It has been a bad day for Human Rights in New Zealand

Media release

5 June 2015

It has been a bad day for Human Rights in New Zealand

IHC New Zealand is disappointed by today’s ruling from the Court of Appeal which means that a 16 year old boy will not get to argue for his human rights to be protected at school.

This case first went to court in 2013, when Green Bay High School Board of Trustees suspended and excluded the then 14 year old boy for having a scuffle with a teacher over a skateboard. The boy’s parents argued for a judicial review, which found the boy should not have been suspended and the school had insufficient information to make that decision.

The Principal and the Board of Trustees sought to appeal that decision but the Court of Appeal has dismissed the appeal as the teenager is now being educated outside the mainstream school system.

Trish Grant, Director of Advocacy at IHC says, “We’re astounded at the ruling by the Court of Appeal which means that this boy’s right to education in a public school has been cut short. Every child deserves the right to an education free from discrimination under the Human Rights Act”.

This was an important test case for IHC, which expects the Courts to give full consideration to the important human rights issues which lie at the heart of individual cases.

“Many children experience unjustified discrimination in schools throughout New Zealand. The Green Bay case illustrates what can go wrong when a school doesn’t have proper support in place for a student with special needs”.

IHC is undeterred. We believe education policy needs to reflect the rights to education without discrimination and on the basis of equal opportunity as enshrined in both the Convention on the Rights of the Child and the Convention on the Rights of Disabled Persons and New Zealand’s legislation.

IHC’s own education complaint is continuing and you can read more about it here: http://www.ihc.org.nz/campaigns/education-complaint/

ENDS

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