Prism explores six human rights issues relating to people with a diverse sexual orientation, gender identity and expression, and sex characteristics in Aotearoa New Zealand. While not exhaustive, this analysis reflects the voices of the SOGIESCdiverse people who attended the Commission’s consultation hui in 2018. The purpose of this paper is to introduce these six human rights issues and to assist in providing a baseline understanding for greater discussion and collaboration.

Recommendations

1. Amend the Births, Deaths, Marriages, and Relationships Registration Act to ensure that the process for an individual to update the nominated sex on their birth record is predicated on a rights-based model of self-determination, bodily integrity and non-discrimination in accordance with New Zealand’s international human rights obligations.
2. Remove the intersex sex option suggested by the Select Committee after the Bill’s first reading.
3. Include in the definitions clauses a provision that defines “gender identity” along the lines of the definition adopted in Argentina and Malta.
4. Consider whether New Zealand’s legislative framework should provide for the right of official recognition of gender identity.