Australian Human Rights Commission Submission to the UN Human Rights Committee, 18 September 2017 64. The Commission refers to the current state of medical knowledge regarding the purpose for which stage 2 hormone treatment is provided, the nature of the treatment, and the risks involved in undergoing, withholding or delaying treatment.67 In the absence of disagreement among the child, the child’s medical team and the child’s parents or guardians, the Commission considers the requirement for court authorisation has a deleterious impact on the human rights of affected young people. Recommendation 21: That the Australian Government ensure that Australian law enables young people diagnosed with gender dysphoria to access stage 2 hormone treatment without court authorisation with the approval of their parents or guardians and medical team and in accordance with the relevant medical standards of care and treatment guidelines. Access to surrogacy (ICCPR articles 2 & 26) 65. The Commission is concerned that, in one state, some same-sex couples are subject to prohibitions on being intended parents of domestic surrogacy. 68 Recommendation 22: That the Australian Government encourage Western Australia to provide access to surrogacy arrangements for all same-sex couples as is provided to heterosexual couples. Anti-discrimination laws (ICCPR articles 2 & 26; LOI 9) 66. The Commission commends the Government for passing amendments to the Sex Discrimination Act 1984 (Cth) (SDA) in 2013 prohibiting discrimination on the basis of sexual orientation, gender identity and intersex (SOGII) status,69 subject to exceptions.70 67. The Commission also commends the Government on its removal of exemptions for Australian state and territory laws from the operation of Australia’s national anti-discrimination laws.71 However, the Commission is concerned that some state and territory laws remain inconsistent with the protections against discrimination on the basis of SOGII status in the SDA.72 Recommendation 23: That the Australian Government, through the Council of Australian Governments, ensure consistency of all policies and laws with the protections against discrimination on the basis of sexual orientation, gender identity and intersex status in the Sex Discrimination Act 1984 (Cth). Births, deaths and marriages registration (ICCPR articles 2, 17 & 26) 68. The Commission is concerned that in all parts of Australia except the Australian Capital Territory and South Australia,73 a person must undergo surgical or medical treatment and also be unmarried to change the legal record of their sex.74 16