with variations in sex characteristics in the context of medical interventions
to modify these characteristics.243 The recommendations are designed
around human rights principles, including protecting bodily integrity and
children’s agency. The report also focuses on the need for new legislative
protections, guidance and oversight processes when there is consideration
of medical interventions for people under the age of 18 years born with
variations in sex characteristics.
153. The Victorian Royal Commission into Family Violence referred to research
suggesting intimate partner violence is as prevalent in LGBTIQ+
communities as it is in the general population. 244 Transgender and intersex
people are at particular risk of violence, including from parents.245 The
Australian Institute of Family Studies has also ‘significant levels’ of sexual
harassment and sexual violence experienced by LGBTIQ+ people. 246
LGBTIQ+ people also experience high rates of verbal abuse, physical assault
and harassment, including bullying in schools. 247 The Commission notes the
need for governments to invest in specialised and inclusive services
designed to address the needs of LGBTIQ+ people in relation to family and
domestic violence.
154. LGBTIQ+ people, particularly transgender and intersex people, are
generally not adequately accommodated by the prison system. The
Association for the Prevention of Torture has stated that LGBTIQ+ people in
detention ‘are in a situation of particular vulnerability, at risk of human
rights violations and abuses – including by fellow detainees – throughout the
entire criminal justice system’.248 The Commission found in 2015 that while
transgender guidelines do exist, they are ‘inconsistent and often left to the
discretion of managers’.249 The Commission recommended ‘all states and
territories to develop and implement policies on the placement of trans and
gender diverse prisoners in correctional services and for access to hormone
therapy to be based on medically-identified need, not discretion’.250 The
Commission acknowledges the complexity of the issues surrounding the
placement of trans and gender diverse people in custodial contexts.
Placement policies and procedures must be developed consistently with
human rights principles, and to ensure that the safety and welfare of all
people in detention is protected.
155. The Commission is concerned that, in NSW and Queensland, people must
undergo surgical or medical treatment to change the legal record of their
sex.251 All other Australian jurisdictions have now removed that
requirement.
Recommendation 42: Governments implement the recommendations of
the Commission’s report, A human rights-based approach for people born
with variations in sex characteristics.
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