[1] The Human Rights Commission in New Zealand have asserted that there is strong, consistent evidence that structural discrimination is a real and ongoing issue in the country.
Several United Nations human rights monitoring bodies have expressed their concern about inequalities in New Zealand, and have suggested several ways to address these, including acknowledgment and reduction of structural discrimination.
[15] The Committee welcomed New Zealand's, "recognition that structural discrimination in the State party is partly responsible for the persistent poor outcomes that the members of the Māori and Pasifika communities experience", and that, "the Committee recommends that the State party intensify its efforts to improve the outcomes of the Māori and Pasifika in the fields of employment, health and in the administration of criminal justice by, inter alia, addressing the existing structural discrimination in the State party.”[15] In 2012, the United Nations Committee on Economic, social and cultural rights recommended that the New Zealand Government, “strengthen its efforts aimed at eliminating the disadvantages faced by Māori and Pasifika in the enjoyment of economic, social and cultural rights by addressing structural factors.” In the Human Rights Commission's (2010) annual review of race relations, 'Tui Tui Tuituia Race Relations', it was stated that structural discrimination and the institutional barriers it creates affect the full spectrum of human rights including, “civil, political, social and economic rights.”[16] When examining the effects of structural discrimination it can be seen that the Pākehā majority in New Zealand, “have better outcomes on nearly every socio-economic indicator, but they have also accumulated inter-generational benefits over time that concentrate and sustain ethnic differences in wealth, power and other indicators of wellbeing.”[17][18] The effects of structural discrimination are cumulative with disadvantages crossing both public institutions and generations.
It is an unfortunate reality that in New Zealand there is no equality in access to rights to health, education, and justice due to a various socio-economic obstacles, including structural discrimination.
[21] For example, research suggests that, “pacific peoples turn up for GP appointments at higher rates than the general New Zealander population, but experience worse outcomes and receive fewer referrals, despite statistically having a higher burden of disease.” It has also been found that structural discrimination in health care institutions has been associated with lower odds of breast and cervical cancer screening among Māori women, as well as negative patient experiences for all participants.
[28] The Robson Hanan Trust concluded that despite the overwhelming evidence that structural discrimination exists in New Zealand, there has been a historical reluctance on the part of successive governments to address this key issue.
For example, following recommendations made by an ICESCR Committee in 2012 to address structural discrimination in public institutions, Iwi (Tribes) and the police have developed several strategies aimed at reducing victimisation among Māori.
[15] When looking at the Waitangi Tribunal's 2011 report ‘Ko Aotearoa Tenei’ the Human Rights Commission has stated that drawing on diverse cultural values and practices to inform more responsive social services that cater to the needs of different communities is a central part of addressing structural discrimination.
[32] The commission has also stated that they support the recommendation made by the UN Committee Economic, Social and Cultural Rights to address structural discrimination that the Government set specific equality targets by year and closely monitor the achievement of these.
[34] As such the Commission suggest that a comprehensive policy approach should take into account and seek to address both structural barriers to equality and embedded social and economic factors.