Additional comments by Senator Hanson-Young
Australian Greens
Introduction
1.1
The Australian Greens commend the Chair and Committee Secretariat on the
comprehensive nature of the Committee’s report.
1.2
We believe that the inquiry into the Commonwealth Sex Discrimination
Act 1984 (SDA) has provided the committee with the opportunity to recommend
to the Government ways to strengthen and tighten the federal SDA to ensure that
we are eliminating discrimination – on all levels - and promoting gender
equality.
1.3
However, the Greens have a number of additional concerns which we consider
should be addressed to ensure that Australia’s international obligations with
respect to gender and equality are completely realised.
Background
1.4
The issue of gender equality and sexual discrimination has been at the
forefront of Greens policy for years.
1.5
We have argued for women to have the right to equal respect,
responsibilities and rewards in society; the right to equal access and
participation in decision-making processes in all areas of political, social,
intellectual and economic endeavour; the right to freedom from violence; the
right to equal pay for work of equal value, and to have their unpaid caring
responsibilities acknowledged and properly valued throughout their lifetime;
the right to make informed, supported choices about all aspects of their lives,
including sexual identity, health, reproductive health processes, birthing and
child-bearing, and how they balance participation in paid work with caring
responsibilities.
1.6
The Australian Greens further believe that freedom of sexual orientation
and gender identity are fundamental human rights.[1]
The need for acceptance and celebration of diversity, including sexual
orientation and gender diversity, is essential for genuine social justice and
equality.
Same-Sex recognition
1.7
The Australian Greens strongly support the recommendation from The
Australian Coalition for Equality, for the inclusion of registered
relationships in the definition of relationships within the SDA.
1.8
While the Same-Sex Relationships (Equal Treatment in Commonwealth
Laws – General Law Reform) Act 2008 has made amendments to recognise
same-sex couples in federal law, the Australian Greens have some concerns about
the approach taken when amending the Commonwealth SDA.
1.9
While the Greens are indeed supportive of the amendments removing
discrimination against same-sex couples on the basis of family
responsibilities, we are concerned that the provisions of the SDA relating to
discrimination on the basis of marital status have not been amended.
1.10
Section 6 of the SDA explicitly prohibits discrimination on the grounds
of marital status, which is defined as being:
-
single;
-
married;
-
married but living separately and apart from one's spouse;
-
divorced;
-
widowed; or
-
the de facto spouse of another person
1.11
The Greens are concerned that the definition of de facto spouse that is
separately defined, only recognises opposite-sex couples, which effectively
only provides protection from discrimination for people in an opposite-sex
relationship. The Greens believe that that the SDA should be amended to
provide equal protection to both same-sex and opposite-sex couples from
discrimination on the basis of being in a de facto relationship, and also
include another subsection identifying registered relationships.
Recommendation 1
-
The Greens recommend that the Sex Discrimination Act 1984 be amended to replace the term "marital status" with "couple
status".
-
The Greens further recommend that the definition of de facto
relationship outlined in the recent Same-Sex Relationships (Equal Treatment
in Commonwealth Laws – General Law Reform) Act 2008, be adopted into the
SDA, with a category that also recognises registered relationships as another
form of a relationship.
1.12
There are currently no federal laws which provide comprehensive
protection from discrimination on the grounds of sexual orientation and gender
identity.
1.13
The Australian Greens believe that the Government should support the
establishment of a comprehensive sexual orientation and gender identity anti-discrimination
Act to ensure for the protection for all Australians.
1.14
In line with the evidence provided to the Legal and Constitutional
Committee, we believe that this could either be done by amendment to the SDA,
or by the enactment of a new sexual orientation and gender identity-specific
anti-discrimination instrument, with the latter being our preference.
Recommendation 2
1.15
The Australian Greens believe the most appropriate avenue to prevent
discrimination on the grounds of sexual orientation and gender identity is to
establish a new a new sexual orientation and gender identity-specific
anti-discrimination instrument. This would not only address gaps in state and
territory law, but it would also send out a clear message about the equal
importance of tackling sexual orientation and gender identity discrimination.
Provision for parental leave
1.16
Australia is a signatory to the Convention of the Elimination of All
Forms of Discrimination against Women (CEDAW), yet entered into two
reservations in relation to the participation in direct armed combat and the
provision for paid maternity leave.
1.17
The provision of 14 weeks paid maternity leave, with a compulsory
minimum period of six weeks immediately after the birth, is the
international standard for paid maternity leave, as outlined within the
International Labour Organisation Maternity Leave Convention.
1.18
Despite Australia entering into a reservation to CEDAW on the issue of
maternity leave, the International Covenant on Economic, Social and Cultural
Rights (ICESCR) also contains an international obligation to provide paid
maternity leave, yet no reservation has been registered by the Australian
government in relation to this provision. Thus, the Australian government is
obligated to provide paid maternity leave for working women.
Recommendation 3
1.19
The Australian Greens recommend that the Government urgently act on
introducing a nationally-funded paid maternity leave scheme. While we would
support the introduction of a paid maternity leave scheme, the Greens believe that twenty-six weeks of paid parental leave
shared between both parents is what we should be aiming for, a figure that is
backed by a broad range of stakeholder organisations, from unions, to women’s
groups and health organisations.
Reporting dates for Sex Discrimination Commissioner:
1.20
In order to ensure renewed progress towards gender equality, new agendas
are needed as well as new monitoring mechanisms to ensure that attention is
paid to any shortfalls.
1.21
While the Committee recognises that the need for the Sex Discrimination
Commissioner to report to Parliament in respect to the progress towards
eliminating discrimination and achieving gender equality, it is disappointing
that the report only believes this should occur every four years.
1.22
The Australian Greens believe that in order to ensure that new
monitoring mechanisms are established to ensure that there are no longer any
shortfalls in relation to gender equality; the Sex Discrimination Commissioner
should monitor and report annually to parliament on this progress.
1.23
The Greens further believe that to ensure that the reports are not lost
on being tabled in Parliament, there should be a statutory responsibility for
the Government to respond to them within 15 sitting days.
Recommendation 4
-
The Australian Greens believe that the Sex Discrimination
Commissioner be given the statutory duty to monitor and report to Parliament annually
on progress towards gender equality.
-
The Australian Greens further recommend that the Government
respond within 15 sitting days to such reports.
Female employees and religious discrimination:
1.24
During the course of the inquiry, the Committee heard evidence, on a
number of occasions, that section 37 of the Sex Discrimination Act appears to
deny female clergy and non-ordained female employees of religious organisations
protection against discrimination on the basis of their sex, specifically in
relation to their employment.
Recommendation 5
-
The Australian Greens recommend that section 37 of the Act be
amended to ensure that female clergy and non-ordained female employees of
religious organisations are protected from discrimination on the basis of their
sex in relation to their employment.
-
We further recommend that section 38 of the Act be amended to remove
the exemption in relation to discrimination on the grounds of sex and pregnancy.
Sarah Hanson-Young
Senator for South Australia
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