Promoting and Protecting Human Rights in relation to Sexual Orientation, Gender Identity and Sex Characteristics A Manual for National Human Rights Institutions Both the Australian Human Rights Commission and the New Zealand Human Rights Commission have undertaken inquiries into legal gender recognition and recommended changes to existing provisions to better reflect international human rights standards for gender recognition. In Australia, this includes recommending that a self-identifying legal declaration, such as a statutory declaration, is sufficient proof to change a person’s gender on government records and identity documents. In both countries, this work has influenced policy changes that introduced, or widened access to, third gender options on official identity documents.224 Both NHRIs have also supported or intervened in cases before the courts to clarify access to legal gender recognition for transgender people.225 Photo by Rebecca Swan. 60 224 In response to the Australian Human Rights Commission’s work on legal gender recognition, the Australian Government implemented Guidelines on the Recognition of Sex and Gender which clarified evidence requirements for changing sex details to male, female or a third non-binary option: www.ag.gov.au/Publications/Pages/AustralianGovernmentGuidelinesontheRecognitionofSexandGender. aspx. In response to recommendations from the New Zealand Human Rights Commission’s Inquiry into Discrimination experienced by Transgender People, New Zealand passport and driver licence policies were revised to enable people to choose between a male, female or non-binary ‘X’ option on those documents through a simple statutory declaration process. 225 In AB v Western Australia, the Australian Human Rights Commission was granted leave to intervene in High Court proceedings when two transgender men who had undergone chest reconstruction and hormone treatment, but not surgery to their reproductive organs or genitals, applied for gender recognition certificates. The Commission’s submission cited the right to recognition as a person before the law under articles 16 and 17 of the ICCPR, as understood by the Yogyakarta Principles. The New Zealand Human Rights Commission supported the extension of access to gender recognition for New Zealand citizens and permanent residents born overseas. Subsequently this was enacted as an amendment to the Births, Deaths, Marriages and Relationships Registration Act 1995.