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TgR Wall Forums Gender Diversity in Australia Transgender Politics & Law Human Rights Commision report on trans issues released today

  • Human Rights Commision report on trans issues released today

    Posted by Anonymous on 17/03/2009 at 3:00 am

    Here are the Human Rights and Equal Opportunity Commission’s recommendations to the government:

    http://www.hreoc.gov.au/genderdiversity/sex_files2009.html

    Recommendation 1:

    Marital status should not be a relevant consideration as to whether or not a person can request a change in legal sex.

    Recommendation 2:

    The definition of sex affirmation treatment should be broadened so that surgery is not the only criteria for a change in legal sex.

    Recommendation 3:

    The evidentiary requirements for the legal recognition of sex should be relaxed by reducing the quantity of medical evidence required and making greater allowance for people to self-identify their sex.

    Recommendation 4:

    The special needs of children and young people who wish to amend their documents and records should be considered.

    Recommendation 5:

    A person over the age of 18 years should be able to choose to have an unspecified sex noted on documents and records.

    Recommendation 6:

    Information on the process and criteria for the legal recognition of sex should be easily accessible and user-friendly.

    Recommendation 7:

    Documents of identity and processes required for the legal recognition of sex should not reveal personal information about a person’s past identity in relation to sex.

    Recommendation 8:

    Laws and processes for the legal recognition of sex should use empowering terminology.

    Recommendation 9:

    Where possible, sex or gender should be removed from government forms and documents.

    Recommendation 10:

    The federal government should consider the development of national guidelines concerning the collection of sex and gender information from individuals.

    Recommendation 11:

    The federal government should take a leadership role in ensuring that there is a nationally consistent approach to the legal recognition of sex in accordance with the recommendations of this paper, by either

    Æ’. working cooperatively with state and territory governments through the Council of Australian Governments (COAG) process to amend their respective legislation and policies in line with the recommendations in this paper, particularly in relation to birth certificates, or

    Æ’. establishing a national board with responsibility for receiving and determining applications for official recognition of a change in sex, based on the recommendations in this paper (see section 11.2), as well as securing agreement from states and territories to recognise certificates of recognition issued by such a board.

    Recommendation 12:

    The federal government should consider establishing a national office to advise and assist the public and federal government in relation to changing legal recognition of sex, as an alternative or precursor to the national board put forward

    in Recommendation 11.

    Recommendation 13:

    In the event that Recommendation 11 fails to result in sufficient support from state and territory governments, the federal government should consider legislation to:

    Æ’. amend the Sex Discrimination Act 1984 (Cth) to ensure that the protection against marital status discrimination applies in the context of married persons seeking to amend their birth certificates, to effectively override the existing discrimination under state and territory births registration legislation

    Æ’. establish a minimum national standard in respect of legal recognition of sex in documents and government records in line with the recommendations in this paper.

    Recommendation 14:

    The federal government should harmonise policies, procedures and legislation relevant to the legal recognition of sex in federal documents and records.

    Recommendation 15:

    The federal government should take immediate steps to ensure that all federal government departments and agencies provide clear and accessible information relevant to legal recognition of sex in documents and records and how those documents and records can be amended, such as by including a page on the department or agency’s website dedicated to this topic.

    The government are able to ignore these recommendations if they so choose (or if they think nobody really cares about trannies). So maybe this would be a good time to write to one’s representative and tell them you want them to support transsexual law reform.

    Anonymous replied 16 years, 12 months ago 0 Member · 0 Replies
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