Niue Case Study

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Niue is a country in the South Pacific Ocean with an estimated population of 1,190.[1] Since 1974, it has been self-governing in free association with New Zealand. [2] Niue controls its own internal affairs, while New Zealand retains responsibility for its defence and external relations[3] and is required to provide necessary economic and administrative assistance.[4]

Niue does not have a Bill of Rights guaranteeing fundamental rights or freedom from discrimination. Law relevant to human rights can be found in various pieces of ordinary legislation. Areas of concern include the rights of women, children, and persons who identify as lesbian, gay, bisexual or transgender (LGBT).

The Government of Niue
Contents [hide]
1 Legal framework
1.1 International obligations
1.2 Constitution
1.3 Legislation applicable to Niue
2 Human rights issues
2.1 Right to life
2.2 Electoral rights
2.3 Access to justice
2.4 Freedom of religion
2.5 Freedom of expression
2.6 Labour law
2.7 Racial discrimination
2.8 Women's rights
2.9 LGBT rights
2.10 Children's rights
2.11 Rights of persons with disabilities
3 References
4 External links
Legal framework[edit]
International obligations[edit]
During recent consultations, Niue developed Terms of Reference for a Human Rights Committee which will be responsible for examining the country's human rights obligations arising from international law.[5]

Niue is party to treaties signed and ratified by New Zealand prior to 1988,[6] including the following:[7][8]

International Covenant on Civil and Political Rights (ICCPR)
International Covenant on Economic, Social and Cultural Rights (ICESCR)
International Convention on the Elimination of All Forms of Racial Discrimination (CERD)
Convention on the Elimination o...

... middle of paper ...

....[78] In 2011, the enrolment rate of primary and secondary school aged children was 100%.[79]

The use of corporal punishment at school is not expressly prohibited by law. Legislation relating to cruel treatment[80] and bodily harm[81] is not interpreted as outlawing corporal punishment.[82] Acceptance of corporal punishment in the home is "near universal".[83]

Rights of persons with disabilities[edit]
Legislation requires that children with physical or mental disabilities be educated at a "special school" or institution,[84] however Niue has no teachers with training in special needs education.[85] Also of concern is reference in the Niue Act 1966 to women and girls who are "idiots, imbeciles or of unsound mind", and the lower criminal sanction for those who sexually offend against such individuals.[86]

Niue adopted a National Policy on Disability in 2011.[87]

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