Sexual orientation and sex and/or gender identity discrimination

Contents

• Foreword
• 1 Introduction
• 2 The consultation methodology
• 3 A note on terminology
• 4 Human rights and discrimination on the basis of sexual orientation or gender identity
• 5 Stories of discrimination, vilification and harassment
• 6 The potential benefit of federal laws protecting from discrimination and harassment on the basis of sexual orientation and sex and/or gender identity
• 7 Protection from discrimination on the basis of sexual orientation
• 8 Protection from discrimination on the basis of sex and/or gender identity
• 9 Protection from vilification and harassment on the basis of sexual orientation and sex and/or gender identity
• 10 Exemptions
• 11 What did the consultation hear about special measures?
• 12 Other actions that could be taken by the Australian Government to protect LGBTI people in Australia
• 13 Conclusion
• Appendix 1: List of participants
• Appendix 2: Definitions in state and territory laws

Foreword

In October 2010, the Australian Human Rights Commission commenced a public consultation to canvas the experiences and views of people who may have been discriminated against on the basis of their sexual orientation or sex and/or gender identity. The task was a listening exercise, and a lot needed to be said.

Equality and freedom from discrimination are fundamental human rights belonging to all people. Yet the voices of those who participated in our consultation revealed that many people continue to be denied equality and freedom from discrimination based on their sexual orientation or gender identity.

Participants revealed personal stories of discrimination, vilification and harassment that provide compelling evidence of the need for change. They also presented evidence of the negative impact discrimination has had on their health and wellbeing.

The experiences of discrimination shared during the consultation were nothing new. The Commission has previously reported on the stigmatisation and discrimination faced by lesbian, gay, bisexual, trans and intersex people in the Same-Sex: Same Entitlements (2007) and Sex Files: The legal recognition of sex in documents and government records (2009).

Although the work of the Commission in this area was recognised throughout the consultation, many participants expressed disappointment that government has not yet acted upon many of the recommendations made in Sex Files. Many trans and intersex people continue to face substantial difficulties in obtaining legal recognition of their sex. We commend the Australian Government for the initial steps that have been taken to respond to the Commission’s recommendations regarding the process for changing legal sex. Significant further changes are required in this area.

Just as heterosexual people are not a homogenous group, neither are lesbian, gay, bisexual, trans and intersex people. The consultation revealed that different challenges are faced by lesbian, gay and bisexual people on the one hand, and trans and intersex people on the other. It is important when addressing discrimination that these different experiences are acknowledged. This report aims to capture the diverse range of views expressed by participants in the consultation.

People of all sexual orientations and gender identities deserve to be treated with respect and equality. Diversity is, after all, what makes a society vibrant. The overwhelming message from this consultation has been that people who experience discrimination on the basis of sexual orientation or sex and/or gender identity simply want to enjoy the same rights as others in the community; rights that so many of us take for granted. I hope that this report will inform the on-going process of strengthening human rights protections for everyone in our community, regardless of their sexual orientation or sex and/or gender identity.

The Hon Catherine Branson QC,

President, Australian Human Rights Commission