Intersex rights in Australia
| Intersex rights in Australia | |
|---|---|
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|
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| Prohibition of non-consensual medical interventions? | No |
| Reparations? | No |
| Anti-discrimination protection | Federal, some States |
| Access to identification documents | Yes |
| Access to same rights as other men and women | No |
| Changing M/F identification documents | Yes |
| Third gender or sex classifications | Yes |
| Marriage | Depends on status |
| Rights by country | |
Intersex rights in Australia are protections and rights afforded to intersex people to various degrees, principally through the Sex Discrimination Act 1984 (Cth) which makes it unlawful to discriminate against a person based upon that person's intersex status in contexts such as work, education, provision of services, and accommodation.
Australia was the first country to conduct a parliamentary inquiry into involuntary or coerced medical interventions on intersex people. A recent Family Court case authorising a gonadectomy and consequential surgery on a young child has attracted public commentary for disclosing those medical interventions, their rationales, and a prior clitorectomy and labiaplasty.
Early common law, like canon law, held that hermaphrodites were to be treated as male or female depending on the prevailing sex. However, in 1979 the Family Court of Australia annulled the marriage of an intersex man who had been "born a male and had been reared as a male" on the basis that he was an hermaphrodite.
The Androgen Insensitivity Syndrome Support Group Australia is thought to be world's oldest intersex civil society organization, founded in 1985.Organisation Intersex International Australia was established in 2009. The two organizations have campaigned for political recognition and bodily autonomy, with some success.
Alex MacFarlane is believed to be amongst the first people worldwide to legally secure a birth certificate and passport recording sex as indeterminate, reported in January 2003.Phoebe Hart directed the award-winning autobiographical road trip movie Orchids, My Intersex Adventure with her sister, Bonnie Hart, in 2010, promoting awareness of intersex issues. Tony Briffa became the world's first openly intersex mayor, and "the first known intersex public office-bearer in the Western world", serving as Deputy Mayor of the City of Hobsons Bay, Victoria, between 2009 and 2011, and Mayor between 2011–2012.
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