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Addressing sexual orientation

and sex and/or

gender identity

discrimination

Consultation Report

2011

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Section 3 - A note on

terminology

The Commission recognises that terminology can have a profound impact on a

person’s identity, self-worth and inherent dignity. The use of inclusive

and acceptable terminology empowers individuals and enables visibility of

important issues.

The Commission supports the right of people to identify their sexual

orientation and sex and/or gender as they choose. The Commission also recognises

that terminology is strongly contested, particularly terminology to describe sex

and/or gender identity. The consultation revealed that there is no clear

consensus on what is appropriate terminology in this area.

Some of the terminology used in this report is explained below:

LGBTI: An internationally recognised acronym which is used to describe

lesbian, gay, bisexual, trans and intersex people collectively. Many sub-groups

form part of the larger LGBTI movement.

Sexual orientation: The term ‘sexual orientation’ refers

to a person’s emotional or sexual attraction to another person, including,

amongst others, the following identities: heterosexual, gay, lesbian, bisexual,

pansexual, asexual or same-sex attracted.

Sex: The term ‘sex’ refers to a person’s biological

characteristics. A person’s sex is usually described as being male or

female. Some people may not be exclusively male or female (the term

‘intersex’ is explained below). Some people identify as neither male

nor female.

Gender: The term ‘gender’ refers to the way in which a

person indentifies or expresses their masculine or feminine characteristics.

Gender is generally understood as a social and cultural construction. A

person’s gender identity or gender expression is not always exclusively

male or female and may or may not correspond to their sex.

Gender identity: The term ‘gender identity’ refers to a

person’s deeply held internal and individual sense of gender.

Gender expression: The term ‘gender expression’ refers to

the way in which a person externally expresses their gender or how they are

perceived by others.

Intersex: The term ‘intersex’ refers to people who have

genetic, hormonal or physical characteristics that are not exclusively

‘male’ or ‘female’. A person who is intersex may

identify as male, female, intersex or as being of indeterminate sex.

Trans: The term ‘trans’ is a general term for a person

whose gender identity is different to their sex at birth. A trans person may

take steps to live permanently in their nominated sex with or without medical

treatment.

The Commission acknowledges that some participants expressed concern about

the appropriateness of some of the terms outlined above, including LGBTI as an

umbrella term and ‘gender identity’.

At times, this report refers to the broader LGBTI movement where it was

mentioned by participants or if necessary to describe people affected by

discrimination on the basis of sexual orientation or sex and/or gender

identity.

This report uses the phrase ‘gender identity’ in two specific

contexts. First, international human rights discourse often uses the phrase

gender identity. Second, many state and territory laws use a variation of this

phrase. As a result, the phrase ‘gender identity’ is used when

referring to international human rights agreements or state and territory laws.

This report also frequently uses the phrase ‘sex and/or gender

identity’. This term is used to refer to the whole spectrum of sex and/or

gender in our community. It aims to include all people regardless of whether

they identify within or outside of the binary gender

framework.^[8]

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^[8] Sheila Quinn, ARC International and International Commission of Jurists, An

Activists Guide to the Yogyakarta Principles on the Application of International

Human Rights Law in Relation to Sexual Orientation and Gender Identity (2010). At: http://www.ypinaction.org/content/activists_guide (viewed 25 March 2011).