Baby's death spurs call for rights review

A contentious verdict clearing a Nelson man of killing his baby daughter has prompted a high-level review of the rights of disabled children.

Commissioner for Children Cindy Kiro yesterday confirmed that she would launch a probe into the impact of legal decisions on the rights of children and disabled people.

The Nelson man, who admitted suffocating his severely brain-damaged daughter, was last week found not guilty of her murder or manslaughter by a jury. The baby had just been diagnosed with lissencephaly, a condition which meant her brain would not develop past that of a 13-week-old foetus.

The verdict has been met with both relief and alarm by the community, advocacy groups and politicians.

Dr Kiro said it had crystallised growing concerns about the rights of children and disabled people.

The terms of reference for the review were not yet clear but it would stretch beyond the Nelson case to look at the impact of legal decisions on the rights of children and the disabled.

It would also consider the precedent-setting potential of the Nelson verdict.

"This court decision, which I think I have to say was unexpected by everybody, has prompted me to think there's something I need to do," Dr Kiro said.

"It wasn't a verdict I expected. Don't get me wrong, I don't think locking this person up would have been justified, but who is responsible for the killing of this baby?"

Dr Kiro said a study, set to be released early next year, had found the rights of children and disabled people were significantly less than those of other New Zealanders.

She has been involved in talks with the Human Rights Commission and disability support groups in an effort to address those concerns.

Dr Kiro said the outcome of the case had brought those issues to a head, and she decided the matter needed to be investigated further.

A complaint has been laid with the Health and Disability Commissioner over the way Christchurch Hospital staff delivered the tragic news of the baby's condition.

It is understood the complaint was laid by an extended family member who was concerned that the news was relayed in a busy public area, and no follow-up support was offered.

The Canterbury District Health Board was co-operating and the hospital plans its own review.

Minister for Disability Issues Ruth Dyson said yesterday that she could not comment on legal aspects of the case, but wanted to see the outcome of the hospital review.

Despite the concerns of some groups, the verdict has been supported by others in the community.

Christchurch man Neil Blunden has spoken out in support of the Nelson father.

Mr Blunden has twice lived through the torment of losing a disabled child. He admitted at times he wished he could end the suffering, and said no one could judge the actions of another person until they had been through it.

Mr Blunden's first child, born in 1979, lived just seven days. In 1981, a healthy second child was born, but that delivery was followed later by the birth of Eloise, who suffered a congenital condition in which the brain is not fully developed.

"She lived to the age of 14. She was in the public hospital, where she died the most horrific death. She died without dignity."

- NZPA