Lesbian, gay, bisexual, trans, intersex, queer and asexual equality
Find out how the Commission plays a crucial role in promoting lesbian, gay, bisexual, trans, and intersex (LGBTI) equality and addressing discrimination.
Summary
Equal rights for all
Although there isn’t a specific international human rights treaty focused solely on sexuality and gender rights, LGBTIQA+ people are entitled to the same human rights as everyone else. These include the core rights to be treated equally and without discrimination.
These protections are included in several major international human rights treaties:
- International Covenant on Civil and Political Rights (ICCPR).
- International Covenant on Economic, Social and Cultural Rights (ICESCR).
- Convention on the Rights of the Child (CRC).
- International Convention on the Elimination of All Forms of Racial Discrimination (CERD).
- Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).
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A note about language
The Commission respects diversity of all kinds. We acknowledge the significance of terminology and that using inappropriate or outdated language can be disempowering.
We also acknowledge that language is constantly evolving, that definitions and meanings in this space have changed over time and continue to change, and that meanings and terminology vary in languages other than English.
The Commission understands that LGBTIQA+ is an umbrella term, and that the communities and people within it are not homogeneous, but have distinct experiences and needs, as well as different histories of collective identity and organisation. We know that sexuality, gender and sex characteristics are only aspects of a person's experience.
The Commission is also mindful that the collective term LGBTIQA+ is used in recognition of common experiences of legal and social marginalisation because of dominant social norms around sex characteristics, gender and sexuality.
For this reason and because it is internationally recognised, the Commission uses the acronym ‘LGBTIQA+' which stands for Lesbian, Gay, Bisexual, Trans, Intersex, Queer and Asexual, with the plus symbol to allow for the many different terms used to describe identity beyond LGBTIQA.
The Commission also recognises that some of the definitions and terminology used in our previous work is outdated and not reflective of current understandings of LGBTIQA+ identities and experiences.
Significant concerns facing LGBTIQA+ people
There are a number of ever-evolving significant issues facing the LGBTIQA+ community.
These include:
- There are no specific human rights protections in federal law, including protection from discrimination on the basis of sexual orientation.
- General homophobia and other adverse feelings towards lesbian, gay and bisexual people in the community can lead to discrimination and harassment.
- The rights of children raised in same-sex families. Protecting the best interests of a child is one of the most important principles of international law, particularly the Convention on the Rights of the Child. Children should not be discriminated against on the basis of their parents’ sexuality.
- Access to health services. The right to ‘the enjoyment of the highest attainable standard of physical and mental health’ is a fundamental human right recognised in Article 12 of the ICESCR. Members of the LGB community who face discrimination when accessing health services are denied their fundamental human rights. Discrimination on the basis of HIV status and the ability of HIV positive people to access and obtain adequate health care is also significant. For more information on health issues facing the LGBTQIA+ community, visit the National LGBTIQ+ Health Australia webpage.
- Access to aged care. Elderly LGBT+ people also face difficulty accessing aged care and receiving equal treatment in the provision of aged care services.
International Covenant on Civil and Political Rights
The following outlines how international human rights law protects LGBTIQA+ people through key principles and treaties.
For example, Article 2 of the ICCPR sets out the principle of non-discrimination:
Each State Party to the present Covenant undertakes to respect and ensure to all individuals within its territory and subject to its jurisdiction the rights recognised in the present Covenant, without distinction of any kind such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
Article 26 of the ICCPR sets out the principle of equality:
All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
In March 2007, a group of human rights experts developed and adopted what is known as the Yogyakarta Principles. The Yogyakarta Principles confirm that all international human rights laws apply to LGBTI people.
Get more information on the Yogyakarta Principles.
Sexual orientation and human rights
According to the Yogyakarta Principles, sexual orientation or sexuality is understood to:
refer to each person’s capacity for profound emotional, affectional and sexual attraction to, and intimate and sexual relations with, individuals of a different gender or the same gender or more than one gender.
The Commission heard about some of the key issues facing the LGB community during its 2007 inquiry into discrimination against people in same-sex relationships. This report focused on financial and work-related entitlements and benefits, particularly addressing the impact of discrimination in the areas of employment, workers’ compensation, tax, social security, veterans’ entitlements, health care, family law, superannuation, aged care and migration.
Find more information in our Same-Sex: Same Entitlements report.
Sex, gender and human rights
The term ‘sex and/or gender identity’ recognise that a person's experience and expression of their gender is not necessarily linked to the sex they were assigned at birth.
There are various legal, social, medical and scientific opinions and theories about what constitutes sex and what constitutes gender.
Sex is about a person’s physical body. This includes things like their chromosomes, hormones, and reproductive organs. The Commission recognises that some people are born with sex characteristics that are more diverse than stereotypical definitions for male or female bodies.
Gender is part of a person’s personal, cultural and social identity. It refers to a way a person feels and sees themselves, and the differences in identity, expression and experiences as a woman, a man, or as gender diverse. For some people, their gender identity is different to the sex that was recorded at their birth. Some people experience their gender as something other than a woman or a man.
Despite a lack of societal consensus over the exact definitions of sex and gender, gender is an important part of a person’s identity. A person’s experience of their gender shapes how they see themselves and how they fit into society. Every person has the right to have their gender recognised and respected.
At present, the Commission uses the term 'Transgender and Gender Diverse'. During the 2008 Sex Files project, the Commission used the term ‘sex and gender diversity’ to describe this broad group of people. Although the Commission recognises that there is a range of perspectives concerning preferred terminology, the use of these terms was intended to encompass all people with diverse sex and/or gender identities. At present, the Commission uses the term 'transgender and gender diverse' for the same purpose.
There are many ways that people describe their gender, and language in this space is constantly evolving. Some terms that were used during the Commission's consultation in 2008 included agender, androgynous, genderfluid, genderqueer, transgender, transexed, transsexual, and without sex and gender identity. There are also culturally specific terms for some gender identities, such as sistergirl and brotherboy, which are used by some Aboriginal and Torres Strait Islander people.
This project specifically focused on issues concerning legal identity because it was the issue raised most frequently with the Commission.
This there are a number of other significant issues facing transgender and gender diverse people. These include:
- the need for appropriate protection from discrimination
- access to health services and treatment, in particular accessing and receiving hormone therapy, sex affirmation treatment and surgery
- greater public awareness and education.
Find out more about our current work in this area
Intersex status and human rights
Intersex is a term used to describe innate variations of sex characteristics that are more diverse than stereotypical definitions for male or female bodies. Intersex variations can involve physical or biological sex characteristics (such as sexual anatomy, reproductive organs, hormonal patterns and/or chromosomal patterns). For some people these traits are apparent prenatally or at birth, while for others they emerge later in life, often at puberty.
People with intersex variations use a range of different terminology to name their bodies and experiences. Not all people with intersex variations will use the term Intersex to describe themselves or use the word intersex to describe their innate variations of sex characteristics.
Key issues affecting intersex people
People who are intersex face many of the same issues around discrimination and recognition experienced by other LGBTQIA+ people. However, there are a number of key issues specific to people with innate variations of sex characteristics.
These can be broadly categorised into the following areas:
- Support and education for families of children with intersex variations.
- Non-medically necessary surgical intervention on infants with intersex variation.
- A lack of flexibility of medicine and medical protocols.
- Funding and representation for the community.
Downloadable resources
Marriage Equality
Position Paper on Marriage Equality - September 2012
This paper considers how the human rights principle of equality underpins legislative recognition of marriage equality.
Report - Consultation: Protection from discrimination on the basis of sexual orientation and sex and/or gender identity - 2011
A report on a consultation conducted by the AHRC in 2010 to canvas the experiences and views of people who may have been discriminated against on the basis of their sexual orientation and sex and/or gender identity.
It captures the diverse range of views expressed by participants in the consultation about measures that would improve human rights protections for people of all sexual orientations and sex and/or gender identities, including recommendations for protections in Federal Law, which were successfully introduced in 2013.
- Addressing sexual orientation and sex and/or gender identity discrimination (PDF)
- Addressing sexual orientation and sex and/or gender identity discrimination (Word)
Sex and Gender Diversity Project - 2008
In May and June 2008, the Commission sought the views of the sex and gender diverse community about the most pressing human rights issues facing their community.
Sex and gender diversity Issues paper, May 2008 (PDF)
A short issues paper analysing some sex and gender diversity issues and their human rights implications as part of this consultation.
Sex Files: the legal recognition of sex in documents and government records, 2009 (PDF)
Sex Files, the concluding paper of the project, identified some problems with the existing system for recognising sex identity in documents and government records. It made recommendations for changing the system and provided options for implementing the changes.
Training guide - Not Round Here: Affirming Diversity, Challenging Homophobia (2000)
In 2000, the Commission and the Australian Youth Foundation developed a training manual called Not Round Here: Affirming Diversity, Challenging Homophobia. The training manual is designed for use in anti-homophobia training for service providers whose clients and contacts include people who are gay, lesbian, bisexual or transgendered. It is particularly useful for rural service providers and includes training modules with a specific rural perspective.
Not Round Here: Affirming Diversity, Challenging Homophobia (PDF)