Australian Human Rights Commission
Report title October 2022
problems with Australia’s initial vaccine rollout which involved lengthy
delays.234
149. Large numbers of aged care staff tested positive to COVID-19 or were
deemed to be close contacts, resulting in significant staff shortages. This led
to ‘in some instances, aged-care residents faced deplorable conditions, with
some left without food, water, or help showering and toileting’.235 The
Senate Select Committee on COVID 19 found that ‘the crisis in aged care was
entirely predictable and – to a large extent – avoidable’,236 noting key,
unimplemented, Royal Commission recommendations to address staffing
issues and improve aged-care capacity.237 This highlights the importance of
strengthening Australia’s aged care regime, including by implementing
outstanding recommendations without delay.
Recommendation 41: Government implement recommendations of the
Australian Law Reform Commission’s report, Elder Abuse—A National Legal
Response and the recommendations of the Royal Commission into Aged
Care and Quality Safety.
11
Sexual orientation, gender identity and
intersex issues
Relevant provisions of the CAT: Articles 2 and 16.
150. The Commission is concerned about involuntary surgery on people born
with variations in sex characteristics, especially infants.238 The 2019
concluding observations of the Committee on the Rights of the Child called
for the Australian Government to ‘enact legislation explicitly prohibiting
coerced sterilisation or unnecessary medical or surgical treatment,
guaranteeing bodily integrity and autonomy to intersex children as well as
adequate support and counselling to families of intersex children’.239 In
2017, the UN Human Rights Committee also made comments on the issue
when considering Australia’s obligations under the ICCPR.240
151. The Commission notes that the Senate Community Affairs Committee
conducted an inquiry into the involuntary or coerced sterilisation of intersex
people in Australia in 2013.241 The Government responded to the
recommendations of that inquiry in 2015. 242 Many of the recommendations
were not implemented; particularly at the state and territory level.
152. The Commission’s own 2021 report, A human rights-based approach for
people born with variations in sex characteristics, makes recommendations for
how Australia should protect and promote the human rights of people born
37