Sexual Orientation, Gender Identity and Intersex

Principles

The Australian Greens believe that:

  1. All people have fundamental human rights and are entitled to equal protection of the law without any discrimination, including on the basis of sex, sexual orientation, gender identity or intersex status.
  2. The civil liberties, human rights and democratic freedoms of people with diverse sexualities, gender identities and intersex status must be supported and defended.
  3. Inclusion and celebration of diversity are essential for social justice and equality.
  4. The contribution of people with diverse sexualities, gender identities and intersex status and their communities is unique and valuable to the Australian community.
  5. There is a diversity of sexual orientations and gender identities, and the erasure of these can be offensive, hurtful and detrimental a person's wellbeing.
  6. People have the right to self-identify their gender, which is integral to people's lived experiences as citizens and members of the community. We recognise transgender and non-binary gender identities exist and are valid.
  7. Society should be free of harassment, abuse, vilification, stigmatisation, discrimination, disadvantage or exploitation on the basis of the actual or perceived sex, sexual orientation, gender identity or intersex status of a person, or someone they are associated with.
  8. The public should be informed about the historic, continuing and endemic discrimination against people with diverse sexualities, gender identities or intersex status and their communities.
  9. Society should be free of discrimination based on family formation, or the sex, sexual orientation, gender identity or intersex status of parents and carers.
  10. The health needs of all Australians should be provided for without discrimination of any kind. Everyone has the right to have their specific health needs met with equity, dignity and respect.
  11. All people, including intersex and gender diverse people, have a right to bodily autonomy and physical integrity.
  12. Trans and gender diverse young people should have the freedom to affirm their gender. Any medical interventions involved in this process should be guided by the young person, their families and their medical specialists.

Aims

The Australian Greens want:

  1. An end to discrimination in marriage against same-sex attracted, gender diverse and intersex people.
  2. All de facto relationships to have equal status in law and government policy regardless of sex, sexual orientation, gender identity and intersex status.
  3. Equal access, regardless of sex, sexual orientation, gender identity, intersex or marital status, to adoption and fostering, altruistic surrogacy and assisted reproductive treatment.
  4. Equal rights and protections, including recognition of legal parentage, for children with same-sex attracted and gender diverse parents.
  5. The education system to provide age-appropriate information to students, and training and resources to teachers, about respectful relationships and the diversity of sexuality, gender identity, intersex variations and family structures.
  6. Access to a full range of publicly-funded health services for people with needs related to their sex, sexual orientation, gender identity or intersex status.
  7. Adequate funding for services to address the whole-of-life health and welfare needs of people with diverse sexualities, gender identities and intersex variations including, but not limited to:
    1. alcohol and substance use;
    2. mental health;
    3. domestic violence, sexual harassment, physical or sexual assault;
    4. reproductive and sexual health;
    5. self-harm and suicide prevention;
    6. coming out, gender transitioning and affirmation;
    7. counselling and peer support;
    8. youth programs;
    9. aged care; and
    10. housing services and programs.
  8. Increased funding to establish and expand gender clinics at hospitals and health services.
  9. Accessible and inclusive family and domestic violence prevention programs, reporting mechanisms and support services for people with diverse sexualities, gender identities and intersex variations and their families.
  10. Timely, accurate information and appropriate support services for intersex people and their parents and carers.
  11. The Australian Bureau of Statistics and other relevant agencies to improve statistical data collection on people with diverse sexualities, gender identities, intersex variations and their families.
  12. Intersex, transgender and gender diverse people to be able to alter their sex or gender on all official documents, consistent with how they live and identify, irrespective of their marital status, without the requirement for gender affirmation surgery or hormonal therapy.
  13. Sex or gender information in official records to only be recorded where necessary.  When sex or gender is necessary information to collect in official records, gender markers be available that reflect the diversity of the Australian population.
  14. Amended identity documents to not reveal a person’s past sex or gender identity.
  15. Removal of the requirement of a court order to allow access to hormone treatment for transgender young people.
  16. Irreversible medical intervention for children born with an intersex variation to occur only when they are able to give informed consent, unless it is determined to be both in the best interest of the child and necessary for the maintenance of health or the preservation of life.
  17. Governments and their agencies to consult with communities and representative groups of people with diverse sexualities, diverse gender identities and intersex variations, on the development of policies and programs relevant to them.
  18. Core and ongoing funding for community organisations established to support people with diverse sexuality, gender identities and intersex variation.
  19. Relevant training available to service providers involved in the delivery of health, mental health, community and aged care services to people with diverse sexualities, gender identities and intersex variations and their families.
  20. The development of education, training and accreditation programs directed at achieving diversity and inclusiveness and eliminating homophobia, biphobia, transphobia and prejudice based on intersex status in the workplace.
  21. Tailored support for people with diverse sexualities, gender identities and intersex variations living in regional areas and their communities in response to their specific needs.
  22. A dedicated Commissioner for Sexual Orientation, Gender Identity and Intersex Rights at the Australian Human Rights Commission with equivalent powers to existing commissioners.
  23. The establishment of a federal Office for LGBTI People, as part of the Department of Prime Minister and Cabinet and supported by a separate Minister or Parliamentary Secretary.
  24. Anti-discrimination laws for people with diverse sexualities, gender identities and intersex variations to be consistent with the Yogyakarta Principles on the Application of International Human Rights Law in relation to Sexual Orientation and Gender Identity, and other international human rights instruments.
  25. The removal of religious exemptions from anti-discrimination laws.
  26. Programs and legislation to end hate speech or vilification on the basis of sexual orientation, gender identity, intersex status or sex characteristics.
  27. The harmonisation of age of consent laws across Australian jurisdictions, ensuring there is no distinction between heterosexual and non-heterosexual sex.
  28. The removal of convictions for homosexual acts between consenting adults from legal records. Where a person has been charged under laws in the past against homosexual acts, that are now legal, this should be removed from the criminal record.
  29. The removal of discrimination against transgender, gender diverse and intersex athletes in competitive sport.
  30. Expansion of governmental support for culture, arts, festivals, tourism and events for communities of diverse sexualities, gender identities or intersex variation.
  31. The granting of asylum in Australia to people persecuted in their own countries on the basis of their sexual orientation, gender identity or intersex status.
  32. A ban on reparative, sexual orientation and gender identity conversion therapies.

[Policy endorsed: November 2017]