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 39

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