Submission to the public consultation on the Human

Rights and Anti-Discrimination Bill 21 December


From: Professor Sheila Jeffreys, School of Social and Political Sciences,

University of Melbourne. Author of a number of book chapters and refereed

journal articles on transgender politics and law.

The right to ‘gender identity’: a clash with the rights of women

This submission addresses the addition of a new ‘protected attribute’ in the

Human Rights Bill, that of ‘gender identity’. The protected attribute of ‘sex’,

under which women are protected from discrimination, is still in the list, but

adding the new category of ‘gender identity’, could potentially create a clash of

rights between male-bodied transgenders on the one hand, and those

disadvantaged on the grounds of sex, women. In other jurisdictions, such

legislation has seen the emergence of successful legal challenges in which

malebodied transgenders have sought access to spaces previously reserved for

women, including…

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