Australian Human Rights Lawyers Demand LGBTIQ inclusion in the National Census

August 27, 2024

As Australia prepares for its next National Census in 2026, Australian Lawyers for Human Rights (ALHR) seeks an overturn of the Australian Government’s decision to exclude the LGBTIQ community from the Census . 

ALHR Vice President Nicholas Stewart said ‘All members of society, including the LGBTIQ community, should be accurately counted and represented in Australia’s demography. This aligns with Australia’s obligations under international human rights laws, which emphasise the importance of equality in society, non-discrimination, and the right to recognition under the law.

Stewart continued: ‘Australia is a signatory to several key international human rights treaties, including the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). These treaties underscore the fundamental rights to equality and non-discrimination, obliging Australia to take measures to eliminate discrimination in all forms, including on the basis of sexual orientation and gender identity.

The Yogyakarta Principles plus 10 (YP+10), which offer guidance on the application of International Human Rights Law to sexual orientation, gender identity, gender expression and sex characteristics to complement the Yogyakarta Principles, also call for State parties to ensure that official documents accurately reflect an individual’s gender identity and to collect and analyze data to assess the experiences of LGBTIQ+ individuals. By failing to comprehensively include LGBTIQ+ identities in the national census, Australia risks falling short of its international commitments.

ALHR urges the Australian Government and the Australian Bureau of Statistics (ABS) to take immediate steps to rectify this situation. The ABS must ask comprehensive questions on sexual orientation, gender identity, and intersex status in the upcoming national census. 

To arrange an interview or for more information, contact: mj@jcp.com.au For more information about ALHR visit www.alhr.org.au