Laws to address sex discrimination and promote gender equality
Sex discrimination remains a harsh reality for many Australian women. Many women continue to experience unfair treatment in the workplace and other spheres of life.
The Sex Discrimination Act 1984 (Cth) (SDA) has now been in place for nearly a quarter of a century. It is timely to review its effectiveness in preventing sex discrimination and promoting gender equality.
For example, currently a person can only make a complaint under the SDA on the grounds of discrimination because of family responsibilities if they have been sacked. This leaves the door wide open for other forms of workplace discrimination against people with family responsibilities.
- The number of complaints under the SDA has risen over recent years:
- In 2005/06 the Commission received 347 complaints.
- In 2006/07 the Commission received 472 complaints.
- In 2007/08, the Commission received 438 complaints
- 27 % of the total number of complaints received by the Australian Human Rights Commission in the 2006-07 reporting year came under the Sex Discrimination Act 1984 (Cth).1
- The majority of these complaints, 81%, related to employment. 19% of complaints alleged sexual harassment and 17% of complaints alleged pregnancy discrimination.
What is Commissioner Broderick’s plan for strengthening law to address sex discrimination and promote gender equality?
The Senate Legal and Constitutional Affairs Committee are currently holding a review of the SDA. This presents an opportunity to examine new ways of reducing sex discrimination, harassment and violence. This will be the first review of the legislation in over a decade.
Commissioner Broderick will contribute to the review of the SDA to ensure that the law is effective to address sex discrimination and sexual harassment experienced by individuals, as well as promoting gender equality in Australian society.
Australian Human Rights Commission work (newest at top)
On 2 September 2008, the Commission lodged its Submission to the Senate Inquiry into the Effectiveness of the Sex Discrimination Act 1984 (Cth). There has been significant progress in reducing direct sex discrimination since 1984, when the SDA was passed by the Australian Parliament. However, the application of the SDA over a quarter of a century has highlighted some serious limitations with its current form and content. It is clear that our progress on achieving substantive gender equality in Australia has stalled, and the SDA is currently limited in its ability to proactively address this problem. It is also widely acknowledged that the SDA has never fully implemented our international legal obligations, particularly under the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (‘CEDAW’).2
The Commission’s submission explains that the SDA needs to be amended to:
- Address the problems with existing provisions which have emerged in the quarter of a century since its adoption;
- Enhance its ability to actively progress substantive gender equality and promote systemic reform; and
- Fulfil our international legal obligations.
The Submission makes 54 recommendations for immediate reform of the SDA. It also proposes a more extensive second stage of inquiry to consider 11 more extensive reform proposals.
- Submission to the inquiry into the effectiveness of the Sex Discrimination Act 1984 (Cth) in eliminating discrimination and promoting gender equality
( 1 September 2008) - Listening Tour Community Report. (July 2008)
- Guide to the Sex Discrimination Act
- Get the facts: Know your rights (2006)
- Getting to know the Sex Discrimination Act: A guide for young women (2002)
- Harsh Realities 2: Further Case Studies on Sex Discrimination in the Workplace (2002)
Recent speeches and media
- Better protection is needed against gender based discrimination in the 21st Century (4 September 2008)
- Time for fresh ideas to tackle sex discrimination (27 June 2008)
Related links
- Senate Inquiry into the Effectiveness of the Commonwealth Sex Discrimination Act 1984 (Cth)
- Exemption applications under the Sex Discrimination Act 1984 (Cth)
Australian Bureau of Statistics, How Australians Use Their Time, 2006, Cat no. 4153.0, (2008)
Australian Bureau of Statistics, Pregnancy and Employment Transitions, Australia, Cat no. 4913.0 (2005)
Equal Opportunity for Women in the Workplace Agency, 2006 EOWA Australian Census of Women in Leadership (2006)
Gillian Whitehouse et al, The Parental Leave in Australia Survey: November 2006 Report (2006)
Australian Human Rights Commission, 20 Years On: The Challenges Continue Sexual Harassment in the Australian Workplace (2004)
Australian Human Rights Commission, Annual Report 2006-2007 (2007)
Ricardo Hausmann, Laura Tyson and and Saadia Zahidi, The Global Gender Gap Report 2007 (2007)
[1] Australian Human Rights Commission, Annual Report 2006-2007 (2007)
[2] Convention on the Elimination of All Forms of Discrimination Against Women, opened for signature 18 December 1979, 1249 UNTS 13 (entered into force 3 September 1981).
