| For a summary of Australia’s review at the first cycle please click here. |
23rd UPR session
Date of review: 9 November 2015
Date of report adoption: 13 January 2016
Document number: A/HRC/31/14
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SUMMARY SOGIESC issues during Australia’s 2nd UPR review |
I. SOGIESC issues/recommendations identified by NGOs
11. While welcoming the enactment of legislation in 2013 prohibiting discrimination on the basis of sexual orientation, gender identity and intersex status, AHRC noted that exemptions to these provisions continued. AHRC recommended that: Federal, state and territory laws be brought into compliance with the Sex Discrimination Act 1984 (Cth); all jurisdictions pass legislation expunging historic criminal convictions for consensual homosexual sex; Government conduct an inquiry into the issue of surgical intervention on intersex infants; and Australian Parliament legislate to provide marriage equality as a matter of priority.
Equality and non-discrimination
37. JS5/ANGOC submitted that individuals experienced discrimination or disadvantage as a result of a combination of factors—such as race, ethnicity, gender, disability, age and sexual orientation. Australia should, inter alia, enact comprehensive equality legislation providing effective remedies to address systemic and intersectional discrimination.
41. HRW reported that Australia, in 2013, successfully implemented the recommendation to prohibit discrimination on the grounds of sexual orientation, gender identity and intersex status in the Sex Discrimination Act. However, Australia should reconsider the rejection of the 2011 UPR recommendation to allow same-sex partners to marry.
Migrants, refugees and asylum seekers
75. […] JS5/ANGOC indicated that mandatory removal to third country detention centres included gay men, despite criminalization of male to male sexual conduct in those third countries. […]
II. Excerpts on SOGIESC issues from the national report
Sexual orientation, gender identity and intersex status Freedom from discrimination (Recommendations 51, 66–68)
70. The Australian Government believes all people are entitled to respect, dignity and legal protection regardless of their sexual orientation, gender identity or intersex status. In 2013, the Sex Discrimination Act 1984 was amended to provide protection from discrimination on the grounds of sexual orientation, gender identity and intersex status. Australia is one of the first States to provide specific anti-discrimination protection to people who are intersex.
71. In 2013, the Australian Government launched the Guidelines on the Recognition of Sex and Gender. These Guidelines standardise the evidence required for a person to establish or change their sex or gender in personal records held by Australian Government departments and agencies. Sex reassignment surgery and/or hormone therapy are not pre-requisites for the recognition of a change of gender in Australian Government records.
72. In March 2014, the Australian Capital Territory legislated to remove the requirement for sex and gender diverse people to undergo sexual reassignment surgery before they can change their sex on their birth certificate. The passage of this legislation coincides with other changes in Australian Capital Territory Government policy including legal recognition of sex and gender diversity by allowing people to identify as a third category – indeterminate / intersex / unspecified – on their birth certificates. Same sex relationships
73. Since Australia’s last review, New South Wales, Victoria and South Australia have legislated to expunge historic criminal convictions for consensual same-sex activity, and other jurisdictions are moving toward the same approach.
III. Excerpts on SOGIESC issues by UN agencies
No references.
IV. References to SOGIESC issues during the Working Group review
25. Iceland expressed concern about reports of the treatment of asylum seekers in immigration detention and the legal protection of children in families headed by lesbian, gay, bisexual, transgender and intersex persons.
30. Ireland encouraged equal recognition of same-sex marriage and was concerned at the postponed Special Rapporteur visit, the continued detention of children in offshore centres and the overrepresentation of Aboriginal and Torres Strait Islanders peoples in detention.
38. Luxembourg welcomed federal protections against discrimination based on sexual orientation or gender identity and noted the remaining challenges regarding the treatment of migrants and discrimination against indigenous peoples.
53. The Netherlands encouraged adequate funding for initiatives to reduce violence against women, while noting that lesbian, gay, bisexual, transgender and intersex persons were de facto discriminated against in the Marriage Act.
129. Responding to recommendations on sexual orientation, gender identity and intersex status, the delegation noted the Government’s commitment to holding a plebiscite on marriage equality after the next election. In 2013, Australia had amended its Sex Discrimination Act to provide protection from unlawful discrimination on the basis of sexual orientation, gender identity and intersex status. The delegation reported that temporary exemptions from these new laws to facilitate any amendments necessary to state and territory laws would not be extended beyond 31 July 2016.
144. Australia will continue taking steps to end unlawful discrimination on the grounds of sexual orientation, gender identity and intersex status. The Government committed to removing exemptions for Australian state and territory laws from the implementation of national anti-discrimination laws. This commitment will take effect from 31 July 2016.
V. Conclusions and/or recommendations
Australia accepted the following recommendations:
136.221 Ensure that states’ legislation is consistent with the amended Sex Discrimination Act 1984 (Israel).
Australia noted the following recommendations:
136.220 Open legal partnership models to all, regardless of their sexual orientation or gender identity (Iceland);
136.222 Revise the Marriage Act of 1961 in a way that ensures full equality with respect to the civil institution of marriage (Netherlands);
136.223 Legally recognize same-sex marriage (Spain);
136.224 Amend the federal Marriage Act to allow same-sex couples to marry by changing the definition of marriage, and provide full recognition of same-sex marriages from overseas (Sweden).
VI. Further information
You will find all documents relating to Australia’s second review at UPR-Info and OHCHR’s websites.