Australian Capital Territory
HUMAN RIGHTS OFFICE	

Level 12, 14 Moore St	GPO Box 158
Canberra City	CANBERRA   ACT  2601
	
TTY:   (02) 62070525	Tel:     (02) 62070576
Internet: http://www.hro.act.gov.au	Fax:    (02) 62070587

John von Doussa QC,  President 
Mr Graeme Innes AM, Human Rights Commissioner
Human Rights and Equal Opportunity Commission
GPO Box 5218
Sydney NSW 1042 

Email: samesex@humanrights.gov.au 

Dear Mr von Doussa and Mr Innes

National Inquiry into Discrimination against People in Same Sex Entitlements 

I welcome this National Inquiry and fully support your efforts to improve progress towards equal treatment for women and men in gay and lesbian relationships under Australian law. In my view this is long overdue. I attach for your consideration a copy of the submission that my Office made in August 2005 to the ACT Government’s inquiry into recognition of same sex relationships in the ACT.  This provides detailed comments on the implications of international human rights jurisprudence in this area, and confirms the need for reforms that will deliver full equality and recognition of same-sex relationships.  

I also attach a copy of the recent letter sent by the Australian Council of Human Rights Agencies to the Federal Attorney General to protest the federal Government’s decision to disallow the ACT’s Civil Unions Act 2006. There is no doubt that this move confirmed the second-class status of same sex relationships. I hope that instead some good will can emerge to support a future ACT Civil Unions scheme that survives Federal scrutiny but does not weaken the proposed model.
You are probably aware of the recent report of the Australia Institute examining the prevalence and effects of homophobia in Australia. It describes homophobia as ‘the unreasoning fear or hatred of homosexuals’ and ‘anti-homosexual beliefs and prejudices’, based on the belief that heterosexuality is normal and natural and that homosexuality is unnatural, sick or dangerous. The report suggests that where homophobia appears to be sanctioned by influential voices in the community, discrimination and various forms of oppression, including physical violence, flourish.  That is why the present stand of the Federal Government is so damaging. I am concerned that piecemeal reform of financial and work-related entitlements, although welcome, is an inadequate response to the challenge of continuing entrenched prejudice and discrimination against gay and lesbian people.  
In 2003 a report commissioned by the NSW Attorney General’s Department showed continuing high levels of violence against gay men and lesbians, finding that during their lifetime 85% of gay men and lesbians experienced harassment or violence, and that one in four gay men and lesbians had been physically attacked sometime in their life.   
A large-scale survey on the health and wellbeing of gay and lesbian Australians was published in March 2006 by the Australian Research Centre in Sex, Health & Society at La Trobe University. It found that “overall, 67.3% of participants indicated that fear of prejudice or discrimination caused them at least sometimes to modify their daily activities” and that “this pattern of modifying behaviour for fear of discrimination or prejudice would seem well-grounded, given the experiences of harassment, discrimination and violence reported by the participants.”  The survey also found high levels of depression and suicidal thoughts among participants. The report notes the need to counter homophobic abuse and concludes that “the single most important contribution to improved health and wellbeing in GLBTI people is likely to be increased legitimation and acceptance of their lives, their relationships and of the positive contribution they make to society. Legislative reform to remove discrimination and stigmatisation clearly has a large contribution to make.” 
I understand that you may be undertaking further community consultations as part of your Inquiry and I would be very please to co-operate with your office in organising a community forum on these issues in the ACT.  Please contact Jenny Earle in this Office to discuss arrangements. 
Best wishes

Dr Helen Watchirs
ACT Human Rights and Discrimination Commissioner
16 June 2006