More to do to promote breastfeeding rights
More could be done to promote breastfeeding rights other than changes to law, the Human Rights Commission told the
Health Select Committee considering the issue today.
¡§The Human Rights Act has enabled the Commission to deal with most complaints it received alleging discrimination
against mothers attempting to breastfeed their children,¡¨ EEO Commissioner Judy McGregor said.
The Commission received six complaints related to breastfeeding since January 2002. Four of these were resolved through
the Commission¡¦s dispute resolution process, which in some cases involved mediation. The fifth complaint was referred
to the Ombudsmen¡¦s office and the sixth was Ms Weatherley¡¦s complaint, which was not progressed.
¡§Though the Human Rights Act has been able to address most complaints there were a number of ways that breastfeeding
rights could be strengthened so as to eliminate the stigma that is sometimes associated with breastfeeding,¡¨ said Dr
McGregor.
Some of these approaches include:
„X Increase support and healthcare resources on breastfeeding in the period immediately following birth, which is the
crucial time when the decision is made to start breastfeeding or not;
„X Increased activities that help coordinate the various health, education, and policy initiatives in the area of
breastfeeding;
„X Designate staff in Government agencies to explore ways in which breastfeeding can be further promoted and protected.
„X Undertake New Zealand-based research to investigate the rapid drop-off of breastfeeding that takes place between 5-6
weeks after birth (66%) and 4-6 months after birth (23%).
„X The development of a campaign to address the social stigma that surrounds breastfeeding through the communication of
its benefits.
„X Promote the use of the Department of Labour¡¦s Employers Guidelines for Breastfeeding in the Workplace, which are
currently being developed.
„X Draw more on the growing international thinking on the better promotion of breastfeeding.
Following the complaint made by Liz Weatherly the Commission developed a set of principles on breastfeeding that both it
and other organisations could use to help protect breast feeding rights. These are:
„« A woman has a right to breastfeed and is protected from discrimination for breastfeeding under the HRA and
international law;
„« A woman should be permitted to breastfeed where she and her child or children would otherwise be permitted to be;
„« The right to breastfeed should not be limited by any individual, group or party, unless that intervention is based on
evidence of significant detriment to either the mother or child;
„« Breastfeeding should, generally, be considered to be in the best interests of the child but in most circumstances
parents should be allowed to determine what is in the best interests of their child with respect to infant-feeding;
„« The approach to breastfeeding discrimination should encompass the view that breastfeeding mothers and their babies
form an inseparable biological and social unit.
¡§The application of these principles to the work of Government, employers, educational institutions, and community
sector agencies would help promote breastfeeding in New Zealand,¡¨ said Dr McGregor.
These principles will be discussed at a day-long forum planned for 5 May, which will be attended by human rights expert
Professor George Kent from Hawaii.
Background Information
The Human Rights Act comprises 13 grounds, on which it is unlawful to discriminate against someone if the alleged
discrimination takes place in one of the areas designated under the Human Rights Act. For the purposes of the Act
breastfeeding falls under the ground of sex.