You can’t have your human rights because they cost too much

by frog

Early this month the Human Rights Review Tribunal released the landmark decision Atkinson and others v Ministry of Health.  The case involves the Ministry of Health’s policy of denying financial help to family members to care for severely disabled relatives, despite such help being available to caregivers who are not family members.

The Human Rights Review Tribunal found that the Ministry’s:

…practice and/or policy of excluding specified family members from payment for the provision of funded disability support services is inconsistent with section 19 of the New Zealand Bill of Rights Act 1990 in that it limits the right to freedom from discrimination, both directly and indirectly, on the grounds of family status and is not, under section 5 of that Act, a justified limitation.

But instead of agreeing to amend the policy to make it compliant with the NZ Bill of Rights Act, the Government has decided to appeal the decision.  In a waffly media statement, Health Minister Tony Ryall said:

The Solicitor General strongly advises me that there are very significant legal issues about the decision that need to be examined.

However, he was somewhat more frank with Radio New Zealand:

The Government says it’s appealing against a ruling of the Human Rights Review Tribunal because the country cannot afford to pay people to look after their own severely disabled family members.

Health Minister Tony Ryall says paying people to look after their disabled children is not where the Government wants to go.

What’s next, I wonder?  Repeal the Equal Pay Act so employers can pay their women workers less and claim it is justified discrimination on the grounds that it would improve productivity?  I’m surprised the Brash Taskforce didn’t come up with that one… Oops, better stop – I might be giving them ideas!

Curiously, the financial implications of paying people to look after disabled family members which Ryall now appears to be relying on, does not appear to have been strongly argued by the Ministry. The Tribunal found:

As to the important issue that such a policy is needed for reason of financial sustainability; we have found no evidence to show, convincingly and unarguably, that the financial impact of a policy to pay family members currently excluded by the policy would not be sustainable. Certainly, a detailed assessment does not appear to have been undertaken when the policy was first formulated and in subsequent years, to date.

It will be an interesting appeal indeed if the Ministry is relying on evidence of financial implications that simply doesn’t exist.

frog says

Published in Health & Wellbeing | Justice & Democracy by frog on Tue, January 26th, 2010   

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