Australian Human Rights Commission Submission to the UN Human Rights Committee, 18 September 2017 69. The Commission notes the Committee’s recent decision, G v Australia, in which it found that Australia, by refusing to allow a transgender married person to have a birth certificate consistent with their sex unless they get a divorce, violated articles 17 and 26 of the ICCPR.75 Recommendation 24: That the Australian Government, through the Council of Australian Governments, encourage the removal of surgery and marital status requirements in births, deaths and marriages registration legislation. Involuntary medical interventions (ICCPR articles 7 & 26) 70. The Commission is concerned that children born with intersex variations remain subject to medically unnecessary medical interventions in circumstances where they are unable to provide full and informed consent.76 71. The Commission notes the recommendations of the 2013 Senate Community Affairs Committee inquiry into the involuntary or coerced sterilisation of intersex people.77 Recommendation 25: That the Australian Government implement the recommendations of the 2013 Senate Community Affairs Committee inquiry into the involuntary or coerced sterilisation of intersex people. Marriage equality (ICCPR articles 2 & 26) 72. The Marriage Act 1961 (Cth) (the Marriage Act) defines marriage as the union of a man and a woman to the exclusion of all others.78 The Commission considers that civil marriage should be available, without discrimination, to all couples, regardless of sex or SOGII status, on the basis of the fundamental human rights principles of equality and non-discrimination.79 73. The Marriage Act currently allows ministers of religion to refuse to solemnise a marriage.80 The Commission considers that if the Marriage Act is amended to permit two people to marry, ministers of religion should be able refuse to solemnise a marriage in accordance with the doctrines, tenets and beliefs of their religious organisation.81 74. Human rights reform should take place in accordance with ordinary legislative processes. The Commission considers that the Government’s voluntary, nonbinding postal survey on the issue of marriage equality,82 is not an appropriate mechanism to resolve an issue of fundamental human rights.83 75. The Commission notes the Committee’s recent decision, C v Australia, in which it found that Australia's denial of access to divorce proceedings to a same-sex couple who married overseas violated article 26 of the ICCPR.84 Recommendation 26: That the Australian Government legislate to enable two people to marry, irrespective of sex, sexual orientation, gender identity or intersex status, while enabling a minister of religion to refuse 17