121:(ICESCR). The Constitution of Tokelau gives no indication to the meaning of each individual right, but states that the sources of law include "the general principles of international law"; therefore the ICESCR can be used to define what the right to education actually means. The ICESCR goes into some detail on what the right to education entails. It states all primary education should be free and compulsory. Secondary education should be generally available and accessible to all, as should any higher education. It then goes on to say there needs to be development in school systems that are free from discrimination, with set minimum standards and a high level of quality.
168:
report also outlined
Tokelau’s biggest challenge in providing health care is attracting medically trained staff to come and work in Tokelau. This challenge was largely attributed to being so isolated from other countries. The World Health Organization has recognised that the flow on effects from having recruitment issues has led to health workers having to run the hospital and become accountable for a vast amount of high level duties.
180:
made
Tokelau along with many other islands in the Pacific struggle to conserve and store water for individual use. In the past, countries such as New Zealand and the United States have had to send emergency water supplies to Tokelau because it was on the verge of running out entirely. Sanitation facilities are also said to be poorly designed and wasting precious supplies of fresh water through the flushing system.
28:. When exercising these rights, there must be proper recognition of the rights of others and to the community as a whole. If an individual believes their rights have been breached they may go to the Council for the Ongoing Government who may make any appropriate order to protect that individual’s rights. There have been no such complaints to date.
37:
an express statement once the
Government of Tokelau has been consulted. If Tokelau were to become a state in free association with New Zealand, then they would have the capacity to ratify treaties under their own name. There have been two referendums attempts in Tokelau to move to self-government. These occurred in
128:
New
Zealand conducted an educational review of Tokelau in February 2014, and found "the overall quality of teaching does not enable all Tokelauan students to achieve the education standards outlined in the Tokelau National Curriculum Policy Framework". The same report went on to find that none of the
124:
Tokelau conforms with its human rights obligations in that up to the age of 16 years, education is free, and under s63 of the Crimes, Procedure and
Evidence Rules 2003, school is compulsory until the age of 16. There are three schools across the three atolls, all of whom teach from early childhood up
196:
The Crimes, Procedure and
Evidence Rules (CPER) 2003 sets out Tokelau's criminal code. Part II of the CPER and onwards sets out numerous sections all in relation to trial circumstances and processes for both criminal and civil trials. According to the Annex of the National Report, the rules set out
179:
Tokelau has very scarce water resources and because there are no fresh water surfaces on any of the atolls, it is solely dependent on rainwater as its source of fresh water. In recent years, climate change has resulted in much lower rain levels with drought periods lasting for much longer. This has
163:
Tokelau ensures they are adhering to
Article 25 of the Universal Declaration of Human Rights in regards to access to healthcare by making all dental and medical services free to the citizens of Tokelau. This includes the prescription of essential medicines. Where a person is required to go to Samoa
159:
There are three hospitals in
Tokelau, one is located on each of the three atolls. They are the primary healthcare facilities for Tokelauan residents. Each hospital has 12 beds, none of which have the capacity for intensive care patients. In the case of serious injuries patients have to be evacuated
36:
Tokelau currently recognises itself as a part of New
Zealand under the Tokelau Act 1948. Because of this, Tokelau has a limited international legal personality. In regards to international treaties, ratification is done by the New Zealand Government who extends their authority to include Tokelau by
167:
New
Zealand’s National Report for the Universal Periodic Review provides a section on Tokelau which states that statistical information in regards to the health levels of Tokelauan’s is unavailable making it difficult to understand the status of health issues such as obesity and disease rates. The
183:
Due to Tokelau being a New Zealand territory and not an independent, it was unable to take advantage of the Pacific Adaption to Climate Change (PACC) programme when it was introduced in 2009. In 2011 that Australian Government supplied additional funding allowing for what was known as the PACC+
132:
In the Annex to the National Report of the Universal Periodic Review, it was acknowledged in the section on Tokelau that it is highly challenging to recruit and retain qualified and skilled teachers in the education sector in Tokelau. This is because Tokelau is so isolated from other countries.
102:
Human rights were not mentioned in Tokelauan legislation until the Human Rights Rules 2004. These rules were very basic and are now what is incorporated in the Constitution of Tokelau 2007. Tokelau accepts the principles of the Universal Declaration of Human Rights.
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to year 11. Year 12 and 13 students are offered foundation and transition courses. There is no university in Tokelau, so if students wish to progress to further education, they need to either study via correspondence or relocate to another country such as Samoa.
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53:
118:
61:
145:
under the Universal Declaration of Human Rights is there for the health and well being of individuals and their families. This includes having access to medical care, food, clothing and housing.
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374:
362:
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49:
25:
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404:
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programme that Tokelau was allowed to be a part of. Since 2011, the Tokelau PACC+ project has been progressively working towards more sustainable solutions in regards to
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38:
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57:
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381:
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142:
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87:
83:
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The right to water is recognised under ICESCR which is recognised in the Constitution of Tokelau and also CEDAW, to which Tokelau is a party.
72:
21:
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79:
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236:
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768:
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649:
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682:
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672:
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The right to an education is found in Article 26 of the Universal Declaration of Human Rights and Article 13 of the
712:
692:
566:
188:
and storage to ensure that everyone in Tokelau can continue to have access to what is considered a basic right.
581:
504:
468:
763:
631:
707:
702:
626:
531:
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591:
154:
78:
Tokelau also participates in some regional organisations with New Zealand's support. These include the
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112:
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National Evaluation of Education Provision in Tokelau Conducted by the NZ Government at page 11.
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340:
71:
An example of a treaty that New Zealand has ratified but does not apply to Tokelau is the
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Evaluation of Education Provision in Tokelau Conducted by the NZ Government at page 15.
752:
45:, however there was not enough required support for Tokelau to change its status.
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are all consistent with and set out to satisfy Tokelau's fair trial obligations.
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International Convention on the Elimination of All Forms of Racial Discrimination
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54:
Convention on the Elimination of all forms of Discrimination Against Women
17:
91:
505:
Improving rainwater harvesting infrastructure in Tokelau at page 6.
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Improving rainwater harvesting infrastructure in Tokelau at page 1.
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schools were well resourced in facilities and teaching materials.
322:"International Covenant on Economic, Social and Cultural Rights"
527:
119:
International Covenant on Economic, Social and Cultural Rights
62:
International Covenant on Economic, Social and Cultural Rights
458:
World Health Organization: Tokelau Health Profile at page 11.
90:, the Council of the University of the South Pacific and the
416:
World Health Organization: Tokelau Health Profile at page 5.
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for healthcare the Tokelauan Government provides a subsidy.
50:
International Covenant on Civil and Political Rights
26:
International Covenant on Civil and Political Rights
663:
640:
559:
237:
Section 16(2) of the Constitution of Tokelau, 2007.
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Section 16(1) of the Constitution of Tokelau, 2007.
405:World Health Organization: Tokelau Health Profile.
248:Sections 3-6 of the Constitution of Tokelau, 2007.
516:Annex to the National Report: Tokelau at para 25.
20:, individual human rights are those found in the
539:
8:
282:"A. H. Angelo- The Constitution of Tokelau"
160:to Samoa and in some cases to New Zealand.
137:The right to an adequate standard of living
48:Treaties that apply to Tokelau include the
546:
532:
524:
92:UN Educational and Scientific Organisation
58:United Nations Convention Against Torture
52:(ICCPR), its two optional protocols, the
375:"Annex of the National Report: Tokelau"
218:
143:right to an adequate standard of living
88:Pacific Regional Environment Programme
84:Pacific Islands Forum Fisheries Agency
73:Convention on the Rights of the Child
22:Universal Declaration of Human Rights
16:As prescribed in the Constitution of
7:
80:Secretariat of the Pacific Community
98:Overview of Tokelauan human rights
14:
270:International Treaty Making Guide
259:Section 3 of the Tokelau Act 1948
172:The right to water and sanitation
311:Constitution of Tokelau, s12.4.
572:Federated States of Micronesia
1:
785:
428:"UPR New Zealand: Tokelau"
152:
110:
192:The right to a fair trial
723:Northern Mariana Islands
481:"Tokelau Water Shortage"
769:Human rights in Tokelau
759:Human rights by country
688:Cocos (Keeling) Islands
554:Human rights in Oceania
149:The right to healthcare
207:LGBT rights in Tokelau
107:The right to education
32:International treaties
666:and other territories
341:Education in Tokelau.
155:Healthcare in Tokelau
24:and reflected in the
186:rainwater harvesting
113:Education in Tokelau
746:
745:
738:Wallis and Futuna
683:Clipperton Island
641:Associated states
64:(ICESCR) and the
776:
728:Pitcairn Islands
698:French Polynesia
678:Christmas Island
607:Papua New Guinea
587:Marshall Islands
560:Sovereign states
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483:. Archived from
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764:Law of Tokelau
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718:Norfolk Island
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643:of New Zealand
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153:Main article:
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713:New Caledonia
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693:Easter Island
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487:on 2013-02-16
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56:(CEDAW), the
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664:Dependencies
650:Cook Islands
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489:. Retrieved
485:the original
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442:. Retrieved
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389:. Retrieved
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597:New Zealand
753:Categories
491:2015-04-29
444:2015-04-29
391:2015-04-29
327:2022-03-23
298:2015-04-29
213:References
567:Australia
68:(ICERD).
582:Kiribati
201:See also
733:Tokelau
632:Vanuatu
75:(CRC).
41:and in
18:Tokelau
708:Hawaii
627:Tuvalu
86:, the
82:, the
60:, the
622:Tonga
612:Samoa
602:Palau
592:Nauru
438:(PDF)
431:(PDF)
385:(PDF)
378:(PDF)
292:(PDF)
285:(PDF)
703:Guam
655:Niue
577:Fiji
141:The
43:2007
39:2006
755::
94:.
547:e
540:t
533:v
494:.
447:.
394:.
330:.
301:.
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