Australian Human Rights Commission
Submission to the CEDAW Committee – 12 June 2018
7
Australian Government, List of issues and questions in relation to the eighth periodic report of
Australia – Replies of Australia (16 March 2018), paras 5-6. At:
http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CEDAW%2fC%2fA
US%2fQ%2f8%2fAdd.1&Lang=en (viewed 30 May 2018).
8 This was confirmed by the Senate Legal and Constitutional Committee’s 2008 review of the SDA in
2008, which found that while the SDA has had an impact on the most overt forms of sex
discrimination, it has been less successful in addressing systemic discrimination.
See: Parliament of Australia, Senate Standing Committee on Legal and Constitutional Affairs – Report
on the effectiveness of the Sex Discrimination Act 1984 in eliminating discrimination and promoting
gender equality (December 2008) 47. At:
https://www.aph.gov.au/parliamentary_business/committees/senate/legal_and_constitutional_affairs/c
ompleted_inquiries/2008-10/sex_discrim/report/index (viewed 31 May 2018).
9 The Commission, in its submission under the Universal Periodic Review process, recommended that
Australia’s human rights obligations be directly incorporated into Australian law. See: Australian
Human Rights Commission, Submission under the Universal Periodic Review Process: Australia’s
Second Universal Periodic Review (2015), 8. At:
https://www.humanrights.gov.au/submissions/australia-s-second-universal-periodic-review (viewed 31
May 2018).
10 For example, through the adoption of a national human rights Act. See: Dubravka Šimonović,
Report of the Special Rapporteur on violence against women, its causes and consequences on her
mission to Australia, UN Doc A/HRC/38/47/Add.1 (17 April 2018) 90(B). At:
http://www.ohchr.org/EN/HRBodies/HRC/RegularSessions/Session38/Pages/ListReports.aspx
(viewed 31 May 2018).
11 The Commission has noted the need for outstanding recommendations from the 2008 Senate
Inquiry into the effectiveness of the Sex Discrimination Act 1984 (Cth) in eliminating discrimination and
promoting gender to be implemented to strengthen the effectiveness of the Sex Discrimination Act; as
well as the need for other amendments to the Sex Discrimination Act relating to domestic violence.
See Australian Human Rights Commission, Supporting Working Parents: Pregnancy and Return to
Work National Review – Report (2014), p 118. At
https://www.humanrights.gov.au/publications/supporting-working-parents-pregnancy-and-return-worknational-review-report (viewed 31 May 2018); Australian Human Rights Commission, Submission to
the Attorney-General’s Department on Consolidation of Commonwealth Discrimination Law (2011). At
http://www.humanrights.gov.au/consolidation-commonwealth-discrimination-law#Heading689 (viewed
31 May 2018); Australian Human Rights Commission, Supplementary Submission to the AttorneyGeneral’s Department on Consolidation of Commonwealth Discrimination Law – Domestic and Family
Violence (2012). At http://www.humanrights.gov.au/consolidation-commonwealth-discrimination-lawdomestic-and-family-violence (viewed 31 May 2018). A 2008 report reviewed the effectiveness of the
Sex Discrimination Act. Senate Standing Committee on Legal and Constitutional Affairs, Parliament of
Australia, Effectiveness of the Sex Discrimination Act (December 2008). At
http://www.aph.gov.au/binaries/senate/committee/legcon_ctte/sex_discrim/report/report.pdf (viewed
31 May 2018).
12 Australian Human Rights Commission, Submission under the Universal Periodic Review Process:
Australia’s Second Universal Periodic Review (2015), 18. At:
https://www.humanrights.gov.au/submissions/australia-s-second-universal-periodic-review (viewed 31
May 2018).
13 Australian Bureau of Statistics, Personal Safety, Australia, Key Findings 2016 (11 Nov 2017). At:
http://www.abs.gov.au/ausstats/abs@.nsf/mf/4906.0 (viewed 13 May 2018).
Since the age of 15, one in six women have experienced partner violence and one in five women have
experienced sexual violence, and one in two women have experienced sexual harassment during their
lifetime.
The majority of murders of women in Australia can be attributed to family and domestic violence (FDV)
related homicides. In 2016, 42% of murders recorded nationally were FDV-related (95 victims).
Female victims of FDV-related murder accounted for 65% of all female victims of murder recorded
during 2016. See: Australian Bureau of Crime Statistics, Recorded Crime – Victims, Australia 2016 (6
July 2017). At:
http://www.abs.gov.au/ausstats/abs@.nsf/Lookup/by%20Subject/4510.0~2016~Main%20Features~Vi
ctims%20of%20Family%20and%20Domestic%20Violence%20Related%20Offences~6 (viewed 25
May 2018).
16