ࡱ> ?A>` bjbjss .* 8 222(Z zzz8N$r2uuu;======$hVazuuazzvzz;;:7,zz vdc $0mRzXu>,$uuuaarduuuR R zzzzzz SUMMARY POINTS FROM ACONS SUBMISSION TO THE HREOC INQUIRY Congratulate the Commissioner on undertaking this important inquiry. ACONs submission to the inquiry is based on our understanding of the relationship between discrimination and social exclusion, and the health and wellbeing of individuals and the communities in which they live. Social exclusion negatively impacts on health and wellbeing this impact is not just on the individual but also on the wider community. Current policies that do not recognise the entitlements of same sex couples reinforce social exclusion and legitimise the discrimination and homophobia that gay and lesbian people are subject to. GLBT Australians are subject to high levels of discrimination in the workplace, at school, and on the street. Many face discrimination and exclusion from their biological family because of their sexual orientation. There is evidence to suggest that GLBT people are also subject to discrimination when accessing medical services. Discrimination against same-sex attracted people, their relationships and their families, manifests itself through a number of poor health indicators. A survey of the health and wellbeing of 5476 GLBTI Australians in 2006 found that 33% had experienced depression and there is significant evidence to suggest a strong correlation between homophobia and higher levels of drug and alcohol abuse. While we recognise that removing legislative inequality against same-sex relationships will not end homophobia and homophobic abuse in Australian society, it is an important step in challenging the stigmatization, discrimination and social exclusion experienced by GLBT Australians. Some members of our communities are particularly vulnerable and doubly disadvantaged by systemic discrimination. PLWHA face discrimination based on their health status as well as their sexuality. Additionally there are specific areas which are responsible for financial and non financial burden. These are outlined in our submission and further information is provided (in response to the questions received from HREOC) in the supplementary submission. Legislative discrimination contravenes the human rights guaranteed under a number of human rights instruments including the International Covenant on Civil and Political Rights, Convention on the Rights of the Child and the Right to Health under the International Covenant on Economic, Social and Cultural Rights. Our recommendation is that Federal legislation that should be amended (but is not limited to) includes: Health Insurance Act 1973 National Health Act 1973 Workplace Relations Amendment (Work Choices) Act 2005 Workplace Relations Act 1996 Income Tax Assessment Act 1936 Income Tax Assessment Act 1997 Superannuation Industry Supervision Regulations Aged Care Act 1997 Social Security 1991 NSW legislation that needs to be amended (not limited to) includes: Adoption Act 2000 Status of 鱨վ Act 1996 Industrial Relations Act 2000 We also recommend that the introduction of a Federal Anti-Discrimination Act that covers discrimination on the basis of sexuality. This is essential to addressing the social discrimination that exists against GLBT Australians.  See J.Irwin (2002), The Pink Ceiling is Too Low: Workplace Experiences of Lesbians, Gay Men and Transgender People, Australian Centre for Lesbian and Gay Research, University of Sydney, Sydney  See L. Hillier, A.Turner, A.Mitchell (2005) Writing Themselves In Again: The 2nd National Report on the Sexual Health & Wellbeing of Same-Sex Attracted Young People in Australia, Australian Research Centre in Sex, Health & Society (ARCSHS) La Trobe University, Melbourne Australia  See Attorney Generals Department of NSW (2003) You Shouldnt Have to Hide to Be Safe: A Report on Homophobic Hostilities and Violence Against Gay Men and Lesbians in NSW  See Victorian Gay and Lesbian Rights Lobby (2000) Enough is Enough: A Report on Discrimination and Abuse Experienced by Lesbians, Gay Men, Bisexuals and Transgender People in Victoria, Melbourne  M.Pitts, A.Smith, A.Mitchell, S.Patel (2006) Private Lives: A Report on the Health and Wellbeing of GLBTI Australians, Australian Research Centre in Sex, Health and Society, La Trobe University, Melbourne, p.31  Above n3, at 43     -:;<U     tcKcKcKccKc=cKhxB*OJQJ^Jph.jhxhx0JB*OJQJU^Jph!hxhxB*OJQJ^JphhFB*OJQJ^Jph!hFh,HB*OJQJ^JphhB*OJQJ^Jph!hFhFB*OJQJ^JphhWwB*OJQJ^Jphh,H5OJQJ^JmH sH h*w5OJQJ^JmH sH hD5OJQJ^JmH sH #hDhD5OJQJ^JmH sH ;< gh &?u & Fdhgddhgdx  Dfg  !%&:>?ptu$()ȺȐuuuueueuuuuhh6OJQJ\^JhhOJQJ\^JhhOJQJ^Jhh6OJQJ^JhB*OJQJ^JphhWwB*OJQJ^Jphh[eB*OJQJ^JphhxB*OJQJ^Jph.jhxhx0JB*OJQJU^Jph!hxhxB*OJQJ^Jph&)*ne-gdxdhgd & Fdhgddhgdx & Fdhgd)*mnzef,-.a!ҿp]Ph[rhxOJQJ^J%jh[rhx0JOJQJU^Jh! hx6H*OJQJ^Jh! hx6OJQJ^Jh! hxOJQJ^J%jh! hx0JOJQJU^J!hFhFB*OJQJ^Jph$hh6B*OJQJ^JphhWwB*OJQJ^JphhB*OJQJ^Jph!hhB*OJQJ^Jph!iʹ!hFhFB*OJQJ^Jphjhe%Uhe%%jh[rhx0JOJQJU^Jh[rhxOJQJ^Jh[rhx6OJQJ^J,1h/ =!"#$% @@@ NormalCJ_HaJmH sH tH DA@D Default Paragraph FontRiR  Table Normal4 l4a (k(No ListJ@J F Footnote TextCJaJmH sH tH @&@@ FFootnote ReferenceH*P%7:*;<gh & ? u   ) * n e -0000000000000000000 0 0 0 0 0 0 0 0 000 0 0 000000@0@0@0@0@0@0007@0h00@0h00@0h00@0h00h000;<& ? u   ) K00K00K00K00ZZK00K00K00K00K00@0K00K00K00@0I01I01@0@0 007K00K00 007  )! 8@0(  B S  ?-4 ,R-4 R-4 B -4 8*urn:schemas-microsoft-com:office:smarttagsCity9*urn:schemas-microsoft-com:office:smarttagsplace 8  w  Z_  ? u *  o2fvg~L808^8`0o(.h^`OJQJo(hH pLp^p`LhH. @ @ ^@ `hH. ^`hH. 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