Legal

Articles about legal cases and judgements, and policing matters.

Australian Law Reform Commission submission

Submission to the ALRC on reform of the family law system

IHRA has made a submission to the Australian Law Reform Commission regarding its discussion paper on reform of the family law system, with a focus on reform of the welfare jurisdiction to ensure that children with intersex variations and persons with disabilities are protected from harmful practices.

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Submissions to the UN Committee on the Rights of the Child

IHRA has made a submission to the UN Committee on the Rights of the Child, kindly endorsed by the AIS Support Group Australia, Disabled People’s Organisations of Australia, National LGBTI Health Alliance, and People with Disability Australia. As a member of the Australian Child Rights Taskforce, IHRA also participated in the development and submission of a joint shadow report.

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Submission to the AHRC on protecting rights in medical settings

We are pleased to share our submission to the Australian Human Rights Commission in respect of its inquiry on protecting the human rights of people born with variations in sex characteristics in the context of medical interventions. The submission has been kindly endorsed by the AIS Support Group Australia (AISSGA), Disabled People’s Organisations Australia (DPOA),…
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Morgan Carpenter: new peer-reviewed papers on medical “normalisation” and legal “othering”

We are pleased to share a current and recent peer-reviewed journal article by co-executive director Morgan Carpenter, on intersex health and human rights, and an associated book chapter. In an open access peer-reviewed journal article and a book chapter, Morgan describes contradictions where medicine construct intersex bodies as either female or male while law and…
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Statement on Re: Kelvin

We commend the Full Court of the Family Court in deciding to permit a competent transgender adolescent to make their own informed decision about stage 2 hormone treatment, in consultation with clinicians and their parents. We hope that Kelvin is also well connected with his peers. As the Australian Human Rights Commission has noted, this…
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The Family Court case Re: Kaitlin [2017] FamCA 83

The Family Court of Australia has recently published a new case involving an intersex child, this time where the parents sought consent for their child, an adolescent, to obtain treatment for “gender dysphoria”. Unlike in the recent Family Court case Re Carla (Medical procedure) [2016] Fam CA 7, the case was not supported by a…
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RightsTalk, 22 February 2017: Anna Brown, Imam Nur Warsame, Morgan Carpenter, and Ed Santow

Morgan Carpenter: RightsTalk on protecting the rights of intersex people

On 22 February 2017, co-executive director Morgan Carpenter spoke at an Australian Human Rights Commission RightsTalk, on “Creating Equality – The Role of Law in Protecting SOGII Rights”. The event was hosted by Human Rights Commissioner Ed Santow, with Anna Brown, Director of Advocacy and Strategic Litigation, Human Right Law Centre and Imam Nur Warsame,…
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The Family Court case Re: Carla (Medical procedure) [2016] FamCA 7

The Family Court has recently published a decision on the sterilisation of a 5-year old child and, unfortunately, it reveals that: earlier genital surgery that “enhanced” her genitals without Court approval was viewed without concern, and with no evidence of necessity. The idea of “enhancing” the genitals of an infant or young child is disturbing….
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Third International Intersex Forum, 2013

High Court: NSW Registrar of Births, Deaths and Marriages v. Norrie

Update: We welcome the High Court judgement to recognise Norrie as having “non-specific” gender. We take no pleasure in having to comment on this case, currently before the High Court, Australia’s highest court, which has a hearing likely to be heard on 4 March 2014. However, the case raises the stakes for intersex people in…
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