News release For immediate release 26 October 2007

Discrimination Case Against Government Moves To High Court

In a decision delivered yesterday the Human Rights Commission stated that it is no longer neutral and now joins disability campaigner Melanie Trevethick in arguing the definition of disability must at least be capable of including the cause of disability. However while it agreed with equity-for-illness campaigner Trevethick that she has a case the Commission could not rule in her favour because of a point of law.

"It's actually a very positive thing for equity-for-illness," says Trevethick. "While they ruled against us on a point of law, the Human Rights Review Tribunal has come out in strong support of our case saying it is a legitimate political point," she says. Trevethick is now taking her case of discrimination against the Ministry of Health to the next stage - an appeal to the High Court, after the Human Rights Commission's decision yesterday upholding Crown Law's case.

She has been campaigning for five years against Ministry of Health discrimination toward people disabled through illness, arguing social inequity arising out of the fact similarly circumstanced people are treated differently depending on the cause of their disability.

The situation at present is that if someone becomes disabled through accident they receive substantial financial support from ACC. However, if, like Trevethick, one becomes disabled through illness then there is a much smaller level of financial support provided through the Ministry of Health.

"There are obvious inequities between ACC and Ministry of Health funding that blatantly disregards our human rights," says Trevethick. "The New Zealand Disability Strategy objective 7.5 encourages equity of funding and service provision for people of similar needs regardless of cause of their impairment. All I'm asking is that the Government allows those of us disabled by illness to lead a dignified life, just as if we'd been disabled by accident."

Trevethick has been steadily moving through the Human Rights Commission process. Late last year the Crown applied to have her case struck out based on two points of law – one, that comparing herself to a person with similar disabilities covered by ACC is not a valid comparator group; and two, the Human Rights Act does not allow comparison within the definition of any prohibited grounds.

Crown Law's application on the first point was dismissed earlier this year, but yesterday the Human Rights Review Tribunal upheld its application on the second point.

"I'm determined to see this challenge through. Someone has to stand up and make this change happen. Too many New Zealanders are affected by this blatant discrimination, and it's time our government both acknowledges it and re-writes the legislation."

Trevethick dismisses arguments suggesting funding is an issue preventing equality for illness.

"There are solutions to the financial implications should the government wish to find them."

Ends

About equity-for-illness equity-for-illness is a non-profit organization established to see Ministry of Health funding brought into line with current ACC entitlements: creating a non-discriminatory, needs-focused health delivery ; regardless of the cause. See www.equity-for-illness.org.nz

About Melanie Trevethick Melanie Trevethick is a 50-year-old Cambridge woman who has Multiple Sclerosis. She has led the campaign for change since 2003. She believes it is our birthright as New Zealanders to live in a society where equality is the cornerstone on which government practice is based. Health and disability legislation currently promotes active discrimination against New Zealanders and her intention to see this changed. Melanie's case is being handled by prominent Wellington lawyer John Miller.

ENDS

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