Human rights in Niue

[2] Niue controls its own internal affairs, while New Zealand retains responsibility for its defence and external relations[3] and is required to provide necessary economic and administrative assistance.

[11] As a self-governing state, it is responsible for producing its own reports on measures adopted to give effect to international treaties.

[12] Despite offers of assistance from New Zealand,[13] Niue has experienced difficulty in doing so due to its small population and a shortage of resources and expertise.

Niue is not subject to the Universal Periodic Review process as it is not a member state of the United Nations.

[7] Previously, Article 31 of Schedule 2 set out special rules for proposed legislation which could impact upon human rights.

This required the Chief Justice to be invited to comment on the legal, constitutional, and policy issues where a Bill or proposed amendment affected such matters as criminal procedure, definitions of criminal offences, marriage, the law of evidence, and extradition.

[42] Agreements in relation to real property are void to the extent that they prohibit or restrict dealings by reason of the colour, race or ethnic origins of an individual or their family.

It is on track to meet its Millennium Development Goals of 2015 in relation to promoting gender equality and empowering women.

[45] There have been no reports of maternal deaths since 1980,[46] gender parity has been achieved in primary and tertiary education,[46] and there is high participation of women in government.

[54] The introduction of a mandatory reporting obligation on figures of authority, and a “no-drop” policy ensuring cases are not closed prematurely[55] have been touted as possible solutions.

Due to a lack of reproductive health education[56] and the societal attitude that all children are "blessings and gifts from God",[57] teen pregnancy is common.

In particular, the common law defence[61] of necessity could be applicable in the event of endangerment to a woman’s life or health.

The United Nations Committee on the Rights of the Child has recommended raising this to 18, to match the minimum age for males.

Current Niue law does not make any specific reference to those who identify as lesbian, gay, bisexual or transgender.

Same-sex marriage is not recognised[66] and there is no legislation prohibiting discrimination on the basis of sexual orientation or gender identity.

Legislation relating to cruel treatment[75] and bodily harm[76] is not interpreted as outlawing corporal punishment.

[80] Also of concern is reference in the Niue Act 1966 to women and girls who are "idiots, imbeciles or of unsound mind", and the lower criminal sanction for those who sexually offend against such individuals.