Infant Feeding Bill
International Human Rights Context
This Bill seeks to address the area of adequate protections for breastfeeding.
But do we need a law telling women that they are allowed to breastfeed in public? I think not.
As far as I am concerned you shouldn't need a law telling you that you are allowed to do something, the assumption should be that it is legal unless the law says that it is not
It is perfectly possible to feed a baby discretely in public, the choice whether to or not is very much dependant on how confident the mother is with the whole process. While I am completely in support of women who want to breastfeed in public I can't help but feel that this is rather unnecessary legislation.
The human rights associated with breastfeeding include the right to food and the right to health, women’s rights, children’s rights and issues of privacy and family responsibilities.
In addition to the international human rights instruments listed above, there are a range of international declarations, statements and initiatives that further help to give meaning to these rights.
Infants and young children who are breastfed have better health outcomes than those who are not.
Under the provisions of the Bill the Minister of Labour must require a code of employment practice to be developed for approval in accordance with section 100A of the Employment Relations Act 2000 that provides guidelines on arrangements to facilitate breast feeding in the workplace.
When this becomes law employers will be under an obligation to both listen and to provide facilities for infants to be breast fed.
Infant Feeding Bill
Member's Bill
Explanatory Note
This Bill seeks to protect a child's right to be breastfed, by protecting a mother's right to breastfeed, should she desire to do so.
The Bill does not seek to limit a woman’s choice whether or not she wishes to breastfeed her child.
Background
International Human Rights Context
The human rights associated with breastfeeding include the right to food and the right to health, women's rights, children’s rights and issues of privacy and family responsibilities.
The human right to food and nutrition, including breast-milk, is well established in international human rights principles and law. The Universal Declaration of Human Rights (Art. 25(1)), the International Covenant on Economic, Social and Cultural Rights (Art. 11), and the International Covenant on Civil and Political Rights assert the rights to adequate standards of living, to food, life, survival, and development. The Convention on the Elimination of all Forms of Discrimination against Women (CEDAW) (Art. 11 & 12) protects women from discrimination because of the responsibilities of motherhood. Most explicitly, the Convention on the Rights of the Child (CRC) sets out the rights of children to proper nutrition and health care, while highlighting the importance of their parents’ education on "basic knowledge of child health and nutrition [and] the advantages of breastfeeding" (Art. 24).
In addition to the international human rights instruments listed above, there are a range of international declarations, statements and initiatives that further help to give meaning to these rights. These include the so-called Innocenti Declaration, the Quezon City Declaration and the World Health Organisation's Global Strategy on Infant and Young Child Feeding.
Health Benefits of Breastfeeding
Infants and young children who are breastfed have better health outcomes than those who are not. Short and medium-term health benefits to infants and young children who are breastfed include reduced incidences of:
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gastrointestinal tract infections;
- respiratory tract infections;
- necrotising enterocolitis; and
- otitis media (glue ear).
Medical literature reveals that the benefits of having been breastfed as an infant last not only during childhood, but also into adult life. Long-term health benefits for infants and young children who are breastfed include reduced risk of:
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eczema;
- digestive diseases;
- lymphoma;
- heart disease and high blood pressure;
- obesity; and
- type - 2 diabetes.
The World Health Organisation (WHO) recommends exclusive breastfeeding (no other food or drink) for infants up to six months of age and complementary breastfeeding (with the introduction of other food and drinks) for children for up to 2 years of age and upwards.
Protection, Promotion and Support of Breastfeeding in New Zealand
Building on the Innocenti Declaration on the Protection, Promotion and Support of Breastfeeding (1990), in 2003 the WHO signalled an emerging policy framework for breastfeeding around the areas of protection, promotion and support.
One aspect of protection is provided for by the WHO in the International Code on the Marketing of Breastmilk Substitutes. In New Zealand this is currently covered by the Australia New Zealand Food Standards Code. The Code provides a joint set of food labelling and composition standards for New Zealand and Australia. It is implemented by the New Zealand Food Safety Authority. The Code provides extensive advertising, labelling and composition requirements for infant formula.
The Ministry of Health is currently leading two key education initiatives that promote breastfeeding in New Zealand:
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The Baby Friendly Hospital Initiative (BFHI) promotes breastfeeding by increasing the awareness and understanding of the benefits of breastfeeding amongst health workers in hospital settings. This, in turn, has the aim of increasing new mothers’ awareness and understanding of the benefits of breastfeeding. Many hospitals have now achieved BFHI accreditation status based on the international "Ten Steps to Successful Breast-Feeding".
- The Healthy Eating-Healthy Action (HEHA) plan includes the promotion of breastfeeding to New Zealand women and their families.
There are also several Government initiatives which support breastfeeding in New Zealand:
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The introduction of the Paid Parental Leave scheme in 2001 has decreased the financial pressure on women to return to work soon after giving birth. Early return to work is one of the key indicators of early weaning.
- The Ministry of Health, through District Health Boards (DHBs), funds lactation consultants in some regions.
- The Ministry of Health has recently set-up the National Breastfeeding Committee, which provides technical support and leadership in the area of lactation support.
This Bill seeks to address the area of adequate protections for breastfeeding.
Key Measures
This Bill protects breastfeeding in two ways:
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First, it amends the Human Rights Act 1993 to make it unlawful to prevent or stop a woman breastfeeding an infant or child in a public place.
- Second, it requires a code of employment practice to be developed to set guidelines for arrangements that facilitate breastfeeding in the workplace.
Steve Chadwick
Infant Feeding Bill
Member’s Bill
Contents
__________________________
The Parliament of New Zealand enacts as follows:
1 Title
This Act is the Infant Feeding Act 2007.
2 Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3 Purpose
The purpose of this Act is to promote and protect infant feeding through breastfeeding by—
(a) including breastfeeding in the prohibited grounds of discrimination in section 21(1) of the Human Rights Act 1993 and, consequentially, section 105 of the Employment Relations Act 2000, to provide specific protection for breastfeeding women; and
(b) requiring a code of employment practice to provide guidelines on arrangements to facilitate breastfeeding in the workplace to be established.
Part 1
Human Rights Act 1993
4 Principal Act amended
This Part amends the Human Rights Act 1993.
5 Prohibited grounds of discrimination
Section 21(1)(a) is amended by omitting "and childbirth" and substituting ", childbirth, and breastfeeding."
6 Exceptions in relation to access by the public to places, vehicles, and facilities
Section 43 is amended by adding the following subsection:
Section 42 does not apply in respect of a breastfeeding woman if, at the material time, the child is not lawfully permitted to be in the place, vehicle or facility."
7 Measures relating to pregnancy, childbirth, or family responsibilities
Section 74 of the Human Rights Act 1993 is amended by –
(1) inserting "breastfeeding," in the title after "childbirth"; and
(2) omitting in paragraph (a) "or childbirth" and substituting ", childbirth, or breastfeeding".
Part 2
Employment Relations Act 2000
8 Code of employment practice regarding breastfeeding in the workplace
(1) The Minister of Labour must require a code of employment practice to be developed for approval in accordance with section 100A of the Employment Relations Act 2000, that provides guidelines on arrangements to facilitate breast feeding in the workplace.
(2) The code of employment practice must be required to be developed within 30 days of the entry into force of this Act.
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