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Part One – General Submission from Coalition of Activist Lesbians Australia Introduction Coalition of Activist Lesbians Australia (COAL) is a national autonomous community-based group working to investigate, comment on and advocate for the equitable inclusion of lesbian women in Australian life. We are informed by human rights principles and by feminist perspectives and are in dialogue with other lesbian, women’s, lesbian gay bisexual transgender intersex (LGBTI) and general community groups internationally, nationally and locally. COAL has participated in the international arena, being an accredited Non-Government Organisation with the United Nations Economic and Social Council (ECOSOC) as well as the Division for the Advancement of Women. It should be noted that to date COAL is the only lesbian specific non-government organisation (NGO) in the world to have this accreditation. In federal, state/territory and local government jurisdictions COAL has been involved in promoting participation and equity for lesbian women in public, private and community sectors. Because COAL is a lesbian organisation and lesbian interests are our core business this submission will focus on lesbians, rather than addressing the generic same-sex rubric. As a number of LGBTI organisations are also making submissions to this Inquiry and there will obviously be some overlap of issues raised, we will focus on aspects that we consider warrant particular consideration for lesbians’ equitable entitlements and participation. It is the position of this organisation that autonomous lesbian views should always be sought and valued as generic LGBTI or sexual minority organisations can not fully express lesbian views. Put simply, as lesbian women we understand our social position to be mediated by both gender and sexual orientation, whereas LGBTI views tend to concentrate solely on the sexual orientation approach. This diversity of views and approaches should be seen as valid and complimentary. See also Additional Comments at the end of this submission. Comments Relevant to this Submission Throughout this submission reference will be made to discrimination, homophobia and heterosexism. By discrimination specifically against lesbians it is meant all forms of discrimination or unequal treatment based on the grounds of the intermix of sexual orientation and gender. Homophobia refers to the intolerance and underlying fear of homosexual persons, and again the aspect of gender is frequently pertinent to lesbians. Heterosexism refers to prejudice and/or discrimination against people whose primary intimate relationship is not heterosexual. Much can be said about the relevant behaviours and yet it is only by experiencing such inequalities and unfairness that one really knows their impact. Granted some heterosexual people may experience sexuality discrimination, however such a simple reversal is not a true analogy as the social power relations are weighted in favour of the dominant cultures and influences of heterosexual people. This submission will address contextual and theoretical issues as well as practical aspects of the entitlements of lesbian women. It is hoped that considerations of these will be given credence as one would when speaking with persons from diverse cultural and linguistic backgrounds. Acknowledgement of perspectives and experiences of the very subjects of this Inquiry – specifically here lesbians - should form the basis of information received, rather than comments by observers, in particular those who do not accept the equal participation of lesbian women. The title of this Inquiry refers to “people in same-sex relationships”. It should be noted that in financial, work-related and other areas of life the fact that a woman is a lesbian per se is often taken as a detriment. While revealing to others that one’s partner is a woman will confirm a woman’s lesbian status, there are many other aspects of lesbians’ lives besides relationships which are particular to lesbianism. It cannot be denied that it is the fact that a woman is a lesbian that will cause detriment and inequities in the workplace and other areas of social engagement. It is submitted by this organisation that only to consider the relationship aspects of lesbians’ participation in those areas designated by this Inquiry is much too limited. It should also be noted that the recently released Private Lives survey of LGBTI Australians (La Trobe University Victoria and others) revealed that the majority of participants were not currently in a relationship. We wish to make a brief comment about the rights aspect of this Inquiry. The term rights is often used in relation to discrimination, and that means the discrimination brings into play the need for rights not to be discriminated against. Lesbians are not asking for their rights to be elevated as we do not see a hierarchy of rights. What we mean when we talk of rights is the right to be equal. So to be more precise it is equality which is our goal. Another aspect is that of competing rights wherein two groups may seem to be in opposition. This can only reflect a paucity of understanding of possible solutions or outcomes. In recent years there have been some conflicting views concerning the rights to gather and organise of autonomous lesbian groups who share cultural and identity values, specifically lesbians born female and raised as women. It is suggested that efforts be made to accept the contexts of genuine autonomous lesbian groups and their rights generally including the right to freedom of association, without recourse to prioritising diverse interests. The fact that lesbian women are not mentioned explicitly under various international human rights conventions should not deter Australian governments from providing specific and named inclusion in domestic legislation and policy. Legal Justice, Social Justice and Equitable Participation That all entitlements of all Australians must be equal should be the baseline for governments. COAL takes a social view of legal entitlements, human rights and participation rather than a purely legalistic one. Australia has been an active participant in the United Nations since its inception and is a party to most human rights conventions, in particular: the Universal Declaration of Human Rights (UDHR), International Convention on Civil and Political Rights (ICCPR), International Convention on Economic and Social Rights (ICESR), Convention on the Rights of the Child (CRC), Convention on the Elimination of Racial Discrimination (CERD) and Convention on the Elimination of all Forms of Discrimination against Women (CEDAW). Australians therefore have the legitimate expectation that our governments will ensure that all citizens have full enjoyment of those rights. This requires adequate coverage in our domestic legislation as well as appropriate policy and implementation activity. The nexus between the law and society should be recognised on all levels. Therefore parliaments, governments, the public, private and community sectors and the judiciary should be mandated to make social justice and equitable participation a prime outcome. Although this may seem to be grand theory and idealistic there are compelling reasons why the subject matter of this Inquiry should be given genuine, rather than tokenistic attention, and relevant action taken. The universalist or formal equality approach has not served lesbian women well. Two statutes are noted as examples. The Sex Discrimination Act 1984 (Cth) does not recognise sexual orientation hence lesbian women’s rights are not even anticipated. Concerning discrimination against lesbians, without reference to sexual orientation there are no specific grounds upon which to address the inequalities and injustices experienced by lesbians. It is also significant that this statute was implicated in the debate concerning the exclusion of lesbian women from use of fertility services. The Family Law Act 1975 (Cth) is silent as to lesbian couples, parenting and lesbian families. Although there are some possibilities for interpretation concerning people significant in children’s lives this can lead to conflicting situations between family members of one mother and the exclusion of the lesbian co-mother (non-biological mother). It should be understood that the vast majority of “same-sex” couples raising children are lesbians. Not only can lesbians come to a lesbian partnership with children from a former heterosexual relationship, but many lesbians, either in “same-sex” relationships or single, conceive and rear children of their own. Granted some gay males may have parenting responsibilities at various levels, but it is extremely unusual for them to have primary or sole parenting care of children. It is submitted that this Inquiry give primary attention to issues relevant to lesbian mothers and families with regard to these aspects of family law. It is our contention that legislation, policy and programs must promote substantive justice, and therefore should reflect the reality that as the playing field is not level, equal input does not achieve equal results. Outcomes should always be considered, and although evaluation is often a costly matter, well constructed and managed evaluation will give better understandings than merely reviewing of complaints files and/or reacting to antagonistic bystanders and commentators. We submit that all legislative and policy changes should be accompanied by statutorily mandated evaluation and the publication of same, and which must give weight to the views of the subject group. It is only through consistent attention to social justice and the promotion of equitable participation that substantive justice will be achieved. It is the experience of COAL members and other lesbians that over the years when addressing the exclusion or unequal treatment of lesbians we have been met with the mantra “this includes all women”. Formal equality is tokenistic if lesbians’ needs are still ignored and social justice for lesbian participants is lacking. By lesbians’ needs it is meant the necessity to address exclusion or partial treatment, the making lesbians invisible and the denial of harassment, discrimination, victimisation and vilification and other detriments. The Law It is through the various states and territories’ equal opportunity/anti-discrimination legislation that harassment, discrimination etc. against homosexuals (variously stated) has been made unlawful. However, it can be established that those complaints or cases that come before tribunals and courts are just the tip of the iceberg. As a national lesbian community organisation we are in touch with lesbian women in all walks of life, occupations, workplace sectors, cultures, abilities and ages. We are reliably informed that the pervasiveness of all forms of discrimination and indeed hate crimes is so much greater than ever comes to officialdom. There is a pressing need for comprehensive federal, state and territory legislation to be put in place. Further this legislative program should be informed through broad community consultation rather than responding to a small number of high profile organisations or merely reflecting complaints, so that it is pro-active rather than reactive. A complete overhaul of federal discrimination and equal opportunity legislation is essential and reforms must include all forms of discrimination and the explicit naming of homosexual or sexual orientation grounds, making provision for civil and criminal remedies and penalties. Statutory reform must include provision of funding for the public sector as well as the community sector for education, promotion and training concerning anti-homophobia and anti-heterosexist practices. Civil society and governments alike should take up this challenge. It would be a pity for the federal government to rely on the problematic adage that social reform effortlessly follows law reform. It was a positive and productive step for New South Wales to establish a section within the Attorney-General’s Department in parallel with the introduction of the Property (Relationships) Act 1984 (NSW) to provide relevant community education and public promotion. It is also commendable that the NSW AGD has consulted with and worked with community organisations in these endeavours. COAL considers the omission of sexual orientation as a specific ground for discrimination complaints and remedies in federal legislation to be a serious flaw in this country’s legislative provisions. Because sexual orientation or homosexuality is not explicated in the Human Rights and Equal Opportunity Commission Act 1986 (Cth) there is less weight for recognition under other statutes eg. Workplace Relations Act 1996 (Cth). The denial of sexual orientation as a social factor in the lives of women makes lesbian women invisible. It may be pertinent to remind people that just because heterosexual people are more prevalent it does not make them ‘more’ normal than homosexuals: or even normal per se, with the converse being applied to the statistical minority. So specific inclusion – sexual orientation, lesbian and gay or even sexual identity – is important in countering invisibility wrought through use of generic terms such as women, same-sex, people / persons, employees. It is suggested that just as Australian consciousness has developed from mere awareness of peoples from cultures and backgrounds other than the British Isles to embracing multi-culturalism, so too we are moving towards positive understandings and equitable approaches concerning lesbians, sexual diversity, lesbian (“same-sex”) relationships and parenting. As an advanced western nation with a high material standard of living it is important that lesbians are not subjugated or omitted from the legal, social and economic benefits available to heterosexual people. The fact that federal statutory laws continue to discriminate against lesbians, whether explicitly like the Marriage Act 1961 (Cth) or implicitly like the Medicare Levy Act 1986 (Cth) should provide a strong impetus for genuine reform. As indicated above this submission is not addressing all areas of inequitable entitlements, however we strongly urge the government to undertake a reform program and right the many wrongs ie. legal discriminations which still impact on lesbian women and gay men. The following statutes are noted as among those warranting necessary amendments (this also includes the relevant Regulations): Family Assistance Act 1999 (Cth) Family Law Act 1975 (Cth) Health Insurance Act 1973 (Cth) Human Rights and Equal Opportunity Commission Act 1986 (Cth) Income Tax Assessment Act 1936 (Cth) Marriage Act 1961 (Cth) Medicare Levy Act 1986 (Cth) and associated legislation National Health Act 1953 (Cth) Safety, Rehabilitation and Compensation Act 1988 (Cth) Superannuation Act 1976 (Cth) and associated legislation Veterans’ Entitlements Act 1986 (Cth) Workplace Relations Act 1996 (Cth). International Human Rights Instruments and Participation It is submitted that the government should enter into the Optional Protocol of the Convention on the Elimination of all Forms of Discrimination against Women (CEDAW) as consistent with achieving the provision of individual women’s access to the relevant United Nation human rights complaints mechanism. We are aware of the recent changes to the UN’s human rights bodies and the current uncertainty about the role of the new Human Rights Council. However, this should not deter recognising and acting to enable Australian women to have the right to access the UN under CEDAW. It is also submitted that the federal government ensure that its consultations and research in preparation for reporting to the various ECOSOC and other UN bodies include a wide range of community organisations and civil society generally. The current focus on ‘peak bodies’ may be more manageable for governments, but does not achieve thorough coverage of interests and organisations. Last year’s preparation for the official government report and delegation to the 49th Commission of the Status of Women was a case in point where known lesbian groups active in community matters were neither approached nor included. It is important for established community groups and those engaged in rights and equity advocacy to keep abreast with international trends and to represent views from the Australian community. In 1995 COAL was in receipt of funding from the Office of the Status of Women to assist in sending a delegation to the Beijing World Conference and Forum on Women. However since then the participation of lesbian NGOs in international and UN events has been severely hampered through the lack of funds. At this time we know of no autonomous lesbian organisation within Australia to be currently in receipt of public sector funding, this being a reflection of current policies on funding community groups. Hence the difficulties in covering costs of international travel, accommodation and conference fees makes it impossible for lesbian women to participate in relevant conferences etc. unless they are able to fund themselves as individuals which is rarely possible. COAL submits that federal funding be made available on a regular basis to assist representatives of lesbian organisations attending relevant international events, thus strengthening understanding of and work for equity and participation. Homophobia and Health It is well established that socio-economic status and health are directly related. The World Health Organisation (WHO) has recognised that racism / racial discrimination have negative health impacts, stating that the fundamental principles of equality and freedom from discrimination are critical factors for health. So too studies have shown that homophobia is hazardous to health and that the constant stress of experiencing repeated, continual and realistically anticipated homophobia is a major factor in the lives of the majority of homosexual people. A recent study by the Australia Institute mapping homophobia by location and demographic factors has shown that homophobia - that is homophobic attitudes - is the norm for Australians. Thus revealed are both sides of the equation: homophobes and recipients. While in Australia HIV and AIDS has been a prominent health concern for gay men in particular, professional literature would bear the evidence that homophobic related illnesses for lesbians and other LGBTI people, both physical and mental, is a far more prevalent health issue. Lesbian health issues have received attention on a community level (eg. COAL’s 1997 paper by Myers and Lavender) as well as in professional and state circles (eg. formation of Australian Lesbian Medical Association, establishment of Gay and Lesbian Health Victoria). We submit that legislation should be introduced both federally and in states and territories to ensure that dedicated state health organisations be established and maintained to address lesbian and broader LGBTI health. * For further aspects on health please see Part Two from Convenor of COAL Jack Draper. Additional Comments Concerning this Inquiry Terminology Many lesbian women, and indeed other people, are not only happy to refer to homosexual women as lesbians, but prefer to use that specific term. As only a woman can be a lesbian, use of this term is specific and unequivocal, whereas queer, gay or GLBTI does not indicate gender. It should also be noted that conflating the identification, issues and interests concerning sexual orientation with gender re-assignment, as happens with LGBTI and queer groups, often blurrs issues, hinders understanding and makes for uncertainty. Timing It is our view that the two month period given for community discussion and submissions has been far too short. As this is the first major national investigation into LGBTI issues by HREOC, indeed by any arm of the federal government, a five or six month period would have allowed for broader community exposure and response. Community Consultations May we suggest that the Inquiry’s program for community consultations consider the following suggestions: Five or six months be allowed to enable thorough coverage of rural, regional and remote Australia rather than concentrating on the main metropolitan centres and one or two regional centres as so often happens when community consultations are sought. Publicity to be as far-reaching as possible. Use of local newspapers, including the free local ones, those servicing non-english speaking cultural groups and LGBTI publications beyond the prominent ‘pink press’ of Sydney, Melbourne and Brisbane. Radio, email groups, websites and hard copy leaflets should also be used. Facilities be made for LGBTI people who have hearing, speech and/or sight disability or mobility restrictions eg. TTY telephone, ordinary phone links and even teleconferencing. The latter two modalities should be offered to all LGBTI people regardless of ability status. That it is most important to acknowledge that not all lesbians or indeed LGBTI people are the same. Mardi Gras or Pride Festival images do not accurately reveal the breadth and subtleties of the diversity of LGBTI people across age, culture and ethnicity including Indigenous Australians, education, income levels, class locations and interests. It should also be recognised that due to historical and continuing homophobia, heterosexism and discrimination, many lesbians seek to hide their sexual orientation, thus what you see and those who respond to the call to participate in this Inquiry will reveal only a partial picture of lives and experiences. Concluding Remarks COAL commends the Human Rights and Equal Opportunity Commission on establishing this Inquiry. It has been obvious for many years that federal recognition of lesbians and LGBTI peoples generally has been lacking. We urge the Inquiry to give it all the due attention and skills necessary to move forward in the achievement of rights and equitable participation for Australians who are not heterosexual. We hope that you will respond favourably to the content of COAL’s submissions and make further contact with this organisation so that government and community can work in partnership. END OF PART ONE PART TWO Statement from Convenor of Coalition of Activist Lesbians, Jack Draper I am currently employed as a lesbian health worker in Campbelltown, NSW. I have spent the last five years employed as a lesbian community development worker in the Illawarra, NSW and I run a training consultancy Sybil Services, that provides training to workers and members of community organisations and Government employees in how to provide lesbian friendly and appropriate services. I train heath workers with the NSW Education Centre Against Violence about abuse in same sex relationships. I am the Convenor of the Coalition of Activist Lesbians-Australia (COAL) and have been an active member for 11 years. COAL has United Nations accreditation with CEDAW, has ECOSOC status, and has participated in reports to the UN at the Fourth World Conference on Women, in 1995, the Beijing +5 Review, 2000 and the Ten Year Review of the Beijing Platform for Action 2005. I have personally counselled and listened to many lesbians’ stories about their experiences of being lesbian in a hostile environment. I continually hear about the discrimination that lesbians and their children face daily in their lives in Australia and I see the effects that this has on the health and wellbeing of lesbians and their children. While individual law reform is a must, my comments concern the social consequences of the discrimination in law and the prejudiced attitudes of leaders and fellow citizens. The issues include: Heteronormativity, where lesbians are seen as outsiders and life is skewed to heterosexuals. Overt and covert discrimination. Phobic attitudes of service providers. Everyone in Australian society is considered to be heterosexual until they point out that they are not. This means that lesbians have to declare their sexual identity in all sorts of inappropriate and public places. Eg. Recently I was renewing my car insurance. The service provider assumed my partner was a male, asking me for “his” name. I needed to correct this gendered assumption and come out as a lesbian by pointing out that my partner was a “she”. Further on, the form required me to name my daughter and her partner on the policy as occasional drivers. The woman I was speaking with again assumed my daughter had a male partner when requesting the details. Heterosexist attitudes, combined with narrow sexualised views of lesbians (a common misconception fuelled by pornography is that being lesbian is all about sex,) leaves lesbians vulnerable to abuse. Seemingly simple tasks become complex and potentially dangerous. Many lesbians are berated by service providers, family or community members. The invisibility of lesbians in our community and the few stereotyped depictions of lesbians in the media enable many Australian citizens to enact discrimination against lesbians and their children. As the research shows, most lesbians do not make formal complaints about the discrimination they experience for fear of further discrimination, or of not being taken seriously, or of having to declare their sexuality (“come out”) or of not having the resources both financial and emotional to bother. The stories I have been told include: A librarian at a council run library in south western Sydney, described being asked to remove a small rainbow flag from her desk for fear of offending other workers. This lesbian said that because the order came from her boss she was not willing to challenge this or make a complaint. She also described how books on gay sexuality were kept out the back and library members had to individually ask the librarian for access to them. A lesbian working in a NSW government department described to me having obscene emails sent to her, including sexualised cartoons of lesbians, pornography and at one point a sex toy was left on her desk. When she spoke with her supervisor she received more harassment and left her place of employment. A lesbian involved in a motor vehicle accident where her partner of seven years was killed was ignored as next of kin at the hospital. Despite arriving at the hospital in two ambulances from the one accident scene and her telling them over and over that this was her life partner, workers at the hospital recognised the dead lesbian and contacted her uncle to identify her body. The lesbian was discharged and sent back to their shared home three hours later with no further contact from the hospital, despite having just seen her partner of seven years killed by their own vehicle and having been knocked over by the car herself. This lesbian needed to access a solicitor to maintain her right as next of kin, in order to make funeral arrangements and organise the dead lesbian’s estate. The police did not accept her claim as next of kin for several days and visited the house to ask specifically about their relationship in inappropriate ways. A lesbian mother told me she was banned from seeing her two teenage children by their father because he says, she is a sinner. She is unprepared to fight this as she believes it will be too humiliating publicly, especially within her church and she fears it would be destructive for her children and other family members. A lesbian visiting a Women’s Centre in the Illawarra was verbally abused and threatened by a worker in front of the co-ordinator of the centre. She was told to “get her dirty lesso friends out of the centre”. This lesbian made a complaint to the NSW Anti-Discrimination Board but felt at the end of the process that natural justice had not been achieved. A lesbian told me that she and her partner went to Canada to get married. They returned to Australia, where their marriage is not recognised, had a child together and then the marriage ended. The lesbian wanted a divorce but was unable to obtain one in either Canada or Australia. Two lesbians in NSW told me they want to have a child together but believe they will have to move interstate (ACT) for the birth, so that both their names can be on the birth certificate and they each can be legally recognised. A young lesbian at a Wollongong high school told me that when she confided to a friend that she might be a lesbian, the story circulated in the school quickly. After school, in the car park, hostile school students held her still as they drove a car over her feet, all the while yelling verbal harassment. She told me she was too frightened to tell a school authority, to seek medical advice or speak with the police for fear of further violence and of having to tell her parents. A lesbian told me of continual and escalating sexual abuse based on her sexuality from co-workers in a Canberra company. The abuse included having her co-workers watching pornography on their computers whilst sitting beside her. The work situation escalated when she complained to her boss. The harassment increased and she complained to ACT discrimination authority. It took two years for the complaint to be finalised and at the end she said to me that making the complaint just gave them a chance to further harass her through written statements which included lies and innuendos about her sexual life. She ended up moving interstate to get work and recover from the experience. I have received complaints from lesbians in Victoria and South Australia that the equal opportunity laws in their states are being used to deny them the right to freedom of association and access to their cultural activities. They believe that the tradition of lesbian gatherings held annually around Australia, organised and attended by lesbians who have been both born and raised female should be allowed to continue and that the rights of transgendered lesbians (born male, identifying as female and as lesbian) are overriding their rights to freedom of association. I have been told by many lesbians of their concern that Australia has not signed the Optional Protocol to CEDAW and that this limits their ability to uphold their human rights as lesbians in Australia. These are a selection of the complaints that I hear. Despite the anti discrimination / equal opportunity legislation that we do have, it is clear it is not meeting the needs of lesbians in Australia. The impacts of this discrimination include poor mental health, high rates of suicide, high rates of drugs and alcohol addiction, social isolation, and homelessness. Law reform is a part of the picture but we also need governments to provide resources to change the negative attitudes of the public towards lesbians, and provide advocacy and health services for lesbians until lesbians can assume their full human rights and live without fear. With thanks, Jack Draper. Convenor Coalition Of Activist Lesbians. End of submission---------------------------------------------------------------------------     Coalition of Activist Lesbians Australia - HREOC Same Sex Entitlements Inquiry … p. 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