Gay, Lesbian, Bisexual, Transgender and Intersex Equality
Current projects
Join our mailing list to be updated about HREOC’s work in GLBTI equality: email samesex@humanrights.gov.au
Do you think you have been discriminated against in employment for reasons relating to your sexuality? See our Complaints page for information on how to make a complaint to HREOC.
You can also make a complaint if you think your human rights (including rights under the International Covenant on Civil and Political Rights) have been breached. See our Complaints page for information on how to make a complaint to HREOC.
What does GLBTI stand for?
‘GLBTI’ is an acronym that stands for Gay, Lesbian, Bisexual, Transgender and Intersex. HREOC understands that GLBTI people form a diverse group and sexuality or gender identity is only one aspect of a person’s total identity. However, this part of our website looks at the common areas of discrimination that GLBTI people face.
What are the rights of people who are gay, lesbian, bisexual, transgender and intersex?
There is no separate human rights treaty focussing on sexuality and gender rights; but it is clear that GLBTI people have the right to enjoy all human rights available to other members of the community. In particular, people who are GLBTI enjoy the fundamental rights of non-discrimination and equality before the law.
The United Nations Human Rights Committee has been very clear that the principle of non-discrimination and equality before the law protects GLBTI people under international law. These non-discrimination provisions are in the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR), the Convention on the Rights of the Child (CRC), the International Convention on the Elimination of All Forms of Racial Discrimination (CERD) and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).
In March 2007, a group of human rights experts developed and adopted what is known as the Yogyakarta Principles. The Yogyakarta Principles confirm that all international human rights laws apply to GLBTI people. Click here for more information on the Yogyakarta Principles.
Sex and gender diversity project
In May and June 2008, HREOC sought the views of the sex and gender diverse community about the most pressing human rights issues facing their community. HREOC also sought input into how it might assist in promoting and protecting the human rights of people who are transgender, transsexual or intersex.
HREOC prepared a short issues paper analysing some sex and gender diversity issues and their human rights implications as part of this consultation.
In July 2008, HREOC released its report of the initial consultation. Our report found that the most pressing human rights issue for people who are sex and gender diverse was the legal recognition of sex their official documents and in government records.
Over the next few months, HREOC will consider the laws and policy that govern the amendment of sex or gender on various identity documents. HREOC will also consider the various ways that private and public organisations use or record information about a person’s sex or gender.
HREOC will also continue its discussions about the legal recognition of sex with the sex and gender diverse community on its online blog
The blog will remain open until the end of 2008. HREOC will use the blog to involve members of the sex and gender diverse community in the development of any recommendations regarding the legal recognition of sex.
Other GLBTI projects
HREOC intends to continue its work to promote GLBTI equality in a range of different areas. At the moment our current project is on sex and gender diversity.
HREOC’s ongoing work will also seek to address the following issues:
- discrimination in health care services
- discrimination in aged care
- discrimination in the workplace.
See our paper, ‘Stories of discrimination experienced by the Gay, Lesbian, Bisexual, Transgender and Intersex community’, for more information.
Past projects and publications
- Same-Sex: Same Entitlements Inquiry (2007)
- Not Round Here: Affirming Diversity, Challenging Homophobia (2000)
- Discrimination on the ground of sexual preference: Report of the Inquiry into Complaints of Discrimination in Employment and Occupation (1997)
Same-Sex: Same Entitlements Inquiry
HREOC’s report of the Same-Sex: Same Entitlements Inquiry was tabled in Parliament on 21 June 2007, following a year-long national inquiry. The government has recently announced it will remove discrimination against same-sex couples and their children in a number of areas. See HREOC’s media release dated 30 April 2008.
The Inquiry found 58 federal laws deny same-sex couples and their children basic financial and work-related entitlements available to opposite-sex couples and their children. It recommends changing legal definitions in relevant federal laws to end discrimination suffered by more than 20,000 same-sex couples in Australia.
The Inquiry held public hearings and community forums around Australia and received 680 submissions covering a range of topics; many of which described first-hand the impact of discriminatory laws on same-sex couples and their children.
Click here to access the full report and community guide.
"Not Round Here: Affirming Diversity, Challenging Homophobia"
In 2000, HREOC and the Australian Youth Foundation developed a training manual called "Not Round Here: Affirming Diversity, Challenging Homophobia". The training manual is designed for use in anti-homophobia training for service providers whose clients and contacts include people who are gay, lesbian, bisexual or transgendered. It is particularly useful for rural service providers and includes training modules with a specific rural perspective.
Copies of the Manual are available in 
PDF format (2.05MB)
Discrimination on the ground of sexual preference: Report of Inquiry into Complaints of Discrimination in Employment and Occupation
In 1997, the Human Rights Commissioner inquired into a complaint of discrimination in employment on the grounds of sexual preference.
The Inquiry concerned the complaint made by Jacqui Griffith that the refusal of her application for classification as a teacher in Catholic schools by the Catholic Education Office was discriminatory. The Catholic Education Office said that Ms Griffith’s high profile in an organisation of gay and lesbian teachers and students and her public statements on sexuality meant that she was an unsuitable candidate.
The Human Rights Commissioner found that the refusal by the Catholic Education Office was discrimination on the ground of sexual preference.
The report of the Inquiry was published in March 1998. The report also noted that the current state of federal law in relation to discrimination based on sexual preference was inadequate to ensure protection of human rights. The Human Rights Commissioner recommended that federal anti-discrimination laws protecting against discrimination on the basis of sexual preference be implemented.
