Australian Human Rights Commission
Submission to the UN Human Rights Committee, 18 September 2017
65
Senate Standing Committee on Community Affairs, Parliament of Australia, Involuntary or coerced
sterilisation of people with disability in Australia (2013). At
http://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Community_Affairs/Involuntary_S
terilisation/~/media/Committees/Senate/committee/clac_ctte/involuntary_sterilisation/first_report/report
.ashx (viewed 11 September 2017); Australian Human Rights Commission, Submission No 5 to
Senate Standing Committee on Community Affairs, Involuntary or coerced sterilisation of people with
disability in Australia (20 November 2012). At
http://www.aph.gov.au/DocumentStore.ashx?id=3d3c9b64-7a59-4e30-bd96e38d52fe85c8&subId=16108 (viewed 11 September 2017).
66 Carolyn Frohmader, Violence Against Women with Disabilities (2014). At
https://www.pwd.org.au/documents/temp/FS_Violence_WWD's.pdf (viewed 11 September 2017).
67 Michelle Telfer, Michelle Tollit and Debi Feldman, ‘Transformation of health-care and legal systems
for the transgender population: The need for change in Australia’ (2015) 51 Journal of Paediatrics and
Child Health 1051.
68 See Australian Human Rights Commission, Resilient Individuals: Sexual Orientation Gender Identity
& Intersex Rights (2015), 29-31. At https://www.humanrights.gov.au/our-work/sexual-orientation-sexgender-identity/publications/resilient-individuals-sexual (viewed 11 September 2017).
69 Sex Discrimination Act 1984 (Cth) ss 5A – 5C.
70 These amendments include exceptions that allow some clubs and religious service providers to
discriminate against LGBTI people in service provision, employment, education and sports.
71 Sex Discrimination Regulations 1984 (Cth) reg 5(2). This amendment was an implementation of
UPR Recommendation 221 (Ensure that states’ legislation is consistent with the amended Sex
Discrimination Act 1984 (Cth) (Israel)).
72 See, for example, Human Reproductive Technology Act 1991 (WA) s 19(2).
73 Births, Deaths and Marriages Registration Act 1997 (ACT) s 24(1)(c)(i); Births, Deaths and
Marriages Registration (Gender Identity) Amendment Act 2016 (SA) s 29K(a)(ii)(B).
74 Australian Human Rights Commission, Resilient Individuals: Sexual Orientation, Gender Identity &
Intersex Rights 2015, 50. At https://www.humanrights.gov.au/our-work/sexual-orientation-sex-genderidentity/publications/resilient-individuals-sexual (viewed 11 September 2017).
75 Human Rights Committee, Views: Communication No 2172/2012, 119th sess, UN Doc
CCPR/C/119/D/2172/2012 (17 March 2017) (‘G v Australia’). At
http://tbinternet.ohchr.org/Treaties/CCPR/Shared%20Documents/AUS/CCPR_C_119_D_2172_2012_
25976_E.pdf (viewed 11 September 2017).
76 Australian Human Rights Commission, Resilient Individuals: Sexual Orientation Gender Identity &
Intersex Rights 2015, 57. At https://www.humanrights.gov.au/our-work/sexual-orientation-sex-genderidentity/publications/resilient-individuals-sexual (viewed 11 September 2017).
77 Senate Standing Committee on Community Affairs, Involuntary or coerced sterilisation of intersex
people in Australia (2013). At
http://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Community_Affairs/Involuntary_S
terilisation/Sec_Report/index (viewed 11 September 2017).
78 Marriage Act 1961 (Cth) s 5(1).
79 Australian Human Rights Commission, Marriage Equality in a Changing World: Position Paper on
Marriage Equality (2012) 1. At http://www.humanrights.gov.au/lesbian-gay-bisexual-trans-andintersex-equality-0 (viewed 11 September 2017).
80 Marriage Act 1961 (Cth) s 47.
81 Australian Human Rights Commission, Marriage Equality in a Changing World: Position Paper on
Marriage Equality (2012) 4. At http://www.humanrights.gov.au/lesbian-gay-bisexual-trans-andintersex-equality-0 (viewed 11 September 2017). The right to freedom of religion is discussed in
section 12.1 of this submission.
82 Mathias Cormann, ‘Commitment to a National Plebiscite on Same Sex Marriage’ (Media Release,
MC 46/17, 8 August 2017). At http://www.financeminister.gov.au/mediarelease/2017/08/08/commitment-national-plebiscite-same-sex-marriage (viewed 11 September 2017).
83 Australian Human Rights Commission, Submission No 26 to Senate Standing Committee on Legal
and Constitutional Affairs, Parliament of Australia, Inquiry into a Popular Vote in the Form of a
Plebiscite or Referendum, on Marriage in Australia, 4 September 2015, 3. At
https://www.humanrights.gov.au/submissions/senate-inquiry-matter-popular-vote-form-plebiscite-orreferendum-matter-marriage (viewed 11 September 2017).
84 Human Rights Committee, Views: Communication No 2216/2012, 119th sess, UN Doc
CCPR/C/119/D/2216/2012 (3 August 2017) (‘C v Australia’).
85 The National Plan is a twelve-year plan which aims to coordinate actions across Australian
jurisdictions to reduce levels of violence against women and children. See Council of Australian
46