4 September 2001
IVF case
Statement by Federal Sex Discrimination Commissioner Pru Goward
The Human Rights and Equal Opportunity Commission is to appear today in the High Court in proceedings brought by the Australian Catholic Bishops Conference and the Australian Episcopal Conference of the Roman Catholic Church (the Bishops) involving issues of major importance to women throughout Australia.
These proceedings arise out of Victorian State law that prevented single women and same sex couples from accessing IVF and other assisted reproduction services. The Bishops are seeking a review of a Federal Court decision that declared the law was inconsistent with the federal Sex Discrimination Act and therefore invalid. On 14 August 2001 the High Court granted the Commission leave to intervene and present arguments in the proceedings.
The Commission will argue that the Convention on the Elimination Of All Forms of Discrimination Against Women allows the Commonwealth to pass laws preventing discrimination on the ground of marital status, contrary to the Bishops' submission.
Federal Sex Discrimination Commissioner Pru Goward said the Bishops' application threatens the marital status provisions of the Sex Discrimination Act.
"It is these rights that ensure women are not prevented from working after they marry, or from accessing financial services if they are single, for example. As such, the issues raised by the Bishops are not only concerned with access to IVF services, but threaten broader, existing rights for women. The marital status provisions of the Sex Discrimination Act are crucial for all Australian women and the Commission will argue that they are valid law."
The Commission will also argue that any exceptions to the unlawful discrimination provisions of the Sex Discrimination Act should not be given an unintended effect. By arguing for this approach, the Commission is seeking to ensure that the Sex Discrimination Act continues to protect as many women as possible. Ms Goward said: "It is not appropriate for fertility or other medical services to be restricted or denied to women depending on their marital status".
The hearing is to continue tomorrow.
Media contact: Janine
MacDonald 0408 469 347.
