Section 1 - Introduction - Addressing sexual orientation and sex and/or gender identity discrimination: Consultation Report (2011)
Addressing sexual orientation
and sex and/or
gender identity
discrimination
Consultation Report
2011
Section 1 - Introduction
In October 2010, the Australian Human Rights Commission (the Commission)
launched a consultation regarding the human rights of lesbian, gay, bisexual,
trans and intersex (LGBTI) people in Australia. This consultation process sought
views from affected individuals and organisations about the steps that they felt
would provide better human rights protection for LGBTI people in Australia. The
consultation focussed on the experience of discrimination on the basis of sexual
orientation and sex and/or gender identity and how protection from this kind of
discrimination could be included in federal law.
This report summarises the broad range of views heard during the
consultation.
The majority of consultation participants identified a need for greater
protection from discrimination because of the high levels of discrimination,
violence, harassment and bullying faced by LGBTI people. Unlike in state and
territory laws, there is little protection in federal law from discrimination on
the basis of sexual orientation and gender identity.
Some of the key issues identified by participants included the:
- importance of using appropriate, inclusive and empowering terminology
- benefits of having consistent and uniform laws across Australia
- benefits of having federal discrimination laws that would bind Commonwealth
agencies
- importance of including gender identity and gender expression as protected
grounds of discrimination
- need for government action in other areas such as health care, education,
marriage equality, as well as reform of the requirements for changing a
person’s legal sex.
Some participants expressed opposition to
federal protection from discrimination on the basis of sexual orientation and
sex and/or gender identity or argued for exemptions from such protections in
order to protect the right to freedom of religion and belief and the right to
freedom of expression.
This consultation report aims to inform and assist the implementation of
elements of the Human Rights Framework, announced in April
2010.[1] The Human Rights Framework
includes commitments to:
- develop exposure draft legislation harmonising and consolidating
Commonwealth anti-discrimination laws (discrimination law review) and
- develop a new National Action Plan on Human Rights to outline future action
for the promotion and protection of human rights.
The implementation
of the Human Rights Framework provides a timely opportunity to consider steps
that might be taken to protect and promote the human rights of people of all
sexual orientations and sex and/or gender identities.
Importantly, in 2010 both of the major political parties affirmed their
support for the inclusion of protection from discrimination on the basis of
sexual orientation and gender identity in federal
law.[2] The Australian Government
reaffirmed its commitment to implementing this policy in its recent appearance
before the United Nations Human Rights Council’s Universal Periodic
Review.[3]
The Commission is pleased to provide this consultation report to assist the
Government in its consideration of how these protections might be included in
federal law, and of other steps it might take to protect and promote the human
rights of people of all sexual orientations and sex and/or gender identities.
The Asia Pacific Forum of National Human Rights Institutions (APF)
contributed to funding this project as part of its program to promote the
implementation of the Yogyakarta Principles. The Commission thanks the APF for
its financial support, which has enabled us to conduct this consultation.
[1] Commonwealth of Australia, Australian Human Rights Framework (2010). At: http://ag.gov.au/humanrightsframework (viewed 25 March 2011).
[2] See
Australian Labor Party, National Platform and Constitution 2009, p 207;
‘Abbott supports anti-discrimination legislation’, Star
Observer, 25 March 2010; and Coalition response in Law Council of Australia, Federal Election 2010 Key Issues: Responses (2010); as cited in Law
Council of Australia, Comment 132, pp
13-14.
[3] Human Rights Council, Draft report of the Working Group on the Universal Periodic Review: Australia,10th session (2011), Geneva, A/HRC/WG.6/10/L.8, pp 6-7. At: http://www.ohchr.org/EN/HRBodies/UPR/PAGES/AUSession10.aspx (viewed 25 March 2011).
