| For a summary of Australia’s review at the second cycle please click here. |
10th UPR session
Date of review: 27 January 2011
Date of report adoption: 24 March 2011
Document number: A/HRC/17/10
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SUMMARY SOGIESC issues during Australia’s 1st UPR review |
I. SOGIESC issues/recommendations identified by NGOs
Constitutional and legislative framework
8. JS1 recommended amending anti-discrimination laws to include “homelessness” or “social status” as prohibited attributes. AHRC recommended that sexuality be included as a ground of discrimination federally; that sex or gender diversity be included as grounds of discrimination in federal laws; and that the Sex Files report be implemented.
Right to life, liberty and security of the person
30. AHRC called for increased attention to the prevalence of violence, bullying and harassment, particularly in relation to children, the elderly, people with disability, Indigenous peoples, people from culturally and linguistically diverse communities, people who were gay, lesbian or bisexual, and people who were intersex and sex and/or gender diverse.
Right to privacy, marriage and family life
40. JS2 and AI indicated that same-sex couples cannot legally marry in Australia; same-sex marriages which take place overseas are not recognised domestically; and same-sex couples cannot become adoptive parents, except in ACT, Western Australia and Tasmania. JS2 recommended removing discriminatory language in the Marriage Act 1961 (Cth), including the ban on the recognition of overseas marriage under s 88EA, to allow all couples, regardless of sexual orientation or gender identity, the right to marry. Additionally, The Gender Centre Inc. (GCI) recommended the implementation of necessary legislation to allow transgender people to amend their official identity documentation without the requirement for sex reassignment surgery or that they be unmarried.
II. Excerpts on SOGIESC issues from the national report
Equality and non-discrimination
52. The Australian Government is currently harmonising and consolidating Commonwealth anti-discrimination laws by removing unnecessary regulatory overlap, addressing inconsistencies across laws and making the system more user-friendly. The development of a consolidated Act provides an opportunity to examine gaps at the federal level, and review the complaints handling process and the related role and functions of the AHRC. As part of its review and consolidation of federal anti-discrimination laws, the Australian Government has committed to introducing legislation to protect against discrimination on the basis of a person’s sexual orientation or gender status.
Sexual orientation
89. People in Australia are entitled to respect, dignity and the opportunity to participate in society and receive the protection of the law regardless of their sexuality. Homosexual activity has been decriminalised in all Australian States and Territories. Recent policy developments focus on ensuring that same-sex couples and their families are recognised and have the same entitlements as opposite-sex de facto couples.
90. As part of its review and consolidation of federal anti-discrimination laws, the Australian Government has committed to introducing legislation to protect against discrimination on the basis of a person’s sexual orientation.
91. Extensive legislative reforms were introduced in 2009 to enable same-sex couples and their children to be recognised by Commonwealth law. The reforms affected 85 Commonwealth laws, eliminating discrimination against same-sex couples and their children in a wide range of areas including social security, taxation, health care, veterans’ affairs, workers’ compensation, educational assistance, superannuation, family law and child support.
92. The Australian Government supports a nationally consistent State-based framework for relationship recognition. A number of States and Territories have established schemes which allow same-sex and opposite-sex de facto couples to register their relationships formally.
III. Excerpts on SOGIESC issues by UN agencies
No references.
IV. References to SOGIESC issues during the Working Group review
33. Another initiative is harmonizing and consolidating federal anti-discrimination laws, as well as protecting against discrimination on the basis of sexual orientation or gender status.
49. Switzerland […] noted that Australia had no legal provisions prohibiting discrimination or harassment based on sexual orientation.
66. New Zealand: There was no federal law prohibiting discrimination on the grounds of sexual orientation.
V. Conclusions and/or recommendations
Australia accepted the following recommendations:
86.66. Continue to implement the harmonization and consolidation of antidiscriminatory laws and to move forward with the promulgation of laws protecting persons against discrimination on the grounds of sexual orientation or gender (Colombia);
86.67. Introduce a national legal provision prohibiting discrimination and harassment based on sexual orientation and gender (Switzerland);
86.68. As a high priority, introduce federal law which prohibits discrimination on the grounds of sexual orientation (New Zealand);
86.69. Take measures to ensure consistency and equality across individual States in recognizing same-sex relationships (United Kingdom).
Australia noted the following recommendations:
86.70. Amend the Marriage Act to allow same-sex partners to marry and to recognize same-sex marriages from overseas (Norway).
VI. Further information
You will find all documents relating to Australia’s first review at UPR-Info and OHCHR’s websites.