The Affiliation of Australian Women’s Action Alliances (AAWAA) has written to Senator Penny Wong in relation to several matters that are pertinent to Australia’s relationship with and obligations to the United Nations and that have caused us concern. We have asked Senator Wong to consider these concerns and to work to address them at the UN level.
In the first instance, we enjoin Senator Wong to make representations to the Independent Expert on Protection against violence and discrimination based on sexual orientation and gender identity (SOGI), Mr Victor Madrigal-Borloz, in advance of his report to the 78th session of the United Nations General Assembly in October this year. We ask that Mr Madrigal-Borloz focus his report on the horrific reality that exists for same-sex attracted women and men in many countries that still impose the death penalty for same-sex sexual activity and in others that are yet to repeal criminal sanctions for same-sex consensual sexual activity. We have further asked Senator Wong to encourage Mr Madrigal-Borloz to address the cruel and unconscionable practice of state support for ‘sexual reassignment surgery’ for gay individuals in Iran. We are disturbed that Mr Madrigal-Borloz has neglected these issues in his previous reports to the General Assembly in favour of championing ‘sex self-identification’ and the Yogyakarta Principles.We are also concerned that Mr Madrigal-Borloz’s advocacy for the Yogyakarta Principles – which have no standing in international or Australian law – has implications for the elimination of discrimination against women and girls, not least because the principles call on states to end the registration of sex on birth certificates and other documents of legal personality. This is antithetical to women’s rights not least because the collection of data is essential to understanding – and thus ameliorating – female disadvantage. Ending the registration of birth sex would also undercut measures that allow for female-only services, spaces, and assembly – including for lesbian-only groups – and, if implemented, would render the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), to which Australia is a state party, meaningless.We are also worried that Mr Madrigal-Borloz advocates medical interventions including puberty blockers and cross-sex hormones for children experiencing gender dysphoria. We believe his advocacy is morally reprehensible and risks unnecessarily medicalising young people who might be suffering co-morbidities such as depression, anxiety, trauma, and autism. It also risks medicalising young people who might simply be same-sex attracted and who, left to develop without intervention, would likely grow up to be normal lesbian, gay, or bi-sexual individuals. Given that a prohibition on medical experimentation on humans without consent freely given has been central to every international human rights instrument from the Universal Declaration of Human Rights through to the International Covenant on Civil and Political Rights, and the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and given the complexity of children’s providing consent to medical experimentation (as recognised by the Committee of the Convention of the Rights of the Child, see CRC General Comment 12, para 103 and CRC General Comment 15, para 77), we believe Mr Madrigal-Borloz’s advocacy breaches fundamental standards of human rights. We also note that the 54th Session of the Human Rights Council will consider new appointments to a number of human rights positions on the expiration of the terms of the current appointees. We hope that Australia will support the appointment of a woman to the role of SOGI Independent Expert, especially given that to date only men have served in this role and given that the responsibilities impact both women and men. We also believe it is imperative to ensure that anycandidate properly understands the reality of violence and discrimination against same-sexattracted people and is prepared to advocate for these people. This is especially important forlesbians who have been marginalised in the SOGI reports to date. We believe that as a friend ofthe SOGI mandate, Australia has both the opportunity and the obligation to provide constructiveguidance on this issue.Finally, we also note that the mandate for the Special Rapporteur on violence against women, itscauses and consequences is up for renewal. We believe the current incumbent, Ms Reem Alsalem,has done an exceptional job and Australia should support her in the event she seeks a second term. Read the full text of the letter, below.
Affiliation of Australian Women's Action Alliances 