Submission to the Senate Inquiry into the "Sex Discrimination Amendment Bill (N0.1) 2000 M.A.N. is pleased to have the opportunity to make this submission to the Senate Committee and indeed makes this submission because we hold grave concerns that the passage of this Bill will Further Discriminate against an already marginalised minority group by further reducing our fundamental Human Rights. M.A.N. Is concerned that the Government in preparing this Bill has not taken into account the Complex Problems that will be created for Female to Male transsexual who live and share loving relationships with a Female Partner. We urge you to read this submission and the attached document "The Transsexual Man as a Father" written by Dr. Stephen Whittle. M.A.N. would like the opportunity to meet with the committee to discuss the problems caused if this Bill is passed and becomes Law. The Universal Declaration of Human Rights 1948 Article 16 (1) states " Men and Women of Full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution." Section 51 of the Australian Constitution firmly places the Powers with regards to Marriage and it's recognition within the scope of the Federal Government. We submit that to allow the passage of this Bill would enable the gross injustices currently faced by the FTM community to not only continue but would in fact lead to them being further diminished. While the Department of Social Security will recognize a Transsexual man's "True" Gender as will The Department of Health through Medicare. The current Position is that the Federal Government Will not allow a FTM Transsexual to Marry (restricted by the Australian Marriage Act - I refer the Committee to the Previous Senate Inquiry into Sexuality and Gender Discrimination 1995 which Identified numerous ways in which the fundamental Human Rights of Transsexuals are denied) By allowing the states to legislate to limit access to ART on the basis of Marital status you as members of the Federal Parliament will further limit our Human Rights. As we can not legally marry. To be placed in a position where a man's fundamental Human right to found a Family is limited on the basis of which state he lives in is abhorrent and is clearly in conflict with the spirit of section 109 of the Australian Constitution. Why should a Man who lives in Queensland be denied the opportunity to found a family when a Man who lives in NSW is not. As you are fully aware Australia is signatory to a number of International Treaties including the International Covenant on Civil And Political Rights which has indeed been incorporated into the Human Rights and Equal Opportunity Commission Act 1986 and which states in Article 26 "All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect , the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status." We urge the Federal Parliament not to abrogate its powers and indeed responsibilities on this matter to the States and Territories , but to stand strong and uphold your clear responsibilities as identified by the Federal High Court in the Legal Descion that has lead to the Introduction of this Bill. The Transsexual Man as a Father Written by Dr. Stephen Whittle, PFC Vice President [UK]			Home ·  About M.A.N. ·  Activism ·  F.A.Q.'s ·  Legal ·  Documents ·  Publications ·  Education ·  Health ·  Supporters ·  Links ·  Sitemap ·  Contact Related ·  Myths ·  Definitions ·  Intersex Condition ·  Focus & Priorities ·  mensaustnet
	Last modified: 28 January 2003

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