Human RigHts, sexual ORientatiOn, sex and gendeR identity

BORn FRee & equal2

The Yogyakarta Principles set out the international human rights

standards that countries must meet to uphold the human rights of sexual

and gender minorities.

Everyone in New Zealand has these human rights, whichever word they

use to describe their sexual orientation, sex or gender identity.

These include people who identify as: takataapui, lesbian, gay, bisexual,

queer*, heterosexual, intersex, female, male, transsexual, transgender,

whakawahine, tangata ira tane, mahu (Tahiti and Hawaii), vakasalewalewa

(Fiji), palopa (Papua New Guinea), fa’afafine (Samoa, America Samoa and

Tokelau), akava’ine (Cook Islands), fakaleiti or leiti (the Kingdom of Tonga),

or fakafifine (Niue).

All human beings are born free and equal in dignity and rights.

– Universal Declaration of Human Rights

People of all sexual orientations and gender identities are entitled to the full enjoyment of all human rights.

– The Yogyakarta Principles (www.yogyakartaprinciples.org/)

3Human R igHts , sexual OR i entat iOn , sex & gendeR ident ity

978-0-478-35642-7 (Print)

978-0-478-35643-4 (PDF)

Illustrations Sam Orchard

www.roostertailscomic.com

It is unlawful to discriminate against anyone in New Zealand because

of their sexual orientation or sex/gender identity within areas of life

covered by the Human Rights Act 1993. These include applying for a

job, at work, in education and health care, in government agencies’

policies and practice, and when you buy things or pay for services.

The Human Rights Commission looks at changes to laws, policies and

practice needed to respect, protect and fulfil the human rights of

queer* people.

Some things the Commission has done:

Paper on marriage and adoption equality (June 2012).

Chapter on the rights of sexual and gender minorities

(Human Rights in New Zealand 2010).

Transgender Inquiry (www.hrc.co.nz/transgenderinquiry) (including

11 online resources for schools, employers, health professionals

and those working with trans children and young people).

Intersex Roundtable.

More information can be found on the sexual orientation

and gender identity (SOGI) page of the Commission’s website:

www.hrc.co.nz/sogi.

This resource uses “queer*” to cover people of diverse sexual orientations,

gender identities and sexes (gay, lesbian, bisexual, trans, intersex etc).

BORn FRee & equal4

5Human R igHts , sexual OR i entat iOn , sex & gendeR ident ity

BORn FRee & equal6

7Human R igHts , sexual OR i entat iOn , sex & gendeR ident ity

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9Human R igHts , sexual OR i entat iOn , sex & gendeR ident ity

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11Human R igHts , sexual OR i entat iOn , sex & gendeR ident ity

When describing people use the terms,

pronouns and names that they choose. If you

are not sure – ask.

If you want to be queer* aware – be careful

about making assumptions.

Don’t ask a woman if she has a husband –

ask if she has a partner.

Don’t assume all trans and intersex people

are lesbian or gay – some are heterosexual or

bisexual.

Develop queer* inclusive policies.

Check any policies don’t discriminate against

queer* people. Discrimination under the Human

Rights Act can be both direct or indirect. A

policy that doesn’t mention queer* people can

still discriminate if it creates negative or lesser

outcomes for queer* people.

Stand up against bullying or harassment based

on someone’s sexual orientation, sex or gender

identity. Pink Shirt Day is a day to visibly stand

up against this.

Educate/get educated.

Set up a queer* rights group.

Make sure queer* people are visible: Consider

what media/images you show.

So how do I make sure that the rights of queer* people are respected

as a seRvice pROvideR?in my

scHOOl?

in my wORkplace?

Don’t be afraid to ask questions (respectfully)

and apologise if you get it wrong.

Have a contact person for queer* issues or

support for queer people in your workplace/

school/services.

Put up signs or symbols celebrating diversity so

that all people feel welcome.

Have a flexible clothing policy including

gender-neutral options. If there are male and

female dress codes, let people choose which

dress code matches their gender identity or

expression.

People should have the choice of using the

toilet that matches their sex/gender identity.

Let students choose the partner they take to

a school ball. (Any rules such as only students

from the school can attend, should apply

equally to all students.)

Religious and personal belief are not an excuse

to discriminate. People are entitled to express

their beliefs but not to treat others unfairly.

Focus on policy and what actions can be

changed rather than changing their particular

religious view point. Within all world faiths

there are differing perspectives and people who

celebrate the rights of queer* people.

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If you have a complaint or enquiry about discrimination because of your sex/gender identity

or sexual orientation, you can contact the Human Rights Commission’s Infoline on:

Email: infoline@hrc.co.nz

Phone: 0800 496 877 (toll free) or

visit www.hrc.co.nz/enquiries

The Human Rights Commission offers free educational workshops and seminars about

human rights and gives advice about how to put this into practice. If you are aware of human

rights issues facing queer* people in your community, let the Commission know about it.

Discrimination against queer* people is something that we need to stand up against together.

For links to different trans resources and support groups www.hrc.co.nz/transinfo.

National and Local Queer* Resources/Support

Rainbow Youth Ph: (09) 376 4155 www.rainbowyouth.org.nz

www.outline.org.nz

www.curious.org.nz

Further information for intersex people and their families?

Intersex Awareness New Zealand Phone +644 381 2221 www.ianz.org.nz

Need someone to talk to?0800 OUTLINE0800 688 5463

tReated unFaiRly Because OF yOuR sexual ORientatiOn, sex OR gendeR identity?

Intersex Awareness New Zealand