Corey Irlam, the spokesperson for the Australian Coalition for Equality, has called on the federal Government to ensure anti-discrimination laws are consistent with international human rights principles relating to lesbian, gay, bisexual and sex and/or gender diverse (LGBTI) people as set out in the Yogyakarta Principles. 

The Yogyakarta Principles are the foremost international instrument setting out human rights protections on the basis of sexual orientation and gender identity. They were developed in consultation with the LGBTI community to protect against human rights violations which particularly affect LGBTI people worldwide. Mr Irlam has commented that ensuring anti-discrimination laws are consistent with the Yogyakarta Principles is particularly important for protecting the human rights of transgender people. While the Yogyakarta Principles do not cover human rights implications for intersex people, they nonetheless provide the best available framework for achieving effective outcomes in this area.

The Australian Coalition for Equality delivered a statement about human rights issues affecting LGBTI Australians at the recent Universal Periodic Review before the United Nations Human Rights Council in Geneva. The statement called on the Australian Government to make public commitments to introducing anti-discrimination laws and policies in accordance with the Yogyakarta Principles. 

As an example, an amendment to the Sex Discrimination Act 1984 (Cth) provides that state and territory laws requiring gender diverse people to divorce their spouse before they can obtain a birth certificate with their affirmed gender does not constitute discrimination under Australian law.  Yet this requirement is in clear violation of the right to recognition before the law enshrined in Yogyakarta
Principle 3:

"No status, such as marriage or parenthood, may be invoked as such to prevent the legal recognition of a person's gender identity."

Mr Irlam has called on NGO’s and human rights supporters to request that federal anti-discrimination laws meet the requirements of the Yogyakarta Principles.  The more that people raise the importance of the Yogyakarta Principles in their discussions and submissions over the coming weeks, the higher the chance of ensuring anti-discrimination laws adequately protect the human rights of LGBTI Australians.

You can find out more about the Yogyakarta Principles and putting them in action here and in the Activist's Guide.

Lee Carnie is a volunteer with the Human Rights Law Centre.