Children's rights in New Zealand

19th century

In the early 19th century, minors living in New Zealand were not given special rights in law, as they were not distinguished from adults. This position changed later in the century as minors were seen as a vulnerable group in need of protection; the concept of children's rights did not arise until later. The developments in the 19th century are indicative of the belief that children had a right to protection.

20th century

The rights of minors in New Zealand became increasingly acknowledged and expanded in the 20th century. Towards the end of the century New Zealand began to follow the international movement towards enhancing and protecting the lives of children.

21st century

The rights of New Zealand minors in the 21st century are being continually solidified through enacted legislation and a commitment to international law on children's rights.

Types of rights

Minors in New Zealand have rights that fall within two categories of human rights. First, minors have the same general human rights as adults. However, there are some limitations on rights that a minor may only benefit from once they reach a certain age. Some examples of age-dependent rights are the right to marry, the right to vote, the right to adoption, or the right to gamble. Second, minors have special human rights that serve to protect them as they have needs and concerns that are distinct to their age group. These include rights to an adequate standard of living, health care, education, and the right to protection from discrimination, abuse, and neglect.

The rights of children are multi-faceted and can be defined according to their social, cultural, civil, political or economical features. Typically, children's rights fall into two sub-categories that either advocate for children as autonomous agents under the law, or view children as dependant and in need of protection from harm. This two-pronged approach is illustrative when comparing children's right and youth rights. The difference between children's rights and youth rights is that the former is focused on the protection and welfare of the individual. The latter is concerned with a more expansive approach to individuals who have reached a specific age or maturity. For example, an individual may consent to sexual activity with another individual, if both individuals are 16 years or older.

Education

The right to education is not specifically stated in New Zealand domestic law, however it is reflected in the Education Act 1989, the Education Standards Act 2001 (an amendment to the Education Act 1989), and the Private Schools Conditional Integration Act 1975. The law on education in New Zealand is underpinned by the universal recognition of the entitlement to education found in Article 26 of the Universal Declaration of Human Rights (UDHR) and Articles 13 and 14 of the International Covenant on Economic, Social and Cultural Rights (ICESCR).

There are three levels to the right to education in New Zealand:

There are also a range of rights and obligations that surround aspects of attendance in a primary of secondary school. For instance, a child between the ages of six and under 16 may be employed, although not within school hours. Once a child is 16 years or older, they have the right to leave school and be employed during the hours when they would attend school. Furthermore, if a child is under the age of 16 years, the parents of the child may refuse attendance of a particular class, based upon religious or cultural grounds. Once the child has reached the age of 16 years, they may ask to be released from the class themselves, although a request must be in writing and the principal of the school must be satisfied that the request is genuine and adequate supervision is provided.

Children in the courts

The laws covering minors in New Zealand courts are reflective of the balancing act between considering child protection and advocating children as autonomous agents. On the one hand, recent legislation has meant that in cases over disputes of day-to-day care or parental relocation, a child's welfare and best interests are regarded as needing protection. Therefore, the rights of the child often override other considerations, such as the parent's interests or rights. However, other legislation establishes children as autonomous by allowing fot a child between the ages of 10 years and 14 years to be charged with serious offences such as murder or manslaughter.

Child protection in the courts

The Care of Children Act 2004 is the most recent piece of legislation covering the rights of minors in New Zealand. Its predecessor was the Guardianship Act 1968, which places the minor as a paramount consideration. The new Act strengthened the approach taken towards minors by ensuring that any judicial proceedings taken under the Act must take into account the general theme of a minor's welfare and best interests. Furthermore, the Act also gives the minor the right to express his or her own views, especially in cases where the day-to-day care of the minor is in question.

Child autonomy in the courts

While minors require protection in the law, New Zealand recognises that at certain ages specified in law, minors have the maturity to understand and be responsible for their acts. People who are below the general age of majority but have reached a specific age are deemed to have the same liability for crime they commit as adults. For example, a child of at least 14 may be charged with any crime within New Zealand. However, criminal cases involving minors under 18 are tried in the Youth Courts.