education, activity, counseling and guidance.

The elderly club houses established by voluntary donations from local people are the most generalized elderly welfare facility in both urban and rural areas. Currently there are more than 24,000 club houses with members comprising more than one-third of those aged 60 and over. Elderly schools that are operated by voluntary organisations are the second most generalized welfare facility provided for elderly Koreans.

Long-term care insurance is the other social welfare system that supports the elderly who are difficult to care for themselves for a period of at least 6 months because of aging and geriatric disease. The national health insurance covers services provided by clinics, hospitals and pharmacies including diagnosis of disease (such as Alzheimer’s and stroke), hospitalization, outpatient treatment, and rehabilitation for elderly people.

Australia

In 2001, the Prime Minster announced a commitment to improving the structures and governance practices of statutory authorities across government. As part of this commitment, the government commissioned is view of governance arrangements. The Review of the Corporate Governance of Statutory Authorities and Officeholders (Uhrig Report) was released in 2003 and made recommendations with respect to governance principles, including the appropriate use of boards. Several changes were made to the governance structures of Australian Agencies as a result.

The report also concluded that statutory authorities would benefit from greater clarity in the definition of their purposes, direction and objectives. The government’s expectations for most statutory authorities have now been clarified by means of written Statements of Expectations, with a corresponding Statement of Intent response. These statements must be made public.

The Australian government has also committed to more transparent reporting of citizen satisfaction with service delivery, in its Responsive Government strategy: The government will develop a consistent and coordinated approach for agencies to measure the use of and satisfaction with their services....The government will develop service delivery metrics based on the strategic priorities: user satisfaction levels, level of connected government, value for money, improvements in public sector capability.

Similarities and Differences

In New Zealand, according to Ministry of Health, "NASCs operate the needs assessment and service coordination process on behalf of the relevant district health board. Every person who wishes to receive disability support services funded by a DHB must be needs assessed by the NASC. In Australia, the government has also committed to more transparent reporting of citizen satisfaction with service delivery, in its Responsive Government strategy: The government will develop a consistent and coordinated approach for agencies to measure the use of and satisfaction with their services. However there is specific department of service delivery for elderly people in government in Korea. Only national health insurance covers almost health issues for the elderly.