Since October last year, Australia’s Human Rights Commission has been busy canvassing Australians on whether the LGBTI community needs federal anti-discrimination protection. On May 4, the AHRC released its ground-breaking consultation paper ‘Addressing sexual orientation and sex and/or gender diversity discrimination’.
But do we really need these laws and what will they actually do?
Australia’s Human Rights Commission, the Hon. Catherine Branson spoke to OUTinPerth about the implications of federal government protection on the morning of the report’s release.
How important is it to have a national consistency on anti-discrimination laws?
The symbolic significance of the change in the law in this area is something we have to recognise. We saw with the enactment of the Sex Discrimination Act; it did help shift attitudes about discrimination towards women and I think this change is of a kind that those who came to us on this consultation are looking for, it would change attitudes. I also think, very importantly, they could help build up the resilience and self-esteem of our young people, particularly those who are same-sex attracted. We know that they experience bullying and harassment, including in their school yards, and it is important that they grow up with high levels of self-esteem and that they are resilient members of our community.
Facts:Australia’s states and territories have their own anti-discrimination laws in place to protect their LGBTI people. However, the definitions for sexuality vary from state-to-state. For example, in NSW the term ‘sexuality’ only describes a male or female homosexual who can access those anti-discrimination laws. In Victoria, ‘sexual orientation’ includes homosexuals, bisexuals and heterosexuals and in the NT, they use ‘sexuality’ which covers homosexuals, bisexuals, heterosexuals and transsexuals.
Do you believe cultural change could result from changing federal laws?
I certainly do. As I mentioned we saw it with the passage of the Sex Discrimination Act… Very quickly attitudes changed, I think a statement from the federal government that certain behaviours are unacceptable, does shift attitudes. Here, of course we are in the happy position that both of the major political parties have said that they support changing the law; to make discrimination on the grounds of sexual orientation or sex and/or gender identity unlawful.
Facts:In the report, a ‘significant number of comments argued that federal legislation would send a powerful message that discrimination on the basis of sexual orientation or sex and/or gender identity is unacceptable’. The report also found ‘overwhelmingly, participants argued that introducing such protections would result in significant benefits for the Australian community as a whole’.
The report talks about an alarming level of violence experienced by LGBTI people. Anecdotally we know that many LGBTI people have hesitated in reporting crimes to police. How can this be improved?
I think we really must do what we can to address violence, harassment and bullying in our communities across the board but to learn, as we have, from quite reliable statistical surveys have that people who are experiencing discrimination … are disproportionately experiencing violence is extremely disturbing. We heard some very troubling reports during the course of this consultation, particularly around gender identity and violence. I think education is part of the key; just improving the understanding of the broad population around issues such as sex and gender identity is extremely important.
Facts: The vilification and harassment of LGBTI people has a strong impact on many aspects of their lives. In 2010, the Writing Themselves In 3 report found 61 per cent of young queer people had experienced verbal abuse while 18 per cent had experienced physical abuse – almost one in five young people. The report also found ‘in comparison with those who reported no abuse, twice the number of young people who suffered verbal abuse, had attempted suicide and four and half times the number of young people who had been physically assaulted, had attempted suicide’.
Will the Commission be supporting faith-based exemptions for anti-discrimination laws?
Well, this report is not a report that contains recommendations from the commission or the commission’s position on particular issues… The commission itself will put considered views to the government as part of our contribution to the government’s proposal to harmonise and consolidate Australia’s sex discrimination laws; we’ve not yet done that… Look, it’s a difficult area. Freedom of religion and belief is also an important human right as is the right to equality. What we need to do as a nation is reach an understanding as how these things can be balanced in a way that ultimately reflects the views of the Australian population.
Facts: Exemptions to anti-discrimination laws are in place to protect other human rights like the freedom of religion and belief or freedom of expression. In the report, many people argued against these exemptions while some participants, particularly faith-based organisations, argued for them. The most recent example of faith-based exemptions in practice was last year when Victorian queer youth group WayOut won a court case for unlawful discrimination against a Christian Youth Camp, despite the organisation trying to defend its actions on faith-based exemptions.
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Benn Dorrington
