Page 5262 - Week 14 - Wednesday, 18 November 2009
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explore some of the barriers the transgender community face. As the title of the exhibition suggests, gender rights are human rights. It is important in recognising this point that we also recognise that gender rights include transgender rights. We have signed up to the Human Rights Act in the ACT and we therefore need to live up to this commitment and continue to lobby for real law reform on issues of gender diversity. I note that the civil partnerships legislation has taken an active approach to promoting the human rights of gay and lesbian Canberrans. Although this is a significant step forward in terms of equal opportunities for same-sex relationships in the ACT, we still need to do more to address transgender relationships.
I would like to share some points Dr Helen Watchirs, the ACT Human Rights and Discrimination Commissioner, gave when opening the transgender exhibition in the Assembly. Dr Watchirs made some very valid points about the ACT’s responsibility to truly fulfilling the Human Rights Act in terms of the gender diverse community, particularly in recognition of sex in official documents such as birth certificates. Dr Watchirs noted:
In the Commissioner’s view—
this is in relation to the Birth, Deaths and Marriages Registration Act—
this law is inconsistent with the human right to equality and recognition before the law and the right to privacy, which are protected under the Human Rights Act. The Yogyakarta principles on the application of human rights law to gender identity provide that “no one shall be forced to undergo medical procedures, including sex reassignment surgery, sterilisation or hormonal therapy, as a requirement for legal recognition of their gender identity.
What this shows is there is still significant prejudice towards the transgender community. As the ACT human rights commissioner aptly states, formal equality is not enough to rectify systemic and inherent discrimination against the gender diverse community. The reality is there is still a long way to go to apply human rights in a principled way to reform its existing laws and policies.
I would like to conclude by once again welcoming this excellent exhibition in the Assembly. It has exposed the many faces of the transgender community, including the many challenges and adversity these communities face. However, it also shows the compassion and solidarity of the intersex and gender diverse community. The Greens strongly support law reform to promote the equality of rights of gender diverse people in the ACT. The civil unions legislation passed in the Assembly is a significant step forward and it has provided a foundation for further law reform.
Question resolved in the affirmative.
The Assembly adjourned at 6.44 pm.
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