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Structural discrimination (also known as structural inequality, systemic discrimination, or institutional racism) occurs in a society "when an entire network of rules and practices disadvantages less empowered groups while serving at the same time to advantage the dominant group".〔() Definition from 'EEO Policy to 2010: Future Directions of EEO in the New Zealand Public Service'.〕 The Human Rights Commission in New Zealand have asserted that there is strong, consistent evidence that structural discrimination is a real and ongoing issue in the country.〔 () Human Rights Commission (2012) Report, 'A Fair Go For All - Addressing Structural Discrimination in Public Services', at 50.〕 The Commission has acknowledged the importance of addressing institutional barriers within New Zealand's social institutions, stating that these barriers help to create social inequalities which in turn limit the access to and fulfillment of New Zealand's human rights obligations.〔 () Human Rights Commission (2012) Report.〕 In the New Zealand Department of Social Welfare's (1988) Report, Puao-te-Ata-tu, it was noted that structural discrimination is “the most insidious and destructive form of racism.”〔() Department of Social Welfare (1988) Report, Puao-te-atu-tu (Daybreak), at 18.〕 The Report found that the negative effects of structural discrimination were wide reaching and inter-generational and primarily disadvantaged New Zealand’s most vulnerable groups.〔() Department of Social Welfare (1988) Report, Puao-te-atu-tu (Daybreak).〕 Joris de Bres, New Zealand’s Race Relations Commissioner from 2002-2013, stated that the systems and processes in New Zealand public services are not sufficiently sensitive to the diversity of its population.〔() 3news interview with Joris de Bres, (2012).〕 He argued that addressing structural discrimination is vitally important for New Zealand as currently structural disadvantage is being perpetuated with Māori, Pasifika, and ethnic minorities not getting equal outcomes through their access and interaction with public service bodies.〔() Interview (2012), as above.〕 ==Legislative context== At a domestic level human rights in New Zealand are primarily contained in the Human Rights Act 1993 (HRA) and New Zealand Bill of Rights Act 1990 (NZBORA). Structural Discrimination is not given a definition in the domestic legislation, however, under the HRA (following the NZBORA non-discrimination standard) it is unlawful to discriminate on the grounds of race, colour, ethnicity or national origin, with this including both direct and indirect discrimination.〔As was stated in ''Northern Regional Health Authority v Human Rights Commission'' () 2 NZLR 218; (1997) 4 HRNZ 37 (HC)..... CITE THE HRA as well......〕 Structural discrimination can be considered a form of indirect discrimination as it occurs when an action, omission, or policy that appears to treat everyone in the same manner, actually creates negative effects unfairly impacting a particular group.〔() Human Rights Commission (2012) Report.〕 Human rights are also protected at an international level with New Zealand having ratified numerous international human rights treaties.〔() UN Treaty Collection: New Zealand.〕 Under Article 2(1)(c) of the Convention on the Elimination of All Forms of Racial Discrimination (CERD) it is stated that, “each State party shall take effective measures to review governmental, national and local policies, and to amend, rescind or nullify any laws and regulations which have the effect of creating or perpetuating racial discrimination wherever it exists."〔See Article 2(1)(c), accessed http://www.ohchr.org/EN/ProfessionalInterest/Pages/CERD.aspx〕 As is affirmed by Geiringer and Palmer, this brings about positive obligations on the State to address matters of structural discrimination, meaning that a State must, "ensure that formal rights and entitlements are extended without discrimination", by looking to, "eliminate structural inequalities and actual social and economic disparities.”〔Human Rights and Social Policy in New Zealand, article found at http://www.msd.govt.nz/about-msd-and-our-work/publications-resources/journals-and-magazines/social-policy-journal/spj30/30-human-rights-and-social-policy-in-new-zealand-pages12-41.html〕 It is important to note that the Treaty of Waitangi is another key legislative document to acknowledge when discussing structural discrimination in New Zealand. Despite the well documented translation disagreements and lack of higher protective status of the Treaty in a domestic constitutional context,〔See summary of such arguments at http://www.nzhistory.net.nz/politics/treaty/read-the-Treaty/differences-between-the-texts.〕 it is well recognised that the Treaty's articles concern recognition of rights and responsibilities which are necessary considerations when looking to address structural discrimination. The Human Rights Commission found in its (2010) Report, ‘Human Rights and the Treaty of Waitangi’, that, “the guarantee of equal rights promised in the Treaty remains unfulfilled today, as systemic disadvantage remains to be fully addressed.”〔() Human Rights Commission (2010) Report, 'Te Mana i Waitangi: Human Rights and the Treaty of Waitangi', at 18.〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Structural discrimination in New Zealand」の詳細全文を読む スポンサード リンク
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