OII Australia has made a formal submission to the Northern Territory Department of the Attorney General and Justice. It responds to a current consultation on law reform.
The submission notes that the Department’s discussion paper conflates sex classifications and sex characteristics. In doing so, the Department is unfortunately not unique in Australia.
We recommend that the Northern Territory government introduce protections on grounds of “sex characteristics” rather than “intersex status”, in line with a consensus statement by the Australian and Aotearoa/New Zealand intersex community, and the 2017 update to the Yogyakarta Principles on the application of international human rights law to sexual orientation, gender identity, gender expression and sex characteristics. A recommended definition of “sex characteristics” is provided by the Yogyakarta Principles update:
each person’s physical features relating to sex, including genitalia and other sexual and reproductive anatomy, chromosomes, hormones, and secondary physical features emerging from puberty
The consultation period closes on 31 January 2018.