ࡱ> %` )bjbj"x"x 08@@        B4 8  $v6 6 "X X X 333!######$DhDG 33333G  X X \eee3d X X !e3!ee:y,  X * лߟ X  r0.v 833e33333GGe3333333vvvD vvv 4B        1. What benefit would there be in federal anti-discrimination laws prohibiting discrimination on the basis of sexual orientation and sex and/or gender identity? Such laws would make explicit the guarantee, implied in the International Covenant on Civil and Political Rights, that LGBTI people have fundamental rights of non-discrimination and equality before the law. It would ensure that the federal government and its agencies and employees could not discriminate against LGBTI people and, if adequately drafted, would ensure (via appeal to federal courts) that LGBTI people are protected against deficiencies that exist in current state laws. 2. What benefit would there be in federal law prohibiting vilification and harassment on the basis of sexual orientation and sex and/or gender identity? I believe that such legislation sends a powerful message to anyone who is inclined to discriminate against, harass or vilify LGBTI people. A great deal of harassment is suffered by LGBTI people especially same sex attracted young people and research has demonstrated that this results in much higher rates of depression, drug abuse, self-harm and suicide. A federal law would provide a strong foundation for education campaigns aimed at changing the bullying behaviour that leads to these negative outcomes. 3. Can you provide examples of situations where federal protections from discrimination on the basis of sexual orientation or sex and/or gender identity are needed because state and territory laws do not provide adequate protections? I believe that there is inadequate protection under current state laws against discrimination on the basis of real or perceived bisexuality and yet researchers since Kinsey have shown a high incidence of bisexuality in human sexual orientation and behaviour. I believe that it should be illegal to discriminate against anyone on the basis of sexual orientation or activity that is not proscribed by other laws. The protection under current state laws against discrimination on the basis of sex and/or gender identity is very patchy and a decent federal standard would ensure that the current inadequacies could be addressed via appeal to the federal courts. 4. Have you experienced discrimination because of your sexual orientation or sex and/or gender identity for which there is no legal protection? I worked for seven years in the 1970s for the Australian Public Service. I felt very vulnerable to discrimination during that time and believe that my sexual orientation was the uncited reason in at least one instance of not obtaining a promotion. I understand that great improvements have been made in the culture of the APS since that time, but I believe that all federal public servants should enjoy at least the same explicit protections under the law as their state counterparts. 5. Have you experienced vilification or harassment because of your sexual orientation or sex and/or gender identity for which there is no legal protection? No. I am aware, however, that research shows that many LGBTI people do suffer vilification and harassment, and consequently higher levels of depression, drug abuse, self-harm and suicide. I believe that a federal law that protected them from vilification and harassment, together with education campaigns in workplaces and schools, would result over time in cultural change and a lessening of the incidence of depression, drug abuse, self-harm and suicide. 6. What terminology should be used in federal anti-discrimination legislation if protection from discrimination on the basis of sexual orientation is to be included? Any reference to the binary terms homosexuality and heterosexuality should be avoided. As stated above, I believe that there is infinite variety in human sexual orientation and behaviour. Consequently, all sexual orientation and behaviour should be protected under the law except where a specific behaviour is explicitly proscribed by law. Examples include sex between an adult and a child, and ownership or dissemination of material depicting sex between adults and children. Certainly sexual orientation is preferable to sexual preference, as the latter implies a degree of choice that, for the overwhelming majority of LGBTI people, is non-existent. 7. What terminology should be used in federal anti-discrimination legislation if protection from discrimination on the basis of sex and/or gender identity is to be included? What are the advantages or disadvantages of the terms used in state and territory laws, including: gender identity; chosen gender; gender history; a gender reassigned person; or a recognised transgender person; or transexuality? I believe that, just as there is infinite variety in human sexual orientation and behaviour, there is infinite variety in human gender identity. The formulation contained in the US bill quoted in the discussion paper is worthy of consideration i.e. gender identity is defined to be the gender-related identity, appearance, or mannerisms or other gender-related characteristics of an individual, with or without regard to the individuals designated sex at birth. Should protection from discrimination be provided if a person has or appears to have the characteristics of any gender? Yes. Gender identity, like sexual orientation, is a matter of individual identity. 8. What terminology should be used to ensure that people who identify as intersex are protected from discrimination in federal law? Should the term intersex be used? Should protection from discrimination on the basis of sex include people who are of indeterminate sex? The following is quoted from a draft document prepared by the Tasmanian Department of Education as a resource for Teachers: Though many people believe all children are born with exclusively male or female biological and physiological characteristics, this is not the case. Some children (most estimates are in the order of 1 in 1500 or 1 in 2000 people) are born as intersex with a chromosomal, reproductive or genital anatomy that is not exclusively male or female. Most intersex conditions are not visible in the course of ordinary social interactions. However, as with transgender people, intersex people are often discriminated against if their intersex status becomes known or is perceived by others. This discrimination can include medical practice where degrees of genital ambiguity have typically been considered defective or shameful and in need of surgical intervention; and the law where intersex people have generally been excluded from legal protection under existing anti-discrimination laws. Intersex condition has no bearing on sexual orientation and provides no guarantee of a particular gender identity or expression. Intersex peoples responses to their sexual status are as varied as all peoples responses to their gender identity. I believe that the term intersex is appropriate and should be used and that that such individuals should be protected from discrimination. It is the I in the acronym LGBTI now a widely used term and is entirely appropriate because it literally means between sexes. It could be defined in the legislation as referring to people who, at birth, were of indeterminate sex. 9. What special measures designed to benefit specific groups based on sexual orientation and sex and/or gender identity should federal anti-discrimination law allow? I believe that, because LGBTI people are subject to discrimination, harassment and vilification in the general community, there should be provision in the law for social venues and organisations that discriminate in favour of LGBTI people and against individuals perceived to be intent on disrupting their activities. This would ensure that these individuals could not bring charges of discrimination against LGBTI-specific venues and organisations. 10. What other actions would you like to see the Australian Government take to better protect and promote the rights of LGBTI people in Australia? I would like to see efforts made to change community attitudes towards LGBTI people, especially in workplaces and schools. Attitudinal change is difficult to bring about, but without increased efforts to decrease discrimination, harassment and vilification there will be no decrease in the incidence of depression, drug abuse, self-harm and suicide among LGBTI people.     鱨վ Discussion Paper Questions Protection from discrimination on the basis of sexual orientation and sex and/or gender identity PAGE  Page PAGE 1 Send completed submission to: lgbti@humanrights.gov.au  ! /y!eF ~"i$%&h'((((((((((ྫ񑉅h#A5jh#A5U h0hW%h?hWB*CJOJQJ^Jph%h hWB*CJOJQJ^Jph!hohWB*OJQJ^Jph!h{1hWB*OJQJ^Jph!h0hWB*OJQJ^JphhWB*OJQJ^Jph+ ! ! 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It would ensure that the federal 3..M33333322433-3232323AA33333.3232333323!^i"  T(_̇@^@OL^igovernment and its agencies and employees could not discriminate against LGBTI 43-33M32332-2432.3.3332M33-33..333333..M3232433-2H<9!^i"  Tj_̇@^@WL^ipeople and, if adequately draft333333333324323-32Tj_̇@^@W5L^ied, would ensure (via appeal to federal courts) that 32A33333.32-33333333323.32-33!^i"  T4m|_̇@^@QL^iLGBTI people are protected against deficiencies that exist in current state laws.3H<93333332323-332433.32.33.3-333-.3.232.233A.TT}m_̇@^@}L^iP 1!^i"  TT;_̇@^@L^iP 1!^i"  TX9n_̇@^@[L^iP2.3TT:n_̇@^@:[L^iP Tn_̇@^@[HL^iWhat benefit would there be in federal law prohibiting vilification and Y223332A33333233333333A333334-.333332!^i"  T\q" _̇@^@-L^iharassment on the basis of sexual orientation333..M23333333.-2.3-33333332T # q?_̇@^@#  L^i and sex and/or gender identity?323.3-333343332332-3TT@qp_̇@^@@L^iP 1!^i"  TP? v _̇@^@ VL^iI believe that such legislation sends a powerful message to anyone who is inclined to 333-333.3.234.333.333-333A33L3..342233-333A33.3.3333!^i"  T@  _̇@^@ SL^idiscriminate against, harass or vilify LGBTI people. A great deal of harassment is 3..M3332433-333..3--3H<933333=3323332323.-M33.!^i"  T x _̇@^@e L^isuffered by LGBTI people .22333-2H<933333TT Ox _̇@^@e L^iP 3TP x _̇@^@Pe L^i especially same sex attract3.33.3-.3M3.3-33.T  ux _̇@^@ e L^iled young people 32-333333333TTv x _̇@^@ve L^iP 2Tl sx _̇@^@e L^iX and 333!^i"  TL{ g _̇@^@ UL^iresearch has demonstrated that this results in much higher rates of depression, drug 3.33.233-33M33-233323.3.3-3M2.3343232.23323-.33323!^i"  T K _̇@^@8 L^idabuse, self333.3.3TT K _̇@^@8 L^iP-T K _̇@^@8 FL^iharm and suicide. A federal law would provide a strong foundation for 32L333.3.33=33333AA33433-333-32333332333!^i"  TN _̇@^@ CL^ieducation campaigns aimed at changing the bullying behaviour that l333.333.&" WMFC DD2M3342.3M332.3324233233-343333-3333T N  _̇@^@ L^iheads to these 333-233.2!^i"  T  _̇@^@ L^ipnegative outcomes.3342-333.3M3-TT  9 _̇@^@  L^iP 0!^i"  TT  _̇@^@ L^iP 1!^i"  TXR 9 _̇@^@ L^iP3.3TT:R  _̇@^@: L^iP TR  _̇@^@ FL^iCan you provide examples of situations where federal protections from B33-3333-333-3M33.2.3233.A3332333323.33-3L!^i"  TD "_̇@^@TL^idiscrimination on the basis of sexual orientation or sex and/or gender identity are 3..M3333323233-.2.3-333333332.3-333343332333-33!^i"  T% _̇@^@xAL^ineeded because state and territory laws do not provide adequate p33333333.33.2.2323322-3A.333323-3333343323T %K_̇@^@ x L^idrotections?33-33.3TTL%|_̇@^@LxL^iP 1!^i"  T( X_̇@^@EOL^iI believe that there is inadequate protection under current state laws against 333-333323-33334323233-333332.333.223A.3433.!^i"  TX\a_̇@^@WL^idiscrimination on the basis of real or perceived bisexuality and yet researchers since 3..M3333323233-.233232.3-333.3-33-333-33.32.23..3.2!^i"  T s+_̇@^@NL^iKinsey have shown a high incidence of bisexuality in human sexual orientation =3.3-33-3.34A333333.333.323.3-33.333M32.3-33333233Tdt%+_̇@^@tL^iTand 333!^i"  TL/_̇@^@UL^ibehaviour. I believe that it should be illegal to discriminate against anyone on the 3333-33233-333.33333234333.-M3332333.33-3333332!^i"  T8:_̇@^@RL^ibasis of sexual orientation or activity that is not proscribed by other laws. The 33..2.3-3333332333.--33.3333..3333-3323A.833!^i"  TL,g_̇@^@TUL^iprotection under current state laws against discrimination on the basis of sex and/or333-333333.232.323A.3433.3..M3333323233..2.3-3333TT,Dg_̇@^@,TL^iP !^i"  T@k _̇@^@SL^igender identity is very patchy and a decent federal standard would ensure that the 43332333-.-3-32.3-333233.333322.33332A33333.333332!^i"  T:_̇@^@'IL^icurrent inadequacies could be addressed via appeal to the federal courts..3323332433.3..233333333-.33-3323333333333.33-TT:_̇@^@'L^&fWMFCDDiP 0!^i"  TT_̇@^@L^iP 1!^i"  TXo9_̇@^@L^iP4.3TT:o_̇@^@:L^iP T ok_̇@^@NL^iHave you experienced discrimination because of your sexual orientation or sex B3-3-334-3333.333..M333332.33.32-33.3-333333332.3-!^i"  T>_̇@^@+L^iland/or gender id3333433333T`l >_̇@^@+.L^ientity for which there is no legal protection?33-2A3.3333-33243233-333TTm  >_̇@^@m +L^iP 1!^i"  TL _̇@^@UL^iI worked for seven years in the 1970s for the Australian Public Service. I felt very A3/333.3-33-33.3323333-233=3-333=33.=3-.32-3-!^i"  TL u_̇@^@bUL^ivulnerable to discrimination during that time and believe that my sexual orientation -33333333..M3233332433M3332234-333M-.3-33333333!^i"  T8y _̇@^@'L^iwas the uncited reason in at least one A3.3333.3233.323333.333TD yO_̇@^@ )L^iinstance of not obtaining a promotion. I 3.32.3233333324232M323!^i"  T8rH_̇@^@5RL^iunderstand that great improvements have been made in the culture of the APS since 3333.33232333L33-3M33-33-33333M333333.332223===.3.3!^i"  TdKN_̇@^@YL^ithat time, but I believe that all federal public servants should enjoy at least the same 33M233333-33333323333..2-33..3332333-233.33.2M3!^i"  TT _̇@^@,L^iexplicit protections under the law as their 3-3.332.33.3332323A3.33T w _̇@^@ L^itstate counterparts..23.233332-TTx  _̇@^@x L^iP 0!^i"  TT_̇@^@L^iP 1!^i"  TXP9_̇@^@L^iP5.3TT:P_̇@^@:L^iP TPR_̇@^@GL^iHave you experienced vilification or harassment because of your sexual B3-3-334-3333.33-.3332323.-M3323.33.32-33.3-33!^i" % 6i6^i6^66h6]h6]66g6\g6\66f6[f6[66e6Ze6Z66d6Yd6Y66c6Xc6X66b6Wb6W66a6Va6V6 6 `6U`6U 6  6 _6T_6T 6  6 ^6S^6S 6  6 ]6R]6R 6  6 \6Q\6Q 6 6[6P[6P66Z6OZ6O66Y6NY6N66X6MX6M66W6LW6L6  3."System-@"Arial- 22 =|5Australian Human Rights Co   @2 =#5mmission Discussion Paper Questionso    2 =5 |,5'@"Verdana-@ Arial--2 K|`5Protection from discrimination on the basis of sexual orientation and sex and/or gender identity  - @ !L|-- 2 K5 |,5'@"Verdana- 2 W|5 | ,5',dH|-2 S|HdPage  2 S|Hd1| 2 S|Hd |,dH|'82 b|HdSend completed submission to:   /2 b|Hdlgbti@humanrights.gov.au   2 b;|Hd |,dH|''@"Arial-  2 r|5 |,5'2 |51.  2 5 |L2 +5What benefit would there be in federal anti          2 5-|;2  5discrimination laws prohibiting      ,5'2 |Q5discrimination on the basis of sexual orientation and sex and/or gender identity?                  2 5 |,5'e2 |<5Such laws would make explicit the guarantee, implied in the             .2 5International Covenant        ,5'2 | 5on Civil an   &2 5d Political Rights    V2 325, that LGBTI people have fundamental rights of non           2 5-|,5'2 |M5discrimination and equality before the law. It would ensure that the federal                   ,5'2 |O5government and its agencies and employees could not discriminate against LGBTI               ,5':2 |5people and, if adequately draft       [2 I55ed, would ensure (via appeal to federal courts) that             ,5'2 |Q5LGBTI people are protected against deficiencies that exist in current state laws.                2 5 |,5' 2 A|5 |,5'2 c|52.  2 c5 |w2 cH5What benefit would there be in federal law prohibiting vilification and              ,5'O2 t|-5harassment on the basis of sexual orientation          ;2 t 5 and sex and/or gender identity?        2 t5 |,5'2 |V5I believe that such legislation sends a powerful message to anyone who is inclined to                      ,5'2 |S5discriminate against, harass or vilify LGBTI people. A great deal of harassment is t                 ,5'12 |5suffered by LGBTI people       2 .5|52 65 especially same sex attract       #2 5ed young people       2 e5|2 m5 and  ,5'2 |U5research has demonstrated that this results in much higher rates of depression, drug                 ,5'2 | 5abuse, self    2 5-|t2 F5harm and suicide. A federal law would provide a strong foundation for                  ,5'p2 |C5education campaigns aimed at changing the bullying behaviour that lo                  2 I5eads to these   ,5'&2 |5negative outcomes.      2 5 |,5' 2 !|5 |,5'2 C|53.  2 C5 |t2 CF5Can you provide examples of situations where federal protections from               ,5'2 U|T5discrimination on the basis of sexual orientation or sex and/or gender identity are                 ,5'm2 f|A5needed because state and territory laws do not provide adequate pf               2 f> 5rotections?  2 f5 |,5'2 |O5I believe that there is inadequate protection under current state laws against                   ,5'2 |W5discrimination on the basis of real or perceived bisexuality and yet researchers since               ,5'2 |N5Kinsey have shown a high incidence of bisexuality in human sexual orientation                 2 5and ,5'2 |U5behaviour. I believe that it should be illegal to discriminate against anyone on the e                    ,5'2 |R5basis of sexual orientation or activity that is not proscribed by other laws. The           ,5'2 |U5protection under current state laws against discrimination on the basis of sex and/ore                  2 5 |,5'2 |S5gender identity is very patchy and a decent federal standard would ensure that the o                  ,5'y2 |I5current inadequacies could be addressed via appeal to the federal courts.t                2 j5 |,5' 2 $|5 |,5'2 F|54.  2 F5 |2 FN5Have you experienced discrimination because of your sexual orientation or sex                    ,5'#2 X|5and/or gender id      P2 X.5entity for which there is no legal protection?          2 X5 |,5'2 z|U5I worked for seven years in the 1970s for the Australian Public Service. I felt very e                 ,5'2 |U5vulnerable to discrimination during that time and believe that my sexual orientation e                     ,5'F2 |'5was the uncited reason in at least one       I2 )5instance of not obtaining a promotion. I         ,5'2 |R5understand that great improvements have been made in the culture of the APS since                ,5'2 |Y5that time, but I believe that all federal public servants should enjoy at least the same                  ,5'M2 |,5explicit protections under the law as their       (2 5state counterparts.    2 5 |,5' 2 |5 |,5'2 |55.  2 5 |v2 G5Have you experienced vilification or harassment because of your sexual                ,5'-55555555444444444444333333333333222222՜.+,0 hp|  X '  Title  !"#$&'()*+,-./012456789:;<=>?@ABCDEFGHIJKLMNOPQRSTUVWXYZ[\]^_`abcdefghijklmnopqrstuvwxyz{|}~Root Entry F,ߟData 1Table%WordDocument08SummaryInformation(3PDocumentSummaryInformation8CompObjq  FMicrosoft Office Word Document MSWordDocWord.Document.89q