Citation

Reuvecamp I. J. Law Med. 2021; 28(4): 1114-1126.

Copyright

(Copyright © 2021, Thompson - LBC Information Services)

DOI

unavailable

PMID

34907690

Abstract

The Human Rights Review Tribunal of New Zealand recently determined that it has the power to award damages for loss of dignity in cases where the person whose rights have been breached does not have the mental capacity to understand that this is the case, or the impact of that breach on their dignity. In defining the meaning of dignity, determining how to assess its loss (by way of an objective rather than subjective test) and categorising the nature of damages for loss of dignity as vindicatory rather than compensatory, the Tribunal broke new ground. However, after analysing the Tribunal's decision, and considering relevant case law, this article concludes that the Tribunal's decision was flawed, and that the legislation only allows for the award of compensatory damages. Legislative change would be required to expand the scope of remedies available to include vindicatory damages.

Language: en

Keywords

disability; code of health and disability services consumers rights; compensatory damages; Health and Disability Commissioner Act; Human Rights Act; Human Rights Review Tribunal; humiliation, loss of dignity and injury to feelings; lack of mental capacity; Privacy Act; vindicatory damages