30 June 2009 - UNICEF NZ supports the call by the Human Rights Commission for the New Zealand education system to stop discrimination against children whose parents are not legal immigrants.

"More than 1,000 children of Pacific descent are unable to attend school or have access to free health care because their parent's immigration status is unclear," says UNICEF Executive Director Dennis McKinlay.

"That is an obvious breach of their rights.

"There is international agreement that children should not be penalised because of their parent's immigration status" says Mr McKinlay.

"Education and health care are fundamental rights for all children and we urge the Government to act speedily to remove any impediment to children accessing their right to these essential needs."

The Government submitted its report on compliance with the United Nations Convention on the Rights of the Child (UNCROC) last November. The UN Committee on Children has twice recommended that New Zealand remove the reservation it has to the UNCROC that allows the Government to deny the right of education and health care to children of illegal immigrants. UNICEF noted in its submission to the UNCROC Report that the NZ Government has made assurances that work is proceeding to remove the reservation.

At the time of their submission to the UNCROC report, UNICEF consulted a group of nine-year-old children about New Zealand's reservation to the UNCROC which prevents some children from attending school in New Zealand.

"These children were very emphatic in their view that it was not fair that children can not legally go to school or have medical treatment when they need it if their parents or guardians do not have permission to be in New Zealand.

"They told us that those children don't know that their parents are not supposed to be here and they have to be with their parents. They said that children need immunizations to keep them well and if they are sick or injured they should get the help they need. They also told us that it was not good if these children could not go to school and learn.

"The comment in the report that 'New Zealand takes its international obligations seriously' is likely to be viewed with some doubt given the time that has elapsed since the Committee first made a recommendation to remove this reservation and the lack of action to make it happen.

"While this issue has come to attention in relation to children being prevented from attending school, there is also the wider matter of provision of health care. The children, communities affected, and government service providers need to know that every child has the right to free education and basic health care, regardless of their parent's status."

Mr McKinlay says that UNICEF NZ will seek a meeting with the Minister of Immigration to put the case for speedy action to remove barriers to children affected by the policy from receiving education and health care.