Recommendation 31

Human rights by their nature are universal—they are inherent in the human condition and not dependent on good conduct. Any efforts to categorise certain Legislative Scrutiny: Bill of Rights Bill 115 groups of people as being less deserving of human rights protection is contrary to the very concept of human rights. Directly legislating for previous conduct to be taken into account when awarding damages encourages the courts to make judgments on whether a victim deserves an effective remedy for a violation of their rights. Clause 18(5)(a) poses a risk to the universal nature of human rights and should be removed from the Bill (see Annex, Amendment 14 and 15).