Australian Human Rights Commission
Submission to UN Committee Against Torture, 17 October 2014
226.
However, the Commission notes that the UN Committee on the Rights of the
Child has identified concerns regarding measures of implementation,
prevention and prohibition of the sale of children, child prostitution, child
pornography, and protection of child victims.142 In the Children’s Rights Report
2013, the Commission recommended that the Australian government respond
formally to the corresponding recommendations made by the UN Committee
on the Rights of the Child.143
Sexual Orientation, Gender Identity and Intersex issues
(SOGII)
LOIPR: n/a
Relevant provisions of the CAT: Article 16
227.
In 2013, the Government passed the Sex Discrimination Amendment (Sexual
Orientation, Gender Identity and Intersex Status) Act 2013 (Cth) which has
introduced new grounds of discrimination into the Sex Discrimination Act 1984
(Cth), in effect from 1 August 2013. The Commission has welcomed these
amendments which prohibit discrimination on the basis of sexual orientation,
gender identity and intersex status in specific areas of public life, as set out in
the Sex Discrimination Act 1984 (Cth).144
228.
Concerns have been raised about the issue of surgical or hormonal
interventions on intersex infants.145 The Tasmanian Commission advised that
whilst there are some instances where surgery or other medical intervention is
necessary for the physical well-being of the child, a large number of
interventions continue to be made to make them more typically male or female
on the pretext that it will protect the child from future discrimination.
Royal Commission into Institutional Responses to Child
Sexual Abuse
LOIPR: n/a
Relevant provisions of the CAT: Articles 2, 12, 16
229.
The Commission has welcomed the establishment of a Royal Commission into
Institutional Responses to Child Sexual Abuse.146 The Commission notes that
the Letters Patent provided to the Royal Commission require that it ‘inquire
into institutional responses to allegations and incidents of child sexual abuse
and related matters’.147 The Commission also notes that the scope of the
Royal Commission extends to schools, churches, sports clubs and
government institutions; the latter at the Commonwealth, state and territory
levels. The Royal Commission is to have regard to:
•
•
the experience of people directly or indirectly affected by child sexual
abuse and related matters in institutional contexts
focus its inquiry on systemic issues, while being informed by individual
cases
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