Transgender rights in Australia

Last updated

Transgender rights in Australia enjoy legal recognition and protection under federal and state/territory laws, but the requirements for gender recognition vary depending on the jurisdiction. [1] For example, birth certificates and driver licences are regulated by the states and territories, while Medicare and passports are matters for the Commonwealth. [2]

States and territories of Australia first-level subdivision of Australia

The states and territories are the first-level administrative divisions of the Commonwealth of Australia. They are the second level of government in Australia, located between the federal and local government tiers.

Contents

Changing legal gender assignment for federal purposes such as Medicare and passports requires only a letter from a treating medical practitioner. [2] By contrast, most states and territories impose additional requirements for gender recognition that have been criticised by the Australian Human Rights Commission and LGBT advocates. [2] This includes requiring the person to undergo sexual reassignment surgery and, in most jurisdictions until 2018, to divorce if married. [1] Advocates argue that marital status and surgery requirements are irrelevant to the recognition of a person's sex or gender identity, and instead should rely on their self-identification. [2] [3] The legalisation of same-sex marriage in 2017 had the effect of removing the requirement to divorce if one was already married. This took effect on 9 December 2018 unless the state or territory government has already removed this requirement beforehand. [4]

Australian Human Rights Commission

The Australian Human Rights Commission is a national human rights institution, established in 1986 as the Human Rights and Equal Opportunity Commission and renamed in 2008. It is a statutory body funded by, but operating independently of, the Australian Government. It is responsible for investigating alleged infringements of Australia's anti-discrimination legislation in relation to Commonwealth agencies. Matters that can be investigated by the Commission under the Australian Human Rights Commission Regulations 1989 include "discrimination on the grounds of race or nationality, colour or ethnic origin, racial vilification, age, sex or gender, sexual harassment, marital or relationship status, sexual orientation, gender identity, intersex status, care status, actual or potential pregnancy, breastfeeding, trade union activity, criminal record, medical record, impairment or physical disability".

Sex reassignment surgery (SRS), also known as gender reassignment surgery and several other names, is a surgical procedure by which a transgender person's physical appearance and function of their existing sexual characteristics are altered to resemble that socially associated with their identified gender. It is part of a treatment for gender dysphoria in transgender people.

Gender reassignment surgery is available in Australia with the costs of some, but not all, treatments for transgender people covered by the national Medicare public health scheme. Between 2004 and 2017 transgender children required approval from the Family Court of Australia before being prescribed hormone treatment, although a series of rulings in 2013 and 2017 removed the need for court approval of puberty blockers and cross-sex hormone therapy where there is no dispute between a child, their parents and their treating doctors. [5]

Medicare is the publicly funded universal health care system in Australia. Operated by the Department of Human Services, Medicare is the primary funder of health care in Australia, funding primary health care for Australian citizens and permanent residents including Norfolk Island. Residents are entitled to a rebate for treatment from medical practitioners, eligible midwives, nurse practitioners and allied health professionals who have been issued a Medicare provider number, and can also obtain free treatment in public hospitals. The plan was introduced in 1975 by the Whitlam Government as Medibank, and was limited to paying customers only in 1976 by the Fraser Government. Hawke reintroduced universal health care in 1984 as Medicare.

Family Court of Australia Australian federal court dealing with with family law matters

The Family Court of Australia is a superior Australian federal court of record which deals with family law matters, such as divorce applications, parenting disputes, and the division of wealth when a couple separate. Together with the Federal Circuit Court of Australia, it covers family law matters in all states and territories of Australia except for Western Australia. Its core function is to determine cases with the most complex law, facts and parties, to cover specialised areas in family law, and to provide national coverage as the national appellate court for family law matters.

History

Following the widespread newspaper reports of the successful sex change operations of Christine Jorgensen in December 1952 and Roberta Cowell in March 1954, the first reported case of an Australian undertaking a sex change operation was an ex-RAAF Staff Sergeant Robert James Brooks in February 1956. [6]

Christine Jorgensen first American to become widely known for having sex reassignment surgery

Christine Jorgensen was an American trans woman who was the first person to become widely known in the United States for having sex reassignment surgery in her 20s. Jorgensen grew up in the Bronx, New York City. Shortly after graduating from high school in 1945, she was drafted into the U.S. Army for World War II. After her service she attended several schools, worked, and around this time heard about sex reassignment surgery. She traveled to Europe and in Copenhagen, Denmark, obtained special permission to undergo a series of operations starting in 1951.

Roberta Cowell British racing driver and fighter pilot

Roberta Elizabeth Marshall Cowell was a British racing driver and Second World War fighter pilot. She was the first known British trans woman to undergo sex reassignment surgery.

Royal Australian Air Force Air warfare branch of Australias armed forces

The Royal Australian Air Force (RAAF), formed in March 1921, is the aerial warfare branch of the Australian Defence Force (ADF). It operates the majority of the ADF's fixed wing aircraft, although both the Australian Army and Royal Australian Navy also operate aircraft in various roles. It directly continues the traditions of the Australian Flying Corps (AFC), formed on 22 October 1912. The RAAF provides support across a spectrum of operations such as air superiority, precision strikes, intelligence, surveillance and reconnaissance, air mobility, space surveillance, and humanitarian support.

In 1975, the Gender Dysphoria Clinic at Queen Victoria Hospital Melbourne was established by Dr Trudy Kennedy and Dr Herbert Bower. The clinic later moved in the Monash Medical Centre in 1989 and closed surgeries in 2009; however, it continues to provide mental health assessments and referrals as the Monash Health Gender Clinic. [7]

In 1979 Australia's first transgender rights and advocacy organisations were established, the Melbourne-based Victorian Transsexual Coalition and the Victorian Transsexual Association; these were followed in 1981 by the Sydney-based Australian Transsexual Association, which included prominent activist, academic and author Roberta Perkins.

Roberta Perkins Australian sociologist and trans rights activist

Roberta Perkins was an Australian sociologist, writer, and transgender rights and sex worker rights activist. She wrote several books and multiple academic articles on the semi-nomadic lives of transgender sex workers, and established the first assistance center for transgender people in Australia.

In 1987, Estelle Asmodelle became possibly Australia's first legally recognized post operative transgender person with the Births, Deaths and Marriages Department of New South Wales, [8] and her transition helped gain recognition for transgender people in Australia. [9] This was the first time in Australian legal history that a transgender Australian was permitted to change their birth certificate to a different sex. [10] Soon afterwards the passport laws also changed to allow the sex on passports to be changed

Identification documents

Issues

Forced divorce

Traditionally, all states and territories required a person to be single before changing the sex recorded on their birth certificate, which meant divorcing their spouse if the person was married. [11] This was to prevent a same-sex marriage arising after the person's transition to the same sex as their spouse, contradicting the Commonwealth law prohibiting same-sex marriage in Australia before 2017. [11] [12] [13]

To prevent married transgender people challenging the "forced divorce" requirement on the basis that it discriminated against their marital status in breach of the Sex Discrimination Act , in 2011 the Gillard Government introduced an exemption in section 40(5) of that Act allowing a State or Territory "to refuse to make, issue or alter an official record of a person’s sex if a law of a State or Territory requires the refusal because the person is married". [14] [15]

Despite the exemption, both Australian Capital Territory and South Australia changed birth certificate sex markers for married transgender people before the introduction of same-sex marriage, with the latter repealing its "forced divorce" law in 2016. [16] Legislation abolishing forced transgender divorce in Tasmania was first introduced in 2014 but did not pass until 2019. In 2017 the United Nations Human Rights Committee upheld [17] a New South Wales woman's objection to her state's forced divorce law, finding it violated articles 17 and 26 of the International Covenant on Civil and Political Rights. [18] [19] [20] New South Wales ended its forced divorce requirement in 2018. [21]

The section 40(5) exemption was repealed by the law legalising same-sex marriage in Australia, the Marriage Amendment (Definition and Religious Freedoms) Act 2017 , making it unlawful discrimination for Australian states and territories to require a transgender person to divorce before changing the sex on their birth certificate. [22] However, the repeal did not take effect until 9 December 2018, giving states and territories 12 months to repeal any divorce requirement in their gender recognition laws. [13]

Medical requirements

In 2014 the Australian Capital Territory abolished the sex reassignment surgery requirement for a change of sex on birth certificates, [23] [24] after a 2013 Law Reform Advisory Council report called it "inhumane". [25]

In 2014 trans man Paige Phoenix challenged the Victorian requirement for surgery on the basis that it would be potentially life-threatening, making a complaint to the Human Rights Commission and United Nations. [26]

South Australia abolished the surgery requirement in December 2016, while a similar proposal in Victoria failed in the Legislative Council by one vote. [27]

Western Australia formerly required sterilisation prior to approving a change in sex classification. This requirement was overturned when the High Court ruled, in the 2012 case of AB v Western Australia, that two transgender men who had undergone mastectomies and hormone treatment did not need to undergo sterilisation to obtain a WA gender recognition certificate. [28]

Non-binary gender recognition

Norrie May-Welby is a Scottish-Australian who became the first transgender person in Australia to publicly pursue a legal status of neither a man nor a woman. That status was subject to appeals by the State of New South Wales. [29]

In April 2014, the High Court of Australia unanimously ruled in a case titled NSW Registrar of Births, Deaths and Marriages v Norrie [2014] HCA 11 [30] [31] that, having undergone sex affirmation surgery, androgynous person Norrie was to be registered as neither a man nor a woman with the NSW Registry of Births, Deaths and Marriages. [32] The decision follows previous regulations and legislation that recognises a third gender classification, and establishes that Australia's legal system recognises and permits the gender registration of 'non-specific', as the judges found in the Norrie case. [32]

The Australian Capital Territory's 2014 birth certificate law amendments also allowed people to register as male, female or "X" regardless of whether they had undertaken any surgery. [23] Victoria's failed 2014 proposal had a similar approach. [33]

In April 2019, Tasmania amended the Birth, Deaths and Marriages Registration Act to allow the registration of genders on the basis of self-identification, with gender defined by the applicant through a statutory declaration. This allows a diversity of genders. Any gender-related description should be allowable, through the Registrar may refuse vexatious or obscene applications. [34] The law within Tasmania goes into effect on 5 September, 2019, after royal assent was granted on 8 May, 2019 by the Governor of Tasmania.

Birth certificates by state

JurisdictionChange of sex on birth certificates Sex reassignment surgery optional?Forced divorce abolished?Non-binary gender recognised?Anti-discrimination laws concerning gender identity
Australian Capital Territory YesYesYesYesYes
New South Wales and Norfolk Island YesNo [35] [36] Yes [37] YesYes
Northern Territory YesYes [38] YesYesYes
Queensland YesNoYes [39] [40] NoYes
South Australia YesYesYesYesYes
Tasmania YesYes (On or before 5 September 2019) [41] [42] Yes (On or before 5 September 2019) [43] Yes (On or before 5 September 2019) [44] Yes
Victoria YesNoYes [45] [46] NoYes
Western Australia YesYes (Allows hormonal therapy as an alternative treatment for a legal gender change) [47] Yes [48] NoYes

Birth certificates are issued by states and territories. In many states, sterilisation is (or has been) required for transgender people to obtain recognition of their preferred gender in cardinal identification documents.

Australian Capital Territory

In 2014, the Australian Capital Territory passed legislation that removed the surgery requirement for changing the sex marker on birth certificates. [49] In 2016 the ACT introduced a new identity document for transgender people who were born outside the Territory to use as their proof of gender instead of a birth certificate. [50]

New South Wales

The New South Wales Registry of Births Deaths & Marriages requires that transgender people must have "undergone a sex affirmation procedure". [51]

South Australia

In December 2016, South Australia became the first state to remove the surgery requirement for a change of sex on birth certificates. [27]

Tasmania

On 10 April 2019 the Tasmanian Parliament passed amendments to the Birth, Deaths and Marriages Registration Act. [52] [53] These amendment make Tasmania the first state to allow change of gender on Birth Certificates by a simple statutory declaration. There are a number of other landmark provisions. People 16 or over can apply independently. Parents can apply for change of the gender of children of any age. Gender can be self-described, and is not limited to certain categories. Parents can ask that birth certificates do not include a gender marker (at all: not a marker of "undetermined", "unstated", etc). Persons can ask that their own certificates do not include gender markers. This is in line with the Yogyakarta +10 recommendation 31, [54] Royal assent was granted on 8 May, 2019 by the Governor of Tasmania and goes into effect in 120 days (i.e. 5 September, 2019). [55]

Passports

The Australian Government Guidelines on the Recognition of Sex and Gender, which took effect from 1 July 2013, enable any adult to choose to identify as male, female or X. Documentary evidence must be provided from a doctor or psychologist, but no medical intervention is required. [56]

Alex MacFarlane was reported as receiving a passport with an 'X' sex descriptor in early 2003. MacFarlane achieved this after using an indeterminate birth certificate that was issued by the State of Victoria. [57] [58] [59] Australian government policy between 2003 and 2011 was to issue passports with an 'X' marker only to people who could "present a birth certificate that notes their sex as indeterminate" [1] [60]

In 2011, the Australian Passport Office introduced new guidelines for issuing of passports with a new gender, and broadened the availability of the X descriptor to all individuals with documented "indeterminate" sex. [61] [62] The revised policy stated that "sex reassignment surgery is not a prerequisite to issue a passport in a new gender. Birth or citizenship certificates do not need to be amended." [63]

Gender dysphoria treatment

Access by children

Medical treatment is available to a child who has been diagnosed with gender dysphoria. [64] A diagnosis requires that the child feels and verbalises a strong desire to have a different gender for at least six months. [65]

Medical treatment for minors with gender dysphoria experiencing puberty is generally divided into two stages: [65]

Transgender Australians are generally not eligible for sexual reassignment surgery until they turn 18 years old. [66]

A number of requirements must be satisfied in order for a transgender child to receive treatment. Stage 1 treatment in Australia is provided in accordance with the Endocrine Society's Clinical Practice Guideline "Endocrine Treatment of Transsexual Persons" [67] and involves: [64] [66]

Access to Stage 2 treatment requires the following: [64]

Court involvement

In the 2004 case Re Alex  : Hormonal Treatment for Gender Identity Dysphoria [68] the Family Court of Australia held that both Stage 1 and Stage 2 treatments for gender dysphoria were non-therapeutic "special medical procedures" for the purposes of the Family Law Act 1975 , which meant that even if a child's parents consented, the Family Court's approval was necessary to ensure the child's welfare was protected. This was based on the principles of Marion's Case , in which the High Court of Australia ruled that parental consent was insufficient for "special medical procedures", and instead court approval was necessary to ensure they were in the best interests of the child. [69] After that case, the Family Court heard an increasing number of applications for child gender dysphoria treatment. [65]

In its judgments, the Family Court assessed the child's Gillick competence; in other words, whether the child was in a position to consent to the treatment by fully understanding its nature, effects and risks. [70] If the Court found the child to be Gillick-competent, the child's wishes had to be respected. If not, the Court would then decide whether the proposed treatment was in the child's best interests. [71]

The need for court involvement was relaxed in several 2013 judgments, [72] [73] which were approved by the Full Court of the Family Court in Re Jamie. [74] In these cases, the judges accepted that the medical treatments were therapeutic in nature and that parents could consent to Stage 1 treatment for their child without court oversight. [65] Following these cases, court approval for Stage 1 treatment is only necessary if there was a disagreement between the child, their parents or their treating doctors about the treatment. [75]

Australia was the only country in the world to require court involvement in the process. [76] Several families with transgender children called for the Family Court's role to be abolished in all non-disputed cases, given that the legal process merely "rubber stamped" the expert opinions of medical practitioners and imposed significant financial and emotional costs on applicants. [70] The legal process cost about $30,000 in 2016. [70] Opponents of court involvement also indicated that some transgender teenagers were risking their lives sourcing cross-sex hormones on the black market due to the cost and delays caused by the legal process. [76]

In 2016, Family Court Chief Justice Diana Bryant acknowledged the difficulties of the existing process and promised it would be simplified. [77] Bryant had earlier suggested in 2014 that the High Court of Australia should reconsider the case law requiring court supervision for the medical treatment of transgender children. [78] As recently as late 2016 a spokesperson for the Attorney-General's office said the government was “actively considering options” for reform. [79]

On 30 November 2017, the Full Court of the Family Court issued a ruling which removed the requirement for court approval of Stage 2 where the child, the family and medical staff all agreed. The case, known as Re Kelvin, was brought by a father of a 16-year old transgender child, who asked the court to consider whether previous case law requiring the court process for unopposed applications should be overturned. The case had several interveners, most of whom agreed that the court should be only be involved in the process if there was a disagreement. [5] [80] [81]

Access by adults

Gender reassignment surgery is available in Australia with the costs of some, but not all treatments for trans people covered by the national Medicare public health scheme. [82] Trans advocates have campaigned for full Medicare funding for various treatments that may be currently be unaffordable for transgender people, such as breast surgery, facial surgery and hormone treatments, among others. [82] Few Australian medical staff have expertise in trans issues, particularly in rural areas, [83] leading to many transgender Australians to travel overseas for surgery to countries such as Thailand. [82] Members of the transgender community have also called for greater access to mental health services given the increased demand, with delays of 12 to 18 months recorded in Victoria for access to necessary psychological and psychiatric services before hormone therapy can be accessed. [84]

Discrimination protections

Federal law protections

Prior to 1 August 2013 Australia did not comprehensively outlaw discrimination based on gender identity at the federal level. In late 2010, the Gillard Labor Government announced a review of federal anti-discrimination laws, with the aim of introducing a single equality law that would also cover sexual orientation and gender identity. [85] This approach was abandoned and instead on 25 June 2013, the Federal Parliament added marital or relationship status, sexual orientation, gender identity and intersex status as protected attributes to the existing Sex Discrimination Act by passing the Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Act 2013.

From 1 August 2013, discrimination against transgender and gender diverse people, and all LGBTI people, became illegal for the first time under national law. Aged care providers who are owned by religious groups will no longer be able to exclude people from aged care services based on their LGBTI or same-sex relationship status. However, religious owned private schools and religious owned hospitals are exempt from gender identity and sexual orientation provisions [86] in the Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Bill 2013. [87]

State and territory law protections

Aside from Commonwealth (i.e. federal) anti-discrimination laws, each of the states and territories have their own laws which protect LGBTI people from discrimination.

School anti-bullying programs

The Safe Schools Coalition Australia has sought to combat anti-LGBTI abuse or bullying, which research suggested was prevalent across Australian schools. [88] Initially established in Victorian schools in 2010, [89] the program was launched nationwide in 2014 under the Abbott Government. [90] The program received support from a majority of state governments, LGBTI support groups and other religious and non-governmental organisations such as beyondblue, [91] headspace and the Australian Secondary Principals Association. [92]

However, the program faced criticism in 2015 and 2016 from social conservatives including the Australian Christian Lobby, LNP politicians such as Cory Bernardi, George Christensen, Eric Abetz, Malcolm Turnbull, Tony Abbott, Kevin Andrews, and former Labor Senator Joe Bullock for indoctrinating children with "Marxist cultural relativism" [88] and age-inappropriate sexuality and gender concepts in schools, [93] while others criticised the Marxist political views of Roz Ward, a key figure in the program. [88] [94] [95] Petitions were also delivered against the program by members of Australia's Chinese and Indian communities. [96]

The concerns led to a review under the Turnbull Government, which implemented a number of changes such as restricting the program to high schools, removing role playing activities and requiring parental consent before students take part. [97] The federal changes were rejected by the governments of Victoria and the Australian Capital Territory, who persisted with the original program and announced they would fund it independently of the federal government. [98] Funding for the federal program has since been allowed to lapse. [99]

Marriage

In the 2001 case of Re Kevin – validity of marriage of transsexual, the Family Court of Australia held that a post-operative transsexual person could be recognised as their new gender for the purposes of marriage.

See also

Related Research Articles

A person may be considered to be a transgender person if their gender identity is inconsistent or not culturally associated with the sex they were assigned at birth, and consequently also with the gender role and social status that is typically associated with that sex. They may have, or may intend to establish, a new gender status that accords with their gender identity. Transsexual is generally considered a subset of transgender, but some transsexual people reject being labelled transgender.

Gender dysphoria (GD) is the distress a person feels due to their birth-assigned sex and gender not matching their gender identity. People who experience gender dysphoria are typically transgender. Evidence from studies of twins suggests that gender dysphoria not only has psychological causes, but may have biological causes as well.

Sex assignment is the determination of an infant's sex at birth. In the majority of births, a relative, midwife, nurse or physician inspects the genitalia when the baby is delivered, and sex and gender are assigned, without the expectation of ambiguity. Assignment may also be done prior to birth through prenatal sex discernment.

LGBT rights in Australia

Lesbian, gay, bisexual and transgender (LGBT) rights in Australia have advanced since the late-twentieth century to the point where LGBT people in Australia are protected from discrimination and enjoy the same rights and responsibilities as others.

Transgender rights in the United States vary considerably by jurisdiction.

Intersex Innate variations in sex characteristics such that individuals differ from norms for male or female bodies

Intersex people are individuals born with any of several variations in sex characteristics including chromosomes, gonads, sex hormones, or genitals that, according to the UN Office of the High Commissioner for Human Rights, "do not fit the typical definitions for male or female bodies". Such variations may involve genital ambiguity, and combinations of chromosomal genotype and sexual phenotype other than XY-male and XX-female.

LGBT rights in Tasmania

Lesbian, gay, bisexual, and transgender (LGBT) people in the Australian state of Tasmania have the same legal rights as non-LGBT residents. Tasmania has a transformative history with respect to the rights of LGBT people. Initially dubbed "Bigots Island" by international media due to intense social and political hostility to LGBT rights up until the late 1990s, the state has subsequently been recognised for LGBT law reforms that have been described by activists such as Rodney Croome as among the most extensive and noteworthy in the world. Tasmania imposed the harshest penalties in the Western world for homosexual activity until 1997, when it was the last Australian jurisdiction to decriminalise homosexuality after a United Nations Human Rights Committee ruling, the passage of federal sexual privacy legislation and a High Court challenge to the state's anti-homosexuality laws. Following decriminalisation, social and political attitudes in the state rapidly shifted in favour of LGBT rights ahead of national trends with strong anti-LGBT discrimination laws passed in 1999, and the first state relationship registration scheme to include same-sex couples introduced in 2003.

LGBT rights in the Northern Territory

Lesbian, gay, bisexual, and transgender (LGBT) persons in Australia's Northern Territory have the same legal rights as non-LGBT residents. The liberalisation of the rights of lesbian, gay, bisexual and transgender (LGBT) people in Australia's Northern Territory has been a gradual process. Homosexual activity has been legal since 1983 with an equal age of consent since 2003. Same-sex couples are recognised as de facto relationships, though there is no civil union or domestic partnership registration scheme available. Same-sex marriage has been legal in the territory since December 2017, following the passage of the Marriage Amendment Act 2017 in the Australian Parliament. The 2017 Australian Marriage Law Postal Survey, designed to gauge public support for same-sex marriage in Australia, returned a 60.6% "Yes" response in the territory. LGBT people are protected from discrimination by both territory and federal law, though the territory's hate crime law does not cover sexual orientation or gender identity. The territory was the last jurisdiction in Australia to legally allow same-sex couples to adopt children.

LGBT rights in the Australian Capital Territory

The Australian Capital Territory (ACT) is one of Australia's leading jurisdictions with respect to the rights of lesbian, gay, bisexual and transgender (LGBT) people. The ACT has made a number of reforms to territory law designed to prevent discrimination of LGBT people; it was the only state or territory jurisdiction in Australia to pass a law for same-sex marriage, which was later overturned by the High Court of Australia. The ACT's laws also apply to the smaller Jervis Bay Territory.

Intersex human rights

Intersex people are born with sex characteristics, such as chromosomes, gonads, or genitals, that, according to the UN Office of the High Commissioner for Human Rights, "do not fit typical binary notions of male or female bodies."

Legal recognition of intersex people

Intersex people are born with sex characteristics, such as chromosomes, gonads, or genitals that, according to the United Nations Office of the High Commissioner for Human Rights, "do not fit typical binary notions of male or female bodies".

Discrimination against intersex people

Intersex people are born with sex characteristics, such as chromosomes, gonads, or genitals that, according to the UN Office of the High Commissioner for Human Rights, "do not fit typical binary notions of male or female bodies". "Because their bodies are seen as different, intersex children and adults are often stigmatized and subjected to multiple human rights violations".

Transgender rights in New Zealand

The Human Rights Commission noted in its 2004 report on the status of human rights in New Zealand that transgender, and non-binary people in New Zealand face discrimination in several aspects of their lives, however the law is unclear on the legal status of discrimination based on gender identity, and also for intersex people.

Legal recognition of non-binary gender

Multiple countries legally recognize non-binary or third gender classifications. In some countries, such classifications may only be available to intersex people, born with sex characteristics that "do not fit the typical definitions for male or female bodies". In other countries, they may only be available to people with gender identities that differ from their sex assigned at birth.

Intersex rights in New Zealand

Intersex rights in New Zealand are protections and rights afforded to intersex people. Protection from discrimination is implied by the Human Rights Act and the Bill of Rights Act, but remains untested. The New Zealand Human Rights Commission states that there has seemingly been a "lack of political will to address issues involved in current practices of genital normalisation on intersex children".

Intersex rights in Australia

Intersex rights in Australia are protections and rights afforded to intersex people through statutes, regulations, and international human rights treaties, including through the Sex Discrimination Act 1984 (Cth) which makes it unlawful to discriminate against a person based upon that person's intersex status in contexts such as work, education, provision of services, and accommodation.

Intersex rights in the United Kingdom

Intersex people in the United Kingdom face significant gaps in legal protections, particularly in protection from non-consensual medical interventions, and protection from discrimination. Actions by intersex civil society organizations aim to eliminate unnecessary medical interventions and harmful practices, promote social acceptance, and equality in line with Council of Europe and United Nations demands. Intersex civil society organizations campaign for greater social acceptance, understanding of issues of bodily autonomy, and recognition of the human rights of intersex people.

Since the 1990s, a series of laws have been gradually granting more rights and protections to transgender people in the United Kingdom. The laws pertain to areas of identity documents, marriage rights, and anti-discrimination measures in the areas of employment, education, housing, and services.

Intersex rights in Argentina

Intersex people in Argentina have no recognition of their rights to physical integrity and bodily autonomy, and no specific protections from discrimination on the basis of sex characteristics. Cases also exist of children being denied access to birth certificates without their parents consenting to medical interventions. The National Institute Against Discrimination, Xenophobia and Racism and civil society organizations such as Justicia Intersex have called for the prohibition of unnecessary medical interventions and access to redress.

References

  1. 1 2 3 "Concluding paper of the sex and gender diversity project". Sex Files: the legal recognition of sex in documents and government records. Australian Human Rights Commission. March 2009. Archived from the original on 17 September 2016. Retrieved 8 September 2016.
  2. 1 2 3 4 McAvan, Emily (12 August 2016). "Why Australia's gender recognition laws need to change". Special Broadcasting Service. Archived from the original on 20 December 2016. Retrieved 12 December 2016.
  3. Gleeson, Hayley (7 April 2016). "Gender identity: Legal recognition should be transferred to individuals, Human Rights Commission says". Australian Broadcasting Corporation. Archived from the original on 19 September 2016. Retrieved 8 September 2016.
  4. "What do the same-sex marriage laws actually say?". News.com.au. 9 December 2017. Archived from the original on 9 December 2017. People who changed genders were previously unable to change sex on birth certificates and other official documentation if they were married, as state or territory governments could refuse to do this as it could be seen as facilitating a same-sex union. Many transgender people were forced to divorce if they wanted to officially change gender. From December 9 [2018], state and territory governments will no longer be able to block changes to birth certificates and other documents.
  5. 1 2 Lane Sainty (30 November 2017). "Transgender Teens Can Now Access Treatment Without Going To Court, Following Landmark Decision". BuzzFeed. Archived from the original on 11 December 2017.
  6. Ex-RAAF man wants to change his sex, Mirror (Perth, WA), Saturday 25 February 1956, Page 5
  7. "Gender Clinic". Monash Health. Archived from the original on 4 January 2018. Retrieved 4 January 2018.
  8. The Daily Mirror (Australia) Newspaper 13 October 1987
  9. Highlands Post Newspaper 10 January 1986
  10. Rhodes (7 September 2017). "8 hard-won rights for LGBTI Australians". Museum of Australian Democracy at Old Parliament House. Old Parliament House. Archived from the original on 12 September 2017. Retrieved 23 October 2017.
  11. 1 2 Bishop, Caitlin (21 June 2017). "Transgender men and women in Australia are forced to divorce if they want a new birth certificate". Mamamia. Archived from the original on 17 January 2018. Retrieved 16 January 2018.
  12. Silva, Christiana (10 January 2018). ""Forced divorce" laws for transgender people undermine Australia's same-sex marriage legalization". Newsweek. Newsweek LLC. Archived from the original on 16 January 2018. Retrieved 16 January 2018.
  13. 1 2 Sainty, Lane (10 January 2018). "Now That Same-Sex Marriage Is Legal, States Must Abolish Transgender "Forced Divorce" Laws". BuzzFeed. Archived from the original on 17 January 2018. Retrieved 16 January 2018.
  14. "Sex and Age Discrimination Legislation Amendment Bill 2011 - Explanatory Memorandum". ParlInfo. Parliament of Australia. Archived from the original on 17 September 2015. Retrieved 16 January 2018. This Item will amend section 40 to include an exemption to preserve the operation of State and Territory laws regarding official records of a person’s sex.
  15. "Legislative Tracker: Sex and Age Discrimination Legislation Amendment Bill 2011". ParlInfo. Parliament of Australia. Archived from the original on 19 April 2017. Retrieved 16 January 2018.
  16. Hirst, Jordan (10 January 2018). "Calls For State Premiers To Scrap 'Forced Transgender Divorce' Laws - QNEWS". QNews. Archived from the original on 17 January 2018. Retrieved 16 January 2018.
  17. "G v Australia" (PDF). Views adopted by the Committee under article 5(4) of the Optional Protocol, concerning communication No. 2172/2012. United Nations Human Rights Committee. Archived (PDF) from the original on 27 June 2017. Retrieved 16 January 2018.
  18. Gerber, Paula (27 June 2017). "Even the UN rejects Australia's stance on transgender married couples". The Guardian. Archived from the original on 17 January 2018. Retrieved 16 January 2018.
  19. Sainty, Lane (20 June 2017). "A Married Transgender Woman Fighting For A New Birth Certificate Won The Backing Of The UN". BuzzFeed. Archived from the original on 17 January 2018. Retrieved 16 January 2018.
  20. Hirst, Jordan (10 January 2018). "Calls to end forced divorce for trans partners in Australia". Star Observer. Archived from the original on 17 January 2018. Retrieved 16 January 2018.
  21. Barber, Laurence (7 June 2018). "NSW ends forced divorce requirement for trans people". Star Observer. Archived from the original on 12 June 2018. Retrieved 7 June 2018.
  22. "Marriage Amendment (Definition and Religious Freedoms) Bill 2017 - Explanatory Memorandum". ParlInfo. Parliament of Australia. Archived from the original on 28 February 2018. Retrieved 16 January 2018. Commencement will be delayed for 12 months in order to provide states and territories with such laws with an opportunity to amend their legislation, and associated policies and procedures, to allow people who are married to change the sex marker on their official records.
  23. 1 2 Lawson, Kirsten (17 March 2014). "Transgender people will be able to alter birth certificates". Canberra Times. Fairfax Media. Archived from the original on 17 January 2018. Retrieved 16 January 2018.
  24. "ACT to make it easier for transgender people to alter birth certificate". ABC News. Australian Broadcasting Corporation. 17 March 2014. Archived from the original on 5 May 2014. Retrieved 16 January 2018.
  25. "Australia: Trans and intersex inclusive birth certificate amendments considered by lawmakers". PinkNews. Archived from the original on 17 January 2018. Retrieved 16 January 2018.
  26. Gregoire, Paul (13 November 2014). "Australia's Antiquated Gender Reassignment Laws Make Life Worse for Trans People". Vice. Archived from the original on 16 January 2018. Retrieved 16 January 2018.
  27. 1 2 "Landmark Transgender Rights Bill Passes in South Australia, Nixed in Victoria". BuzzFeed. 6 December 2016. Archived from the original on 6 December 2016.
  28. "Human Rights Commission, AB v Western Australia" (PDF). Archived (PDF) from the original on 23 October 2016. Retrieved 4 January 2018.
  29. "Norrie May-Welby's battle to regain status as the world's first legally genderless person" Archived 10 November 2013 at the Wayback Machine , Daily Life Australia. 8 November 2013
  30. NSW Registrar of Births, Deaths and Marriages v Norrie: Case summary [2014] HCASum 10 Archived 11 April 2014 at the Wayback Machine High Court (Australia).
  31. NSW Registrar of Births, Deaths and Marriages v Norrie [2014] HCA 11 , (2014) 250 CLR 490(2 April 2014), High Court (Australia).
  32. 1 2 "Neither man nor woman: Norrie wins gender appeal". The Sydney Morning Herald. April 2014. Archived from the original on 1 November 2014. Retrieved 26 July 2015.
  33. Davey, Melissa (18 August 2016). "Gender-diverse Victorians to be given greater freedom to change birth certificates". The Guardian. Archived from the original on 16 January 2018. Retrieved 16 January 2018.
  34. http://www.parliament.tas.gov.au/ha/proceedings/2019/HADaily10april2019.htm
  35. "Miscellaneous Acts Amendment (Marriages) Bill 2018" (PDF). Archived (PDF) from the original on 25 May 2018.
  36. "Births, Deaths and Marriages Registration and Other Legislation Amendment Act 2018".
  37. Smee, Ben (13 June 2018). "Queensland scraps law forcing married transgender people to divorce". The Guardian. Archived from the original on 14 June 2018. Retrieved 14 June 2018.
  38. "View - Queensland Legislation - Queensland Government". www.legislation.qld.gov.au. Archived from the original on 11 March 2018. Retrieved 11 March 2018.
  39. "Justice and Related Legislation (Marriage Amendments) Bill 2018". Archived from the original on 16 October 2018.
  40. "Justice Legislation Amendment (Access to Justice) Act 2018" (PDF). Archived (PDF) from the original on 29 May 2018.
  41. "Sex Affirmation". Archived from the original on 23 September 2018.
  42. "Information for those seeking a gender reassignment recognition certificate" (PDF). Archived (PDF) from the original on 29 July 2018. Retrieved 29 July 2018.
  43. "Gender Reassignment Amendment Bill 2018" (PDF). Archived (PDF) from the original on 15 August 2018.
  44. "ACT to make it easier for transgender people to alter birth certificate". Australian Broadcasting Corporation. ABC News. 16 March 2014. Archived from the original on 5 May 2014. Retrieved 4 July 2014.
  45. Lawson, Kirsten (16 February 2016). "New gender non-specific birth certificates for the ACT". Canberra Times. Fairfax Media. Archived from the original on 31 July 2017. Retrieved 16 January 2018.
  46. "Change of sex".
  47. http://www.parliament.tas.gov.au/ha/proceedings/2019/HADaily10april2019.htm
  48. https://www.bbc.com/news/world-australia-47877998
  49. https://yogyakartaprinciples.org/principles-en/yp10/
  50. "Australian Government Guidelines on the Recognition of Sex and Gender". Archived from the original on 1 July 2015. Retrieved 26 July 2015.
  51. "X Marks the Spot for Intersex Alex". West Australian. Perth. 11 January 2003.
  52. Holme, Ingrid (2008). "Hearing People's Own Stories". Science as Culture. 17 (3): 341–344. doi:10.1080/09505430802280784.
  53. Dow, Steve (27 June 2010). "Neither man nor woman". The Sydney Morning Herald. FairfaxMedia. Archived from the original on 24 April 2016. Retrieved 21 December 2016.
  54. Carpenter, Morgan (12 January 2013). "Ten years of 'X' passports, and no protection from discrimination - OII Australia - Intersex Australia". OII Australia - Intersex Australia. Archived from the original on 3 January 2017. Retrieved 21 December 2016.
  55. "Getting a passport made easier for sex and gender diverse people". The Hon Kevin Rudd MP. 14 September 2011. Archived from the original on 19 November 2011. Retrieved 23 December 2011.
  56. On Australian passports and "X" for sex Archived 2 November 2013 at the Wayback Machine , Organisation Intersex International (OII) Australia, 9 October 2011
  57. "Sex and Gender Diverse Passport Applicants". Department of Foreign Affairs and Trade. Australian Government. Archived from the original on 19 October 2011. Retrieved 23 December 2011.
  58. 1 2 3 4 5 Kelly, Fiona (2 September 2016). "Explainer: what treatment do young children receive for gender dysphoria and is it irreversible?". The Conversation. Archived from the original on 3 September 2016. Retrieved 7 September 2016.
  59. 1 2 3 4 Smith, Malcolm K.; Mathews, Ben (1 January 2015). "Treatment for gender dysphoria in children: the new legal, ethical and clinical landscape". Medical Journal of Australia. 202 (2). ISSN   0025-729X. Archived from the original on 14 September 2016.
  60. 1 2 Hewitt, Jacqueline K.; Paul, Campbell; Kasiannan, Porpavai; Grover, Sonia R.; Newman, Louise K.; Warne, Garry L. (1 January 2012). "Hormone treatment of gender identity disorder in a cohort of children and adolescents". Medical Journal of Australia. 196 (9). ISSN   0025-729X. Archived from the original on 28 August 2016.
  61. Hembree, Wylie C; Peggy Cohen-Kettenis; Henriette A. Delemarre-van de Waal; Louis J. Gooren; Walter J. Meyer, III; Norman P. Spack; Vin Tangpricha; Victor M. Montori (2009). "Endocrine Treatment of Transsexual Persons:An Endocrine Society Clinical Practice Guideline". The Journal of Clinical Endocrinology & Metabolism. 94 (9): 3132–54. doi:10.1210/jc.2009-0345. PMID   19509099.
  62. Re Alex : Hormonal Treatment for Gender Identity Dysphoria [2004] FamCA 297 , (2004) F.L.C. 93-175(13 April 2004), Family Court (Australia)
  63. "The legal history of gender dysphoria in Australia". SciMex. Science Media Exchange. 4 May 2016. Archived from the original on 27 March 2017. Retrieved 10 September 2016.
  64. 1 2 3 "Families with transgender children gather in Canberra to lobby for hormone treatment law changes". Australian Broadcasting Corporation. 22 February 2016. Archived from the original on 28 August 2016. Retrieved 7 September 2016.
  65. Bell, Felicity. "Children with Gender Dysphoria and the Jurisdiction of the Family Court". University of New South Wales Law Journal. 38 (2). Archived from the original on 27 March 2017.
  66. Re: Lucy (Gender Dysphoria) [2013] FamCA 518 (12 July 2013), Family Court (Australia)
  67. Re Sam and Terry [2013] FamCA 563 (31 July 2013), Family Court (Australia)
  68. Re: Jamie [2013] FamCAFC 110 (31 July 2013), Family Court (Full Court) (Australia)
  69. Strickland, The Hon Justice. "To Treat Or Not To Treat: Legal Responses to Transgender Young People Revisited" (PDF). Association of Family and Conciliation Courts Australian Chapter Conference Sydney, Australia, 14–15 August 2015. Family Court of Australia. p. 9. Archived (PDF) from the original on 16 March 2016. Retrieved 7 September 2016.
  70. 1 2 Cohen, Janine (15 August 2016). "Transgender teenagers 'risking lives' buying hormones on black market". Australian Broadcasting Corporation. Archived from the original on 8 September 2016. Retrieved 7 September 2016.
  71. Taylor, Josie (5 July 2016). "Chief Justice vows change to 'traumatic' court process for transgender children". Australian Broadcasting Corpoation. Archived from the original on 30 August 2016. Retrieved 8 September 2016.
  72. Bannerman, Mark (18 November 2014). "Family Court Chief Justice calls for rethink on how High Court handles cases involving transgender children". Archived from the original on 1 November 2016. Retrieved 8 September 2016.
  73. "Judge slams court process for Australian trans youth as 'inhumane'". Q News. 28 January 2017. Archived from the original on 1 December 2017.
  74. "Historic Family Court win for young transgender people". Human Rights Law Centre. 30 November 2017. Archived from the original on 1 January 2018.
  75. Re: Kelvin [2017] FamCAFC 258 (30 November 2017), Family Court (Full Court) (Australia)
  76. 1 2 3 "Medicare Coverage and Gender Reassignment Surgery". OutInPerth. 25 June 2012. Archived from the original on 23 October 2016. Retrieved 23 October 2016.
  77. Winsor, Ben (13 July 2016). "Trans healthcare is a major headache for rural Australians". Special Broadcasting Service. Archived from the original on 20 December 2016. Retrieved 12 December 2016.
  78. Hancock, James (21 November 2016). "Call for better Transgender community health services". ABC News. Australian Broadcasting Corporation. Archived from the original on 22 November 2016. Retrieved 22 November 2016.
  79. Red Book plan a step towards gay marriage Archived 30 December 2013 at the Wayback Machine , The Australian , 15 December 2010
  80. Australian Parliament, Explanatory Memorandum to the Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Bill 2013 Archived 19 December 2014 at the Wayback Machine , 2013
  81. Australia outlaws LGBT discrimination under national laws for first time Archived 5 October 2013 at the Wayback Machine , 25 June 2013
  82. 1 2 3 Alcorn, Gay (13 December 2016). "The reality of Safe Schools". The Guardian. Archived from the original on 16 December 2016. Retrieved 17 December 2016. The initiative began after La Trobe University research in 2010 found that 61% of same sex-attracted young people (aged 14 to 21) had experienced verbal abuse and 18% physical abuse; 80% of the abuse happened at school.
  83. Ryall, Jenni (27 February 2016). "Safe Schools: Everything you need to know about the controversial LGBT program". Mashable. Archived from the original on 4 December 2016. Retrieved 3 December 2016.
  84. Di Stefano, Mark (1 March 2016). "A Handy Reminder That Tony Abbott's Government Launched The Safe Schools Program". BuzzFeed. Archived from the original on 17 May 2017. Retrieved 3 December 2016.
  85. David Alexander (30 July 2016). "Queensland Government stands by Safe Schools Coalition Australia". Star Observer. Archived from the original on 11 September 2016. Retrieved 12 September 2016.
  86. Simon Leo Brown (26 February 2016). "Safe Schools: Chest binding photo removed from Christian website after complaints by young transgender man shown". ABC News. Australian Broadcasting Corporation. Archived from the original on 16 August 2016. Retrieved 19 September 2016.
  87. "Christian lobby groups claim 'radical sexual experimentation' is being promoted in schools". news.com.au. News Limited. 25 July 2015. Archived from the original on 11 September 2016. Retrieved 12 September 2016.
  88. Cavanagh, Rebekah (2 June 2016). "Roz Ward suspended from controversial Safe Schools program". Herald Sun . Archived from the original on 7 September 2016. Retrieved 21 September 2016.
  89. Brown, Greg (31 May 2016). "Jeff Kennett: Safe Schools funding lost if Roz Ward stays". The Australian. Retrieved 7 September 2016.
  90. Akerman, Pia (25 August 2016). "Indians join Chinese concerned about Safe Schools rollout". The Australian . Retrieved 31 August 2016.
  91. "Safe Schools program downsized after campaign by right-wing MPs and Christian lobby groups". SBS News. 18 March 2016. Archived from the original on 18 March 2016. Retrieved 18 March 2016.
  92. Alcorn, Gay (13 December 2016). "What is Safe Schools, what is changing and what are states doing?". The Guardian. Archived from the original on 17 December 2016. Retrieved 17 December 2016.
  93. Urban, Rebecca (25 October 2016). "Safe Schools Coalition looks to new leader as funds run dry". The Australian . Retrieved 19 November 2016.

Bibliography