In May 2003 the Stanhope government promised to deliver both a relationship recognition scheme and gender recognition law reform. Today, as the government announces the finalisation of relationship recognition reform, there has not yet been any movement towards amendments to harsh and outdated gender recognition laws.
A Gender Agenda today called on the Stanhope government to at least announce the timeframe on which it plans to deliver its 2003 commitment regarding gender recognition law reform.
A Gender Agenda spokesperson Peter Hyndal said “Being recognised as either a man or a woman is one of the most fundamental issues of identity that is important to us in our society. It is confusing, distressing and harmful for people when their government refuses to allow them to be recognised as their true sex”.
“It is horrific to think that any government would demand that a person undergo medically unnecessary and invasive surgery and document that their reproductive capacity has been permanently removed, before accepting that they are a particular sex. It is even more disturbing to know that this is happening right here and now in the ACT”.
“A person’s sex is determined by a whole range of factors including their chromosomes, hormones, gender identity, appearance of external body characteristics as well as other factors. There are many reasons why a person may be in a position where their birth certificate does not show their sex and gender identity correctly. The government should be aware of protecting the basic human rights of all of these people regardless of how this situation has occurred”.
“Approximately 2500 people are directly affected in the ACT, while many more are indirectly affected by the government’s refusal to legally recognise the appropriate sex of so many of its citizens”.
“Those people who refuse to be forced into unnecessary medical procedures because the current law is wrong, must live (along with their partners, children, family and friends) with continuous uncertainty of their status before the law, and an inability to produce ID documents that are in accordance with their presentation and identity”.
“Surgery is not only performed on adults, but also on children and even new-born infants. This surgery is medically unnecessary, completely irreversible, and in the case of children, is performed without the individuals consent. The High Court has ruled that such surgeries should not be performed on children and the current ACT legislation is at odds with this ruling”.
“The law reform that is required is straightforward, with precedents that can be followed from other jurisdictions such as the UK which support basic human rights principles.”