Protecting the human rights of trans and gender diverse people
We cannot allow these attacks to go unchallenged. We must be on the front foot and proactively prevent the violation of trans and gender diverse people’s fundamental human rights to live their lives with dignity, equality and free from discrimination.
The consequence of these relentless attacks on trans and gender diverse people can be seen in their mental health outcomes. In Australia, trans and gender diverse people experience high rates of depression, anxiety and suicidality. A 2021 national survey on the health and wellbeing of trans and gender diverse Australians found that:
These numbers are staggering, and reflect the heavy human cost of the exclusion, discrimination and human rights violations that trans and gender diverse people experience in our community.
There is limited research into the lived experience of trans and gender diverse people in Australia to inform the development of appropriate and responsive law, policy and system reforms. In the absence of this evidence base, approaches to law and policy-making vary between state and territory governments, legal protections remain inconsistent and inadequate, broader service systems have little impetus to adapt to meet the needs of this community and anti-trans discrimination and hate loom large. We are working directly with the trans and gender diverse community in Australia to understand their experiences and perspectives. As academics, we are undertaking robust empirical research which will be comprehensively analysed and will culminate in persuasive evidence-based recommendations for reform.
We will be talking with people with lived experience of the issues faced by trans and gender diverse people in order to gather an evidence-base which will form the basis of recommendations for legal and policy reform. Would you like to talk with us about your experiences? If so please reach out via this link.
Professor Paula Gerber is a distinguished legal scholar at Monash University. She is an expert on international human rights law, with a particular focus on the human rights of LGBTIQ+ people. Paula is internationally renowned for her insightful scholarly work around the rights of persons of diverse sexualities and gender identities, which saw her invited to edit the three-volume collection Worldwide Perspectives on Lesbians, Gays and Bisexual (2021 Bloomsbury Publishing). In addition to her academic work, Paula is also the Chair of Kaleidoscope Human Rights Foundation, a not-for-profit organisation that advocates for the rights of LGBTIQ+ people in the Asia-Pacific region.
Associate Professor Ronli Sifris is Deputy Director of the Castan Centre for Human Rights Law. Her research is doctrinal, empirical and interdisciplinary with a focus on issues at the intersection of gender and human rights. She has published two books (and is currently writing a third) focusing on issues relating to gender and human rights. Her research has also achieved real world impact, with her empirical research being relied on by the High Court of Australia in the case of Clubb v Edwards.
Charlie Wilson, Research Assistant is the Research Assistant on this project and a graduate student at Monash Law School, focusing on human rights and constitutional law. He decided to study law after the 2022 tabling of the Religious Discrimination Bill, which, if passed, would have allowed religious organisations to discriminate based on sexual orientation and gender identity, including the exclusion of LGBT+ school students and teachers. Drawing from his own experience as a transgender man, Charlie provides valuable input to policymakers at both federal and state levels to advocate for inclusive policies for all Australians.
Allens is a leading international law firm that is providing pro bono research assistance around the international comparative law aspects of this project, i.e. identifying laws and policies relating to TGD persons in other countries that Australia might learn from. Allens has a long history of shaping the future for their clients, people and the communities in which they work. They have played a key role in the development of legislation and regulatory frameworks, including acting on numerous 'firsts' across a range of public interest issues through our pro bono practice.
Adults born in Victoria, or who have lived in Victoria for at least 12 months can apply for a new birth certificate or registered details certificate that shows their affirmed name and sex. Surgery is not required. Children and youth born in Victoria or resident in Victoria for at least 12 months can ask their parent, guardian, or permanent carer to apply on their behalf. The process typically takes about six weeks, and costs $122 plus postage. If you are unable to afford the fee, are on a low income, are experiencing homelessness, are a refugee, or have limited access to funds, you can apply for a fee waiver.
New procedures allowing for change of sex without surgery will come into effect in May, 2025. Until then, a sex affirmation procedure, which could orchiectomy or sex reassignment, is required. However, no such requirements exist for change of name. People who are born in NSW, or have resided in NSW for at least three years can apply via the NSW Registry of Births, Deaths, and Marriages.
More information will be listed here, including procedures to change name and sex in every Australian State and Territory, on drivers licenses, passports, medicare cards, and other forms of identification.