Gay, Lesbian, Bisexual, Transgender and Intersex Equality
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 the Australian Human Rights Commission.
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 the Commission.
What does GLBTI stand for?
‘GLBTI’ is an acronym that stands for Gay, Lesbian, Bisexual, Transgender and Intersex. The Commission 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.
The Commission's paper, ‘Stories of discrimination experienced by the Gay, Lesbian, Bisexual, Transgender and Intersex community’, contains more information about common experiences 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, the Commission sought the views of the sex and gender diverse community about the most pressing human rights issues facing their community. The Commission also sought input into how it might assist in promoting and protecting the human rights of people who are transgender, transsexual or intersex.
The Commission 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, the Commission 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.
The Commission created an online blog to continue its discussions about the legal recognition of sex with the sex and gender diverse community.
The blog closed on 5 December 2008.
Concluding paper
The concluding paper of the sex and gender diversity project was launched at Parliament House Canberra on 17 March 2009.
The sex and gender diversity project developed out of consultations with members of sex and gender diverse communities about the discrimination they experience. One of the key human rights concerns was that many people who are sex and gender diverse are unable to change the sex markers in official documents or government records, for example birth certificates.
This paper identifies some problems with the existing systems for recognising sex identity in documents and government records. It also makes recommendations for changing the system and provides options for implementing these changes.
Intersex infant surgery and human rights
During the consultations for the sex and gender diversity project, surgical intervention on intersex infants was raised as a human rights issue by intersex people. The Commission undertook to raise greater awareness of the human rights implications of this issue.
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
The Commission’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 the Commission’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, the Commission 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.
