The
NSW Anti-Discrimination Board Forum -
"The Neglected Communities"
By Elrae Wilson
On February 25 I was privileged to join an almost packed house to listen to a number of eminent speakers talking on behalf of a number of interest groups, on the general theme of discrimination and legal implications for the various “neglected communities”. The papers were designed to inform legislation related to the NSW Anti-Discrimination Board and the NSW Law Reform Commission. The evening was facilitated by Mr. Chris Puplick, Commissioner of the Anti-Discrimination Board of NSW, who despite being unable to keep speakers to time, ably, and sometimes humorously kept some control over events summing up major themes for many of the speakers.
Representatives attended the forum from the Greens, Democrats and Liberal parties with no representative from the Labor Party. The venue was the NSW Parliament House which provided a fitting backdrop to such an important forum. Speakers provided a good balance of personal stories and facts around the topic of “neglected communities” and were asked to submit their information as part of a package made available to each member of the audience.
Following speakers that included Georgina Beyer (Maori Member of Parliament from New Zealand), Elizabeth Riley (Manager of the NSW Gender Centre), Dr Jay Ramanathan (medical doctor who specialises in Health Promotion) and Rachael Wallbank (Solicitor and ‘woman of transsexual background), Tony Briffa presented a detailed and well-referenced paper regarding discrimination against people affected by intersex conditions on behalf of the AISSGA. Tony included descriptions of the various diverse conditions which belong under the umbrella of intersex, pointing out the incidence of intersex conditions, that only 25% of people with intersex conditions are born with ‘ambiguous’ genitalia, and the various issues of people affected by intersex conditions.
Tony also highlighted the clear distinctions between people with intersex conditions and people referred to as transgender or transsexual, and recommends that the definition of transgender in all NSW Acts should “expressly exclude those with intersex conditions”. [Now already in law in the ACT – Ed] Tony detailed the reasons for this in his submission and presentation, which includes issues of medical and scientific fact, legal rights, human rights, group identification, reduction of stigma, education and self-image.
Tony’s submission on behalf of the AISSGA made a number of recommendations for NSW law reform including:
1. state legislation provide protection from discrimination against those with genetic conditions;
2. parents and people affected by intersex conditions be given full disclosure of their condition;
3. state legislation defines terms in such a way that confusion is removed from surgical procedures for transsexuals and people with intersex conditions;
4. surgery on children with intersex conditions be limited to medically required surgery, with ‘cosmetic’, ‘normalising’ and/or non-therapeutic medical intervention only being performed with the consent of the Family Court;
5. expectant parents see a genetic counsellor if prenatal tests reveal a sex chromosome anomaly, particularly given the excellent genetic counselling services available in all states of Australia. They should also be given contact information for the relevant genetic support group so that they have a realistic and factual understanding of the effect of the condition;
6. genetic testing by employer groups is prohibited. Medical information should not be given to employers; rather they should receive a certificate of fitness from an applicant’s physician based on an accurate and detailed job description;
7. Medical Defence Organisations review their position on providing medical indemnity insurance for surgeons performing these ethically, legally and medically questionable procedures; and
8. government consult with groups such as AISSGA, when anti-discrimination and other law is formulated, in order to ensure appropriate outcomes for intersexed communities, as regards their care and legal rights.
Tony also presented real-life stories showing that many people with intersex conditions lead happy and successful lives, and are not outwardly different than other non-intersex people in society despite their experiences with their genetic condition.
The discussions with the NSW Government have already reaped some benefits with a formal committee established to review the treatment of children with intersex conditions. Anne Hider is our representative on that group.
A full review of the forum and the AISSGA’s submission to the NSW Anti-Discrimination Board and Law Reform Commission is available by clicking here.
with
questions or comments about this web site.