Australian Human Rights Commission Submission to the UN Committee on Economic, Social and Cultural Rights, 8 May 2017 inquiry into the involuntary or coerced sterilisation of intersex people in Australia27 have not been implemented; particularly at the state and territory level. 49. 7.3 Recommendation: That the recommendations of the 2013 Senate Community Affairs Committee inquiry into the involuntary or coerced sterilisation of intersex people be implemented. Gender identity 50. The Commission remains concerned that in all Australian states and territories, with the exception of the Australian Capital Territory (ACT), people must undergo surgical or medical treatment to change the legal record of their sex. They must also be unmarried.28 In the ACT people must provide a declaration from a psychologist or doctor that they have received ‘appropriate clinical treatment for the alteration’.29 51. Recommendation: That the Australian Government, through the COAG process, encourage state and territory governments to remove the surgery and marital status requirements in births, deaths and marriages registration legislation. 8 Older persons 8.1 Elder abuse (ICESCR Articles 2) 52. Elder abuse is a fundamental human rights issue faced by many older people and is presenting a range of complex challenges for the Australian community. 53. At present, there is no national prevalence data on the issue, although there is growing community awareness of elder abuse and the need for coordinated action. In recent years elder abuse has been the subject of investigation by the Queensland,30 and New South Wales31 state parliaments and a Victorian Royal Commission into Family Violence.32 54. The Commission notes that in February 2016, the Australian Government, released an Australian Institute of Families Studies (AIFS) report on elder abuse, providing a valuable insight into the nature of abuse in Australia. Building on the AIFS study, the Attorney-General asked the Australian Law Reform Commission (ALRC) to conduct an inquiry into safeguards for older Australians, with the report due by May 2017.33 The Commission is of the view that these initiatives are a first step towards a coordinated national strategy on elder abuse. 55. Recommendation: That the Australian Government develop a national strategy on tackling elder abuse. 10