224. The length of paid parental leave in Australia (18 weeks) also contributes
to low breastfeeding rates, as women find it difficult to maintain exclusive
breastfeeding once they return to the workforce.193
(f)
Medical interventions for intersex children
225. There is domestic and international concern relating to involuntary
surgery on infants born with variations in sex characteristics.194
226. The Commission is currently conducting a research project to better
understand these concerns and will develop recommendations for a
nationally consistent human-rights based approach to decision making
about medical interventions.
227. The Commission is working towards releasing the final report and
recommendations in the first half of 2019. The Australian Government has
emphasised the responsibility of state and territory governments in this
area and has not committed to the implementation of particular reform.195
(g)
Access to appropriate medical care for transgender and gender diverse
children and young people
228. Australian transgender and gender diverse children can now access Stage
2 medical treatment without requiring court authorisation, due to a
landmark ruling in Re Kelvin.196
229. The decision in Re Kelvin brings Australia into conformity with
recommendations made by the UN Human Rights Committee, which had
previously suggested Australia ‘consider ways to expedite access to stage
two hormonal treatment for gender dysphoria, including by removing the
need for court authorisation’.197
230. However, the removal of the need for court authorisation does not extend
to children in the out-of-home care or juvenile justice systems. These
children are still required to obtain court authorisation to commence
treatment.198
231. This is also the case if there is a dispute about whether treatment should
be given to a child. In these cases, the Family Court still has jurisdiction to
hear and determine the dispute. This may include situations where one
parent consents to the procedure but the other parent is opposed. 199
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