A new report by the Australian Human Rights Commission (AHRC) has proposed 19 recommendations to address widespread discrimination experienced by trans and gender diverse people.
Released today on International Trans Day of Visibility, the Equal Identities report’s findings and recommendations are based on “97 submissions and Australian and international research”, including but not limited to insights from trans individuals, academics and research institutions, advocacy and activist groups, community-controlled health organisations, healthcare and legal professionals and organisations, policy makers and service providers.
From education to healthcare, workplaces, housing and the justice system, the research states various areas where trans and gender diverse people face different forms of discrimination, which in turn have “serious impacts on safety, access to essential services and full participation in society”. The report also highlights intersectionality, stating these barriers “are often intensified for those who also experience racism, ableism, ageism and other forms of marginalisation”. It has also published excerpts of submissions made by organisations and individuals.
One trans individual’s submission read in part: “We are constantly exposed to vicious and hateful rhetoric from anti-trans individuals that attempt to dehumanise us and paint us as a threat”.
A submission from Parents for Trans Youth Equity included a quote from a parent who sought support to affirm their child’s gender: “I said to the [school] counsellor[,] look she’s you know a kindy kid, she’s changing uniform and I’m worried about her being bullied. If she needs someone to talk to can she come to you? And she said ‘I’m very busy and this isn’t my field of expertise’”.
Following the report’s release, Sex Discrimination Commissioner Dr Anna Cody said in an official press statement: “Trans and gender diverse people are part of every Australian community. They contribute to our families and society, and they are entitled to equal respect under the law like anyone else.
“But too often, their rights are not realised. The experiences shared with the Commission show when there are gaps in legal protections, when services aren’t designed for everyone, and when data is missing or inaccurate, people are left out. The consequences can be devastating.
“If governments, service providers and civil society address these challenges and barriers, trans and gender diverse people will be able to flourish. That will benefit not just trans and gender diverse people, but everyone in Australia.”
Jackie Turner, Director of Trans Justice Project said in a statement shared on Instagram: “This report is a call to action for governments across the country to ensure our community has the freedom to be ourselves, feel safe in our communities, and can thrive”.
The report’s findings have been categorised according to three themes: ‘Being safe’, ‘Being seen and heard (dignity)’, and ‘Being able to participate’ on equal terms.
The ‘Being safe’ section examines violence and harassment, online safety, forcibly displaced people and housing. ‘Being seen and heard (dignity)’ looks into shortcomings around data and research, health and wellbeing, gender-affirming healthcare and legal recognition. When examining the aspect of trans and gender diverse people ‘Being able to participate’, the report discusses issues linked to education, employment, religion and sport.
In order to address these areas, the report’s 19 recommendations propose measures such as nationally consistent protections against vilification and violence, improved data collection, and system reforms.
For example, Recommendation 1 proposes that all three levels of government (federal, state and local) should “introduce consistent legislation across civil and criminal matters to protect LGBTIQA+ people and their associates from vilification, incitement of hatred and threats of physical harm”. These laws should also be designed “in consultation with LGBTIQA+ communities, including trans and gender diverse communities”.
Recommendation 9 aims to address challenges that trans and gender diverse people may face when navigating the health system, by ensuring those who work in the Australian healthcare sector have adequate knowledge and training. It states: “Healthcare providers and education and training institutions (i.e. universities, TAFEs) should ensure that all healthcare and healthcare-adjacent workers and students receive education and ongoing professional development on inclusive care for trans and gender diverse people. This includes awareness of how intersecting forms of discrimination can affect trans and gender diverse people’s health and access to healthcare services.”
Recommendation 7 focuses on data collection, proposing: “All government, government-affiliated and government-funded bodies that collect demographic data should ensure data on gender, sexuality and innate variations of sex characteristics (sometimes known as intersex variations) is collected in line with the ABS Standard for Sex, Gender, Variations of Sex Characteristics and Sexual Orientation Variables (2020).” What this means is that when data on gender identity is collected, it should be collected from everybody. By doing so, it ensures that “health and support services have the data necessary to meet the needs of trans and gender diverse children and adolescents”. The recommendation also suggests that LGBTIQA+ and trans and gender diverse specific organisations are involved in the process, ie the new data collection protocols are implemented in partnership with these stakeholders “to establish community trust and ensure privacy and sensitivity concerns are understood”.
All 19 recommendations are listed in the Equal Identities report published by the Australian Human Rights Commission here.
If you anyone you know requires confidential support, please reach out to QLIFE on 1800 184 527. QLIFE is a free telephone and web-based counselling, referrals and support for LGBTQ+ people and their families. You can also visit Transcend Australia for a list of more support services available.