In Sydney on June 21, Australia’s Human Rights and Equal Opportunity Commission (HREOC) released its long awaited report into discrimination faced by same-sex couples. The report, entitled Same-Sex, Same Entitlements, is the culmination of a nation-wide, 14-month inquiry conducted by the Commission. The inquiry’s terms of reference were to explore whether federal laws create inequality for individuals who were or had been in same-sex relationships, and their children. Public hearings and community forums were held in all capital cities and over 600 written submissions were received by the Commission for consideration.
The report, totalling over 400 pages and tabled in Federal Parliament on June 22, identified 58 federal laws which breached the rights of same-sex couples and, in some cases, their children. Broadly divided up, these laws pertain to:
- Employment (in particular, leave and travel entitlements)
- Worker’s Compensation
- Taxation
- Social Security
- Veteran’s Affairs
- Health Care Subsidies
- Family Law
- Superannuation
- Aged Care Costs
- Immigration (in particular, access to visas)
It was found that in the majority of cases, the discriminatory nature of these laws was caused by a simple few words – and as such that the action required to address the problem was as simple as amending the definition of ‘spouse’ or ‘partner’ to include same-sex partners.
By including case studies in the body of the report and attaching numerous detailed personal accounts in the appendices, the report also detailed the human cost – the lived experience of couples across Australia who have been discriminated against by the laws in question. HREOC estimated that around 20,000 couples in Australia are affected by this discrimination, and that it cuts across all stages of life and socio-economic situations.
The report also put forth a compelling argument for the adoption of its recommendations. Referring to Article 26 of the International Covenant on Civil and Political Rights the report highlights Australia’s human rights obligation to ensure that ‘All persons are equal before the law and are entitled without any discrimination to the equal protection of the law.’ President of HREOC, John von Doussa went on to emphasise that ‘having discrimination enshrined in law serves to send the symbolic message that discrimination on the basis of sexual orientation is okay.’
The report has been welcomed by GLBT lobby groups across the nation, who have called on the government to implement the recommendations in the report. Spokesperson for the Gay and Lesbian Rights Lobby, Ghassan Kassisieh, stated that the themes raised in the HREOC report had been being raised by activists for over a decade and that the government needed to act on the report and ‘comprehensively implement an inclusive definition of de facto that includes same-sex relationships and families as a first step towards full equality for all Australians.’
The cause has also been taken up by non-GLBT-specific organisations, including online activist group GetUp! Following the release of the HREOC report, GetUp! began it’s Equal Love, Equal Rights campaign, featuring an online petition calling on the government to act immediately to address the discrimination faced by same-sex couples. Over 20,000 signatures had been gathered within less than a week of launching the petition, which GetUp! Executive Director Brett Solomon stated was a clear message from the people of Australia, and represents ‘the sorts of numbers that politicians cannot afford to ignore.’
In the face of widespread calls for action, the response from both federal Liberal and Labor parties has been largely muted. Prime Minister John Howard’s response was to quickly assert that his Liberal Coalition government ‘certainly didn’t support discrimination’. However, the Prime Minister has a record of 11 years of inaction on same-sex discrimination and a stated refusal to not commit to action until he had properly looked at the report.
The news from Federal Labor was little better, with Joe Ludwig, Shadow Attorney General, stating that the Federal ALP were ‘committed to removing’ the discrimination faced by same-sex couples. However, he would not be drawn on any timetable for doing so should Federal ALP win government.
It’s an issue which is not likely to go away, however, with the HREOC report coming on the back of a groundswell of change.
Locally, all states and territories across Australia have made a concerted effort to remove discrimination against same-sex couples and GLBT individuals generally from their laws. These changes have received broad support, with recent surveys, such as the Galaxy Poll commissioned by GetUp! finding that 71% of Australians agree that same-sex partners should have the same legal rights as de facto heterosexual couples.
Internationally, many countries – including those traditionally seen as predominantly Catholic, such as Spain – have taken steps to eliminate discrimination against same-sex couples and beyond that, provide for recognition of same-sex relationships in law via, in some cases, provisions for marriage or civil unions. Australia is charged with falling well behind the rest of the world on GLBT human rights. And the situation is not going unnoticed. International human rights group, Human Rights Watch, based in New York, distributed a media release calling on John Howard to implement the findings of the HREOC report. Boris Dittrich, spokesperson for the group drew attention to the Howard Government’s poor record on GLBT rights and observed that ‘Howard’s government claims that it is “defending marriage,†but in reality its policies hurt families . . . denying equal rights can damage and divide same-sex couples and their children.’
Clearly, there is a mood for change, nationally and abroad. What remains to be seen is how quickly this change will be translated into action.
To read the Same-Sex, Same Entitlements Report, click here. An abbreviated ‘Community Guide’ is also available on the website
To sign GetUp!’s petition calling for the implementation of the HREOC recommendations, visit www.getup.org.au.
