‘LEGAL DISCRIMINATION’ AN OXYMORON

The legal challenge claiming discrimination on the part of the Ministry of Health continues. A date set for early May to apply for leave to go to the Court of Appeal was postponed when Crown Law filed a late objection. Yet again the government contravenes its own document’s objectives, (New Zealand Disability Strategy 2001, Objective 7.5.) The Court of Appeal application will now be heard sometime in June.

It is not just those with illnesses who stand to benefit from a change in legislation; the

therapists working with us have a lot at stake in the drive for social fairness. Providing the best possible service maximizing time spent with clients is much more achievable alongside equity for illness goals. ACC and the Ministry of Health each provide their own disparate set of regulations, entitlements, and eligibility criteria, requiring time-consuming and onerous paper trails between the professionals working with a client to the relevant authority. A needs-based, non-discriminatory health system would reduce this dramatically, enabling a faster and more efficient service for everyone involved.

The New Zealand Government has recently been awarded the International Franklin Delano Roosevelt Award for its advocacy for people with disabilities. Equity-for-illness supporters believe this is little reason to celebrate while New Zealand legislation continues to uphold the discriminatory practice by the Ministry of Health in comparison with ACC’s generous entitlements.

The fact such legislation became law in 1974 is extraordinary enough without realizing that thirty-four years later, despite recognition of the inequities during the years since, it remains unchanged. If a similar bill had been passed discriminating on any other of the protected grounds under the Human Rights Act, (eg. racial, gender, age, or religious belief,) the outcry would have been heard around the world. New Zealand would certainly not be winning International Awards for its contribution towards promoting equality and understanding nor basking in the glow of self-satisfaction.

In his High Court decision delivered in April, Judge Dobson made the statement, ‘the current system is unjust but that it is legal discrimination.’ This is an extraordinary indictment on any 21st Century western democracy. It is deplorable that the New Zealand Government be content to justify and defend such legislative-condoned breach of a person's rights. The expression 'the law is an ass’ could not more apt.

Please visit our website www.equity-for-illness.org.nz for ways to support our goals. It is said that Rome wasn't built in a day. Sadly, challenging and changing a system that doesn't provide for the citizens takes even longer. It is no reason not to try however. Let's all be a part of it.

Melanie Trevethick
Spokesperson/Trustee

equity-for-illness www.equity-for-illness.org.nz

© Cerebral Palsy Society of New Zealand 1984 - 2008