Human rights lawyers call for national census to include the Intersex community
Australian Lawyers for Human Rights (ALHR) expresses concern at the Albanese Government’s announcement that the 2026 National Census will continue to exclude people born with innate variations of sex characteristics, despite the inclusion of sex, sexuality and gender questions.
The announcement has been confirmed by the Australian Bureau of Statistics, who previously worked with leading Intersex organisation Intersex Human Rights Australia, to develop a clear and workable question on sex characteristics.
ALHR President Nicholas Stewart said ‘While the decision to include questions on sexuality and gender is welcomed, the decision to not include a question on innate variations of sex characteristics is profoundly disappointing. It means that governments and services across Australia will not have access to much-needed information on the health and wellbeing of people with innate variations of sex characteristics (intersex variations). This decision is at odds with the 2020 ABS Standard, and new standards for health and medical research.
The Intersex community is the most invisibilised and under-counted population in the LGBTI umbrella, with complex ongoing health needs, including mental health needs. People with innate variations of sex characteristics suffer from serious health inequalities across a range of metrics, and are poorly served in terms of mental and physical health support, particularly as adults.”
ALHR LGBTIQ committee co chair Georgia Burke said “Multiple United Nations bodies have repeatedly called on Australia to address a pattern of human rights abuses against infants, children, adolescents and adults born with intersex variations occurs in Australia. The media and governments in Australia frequently reveal a poor grasp of the lived experiences of people with innate variations of sex characteristics – for example, the 2013 National Gender Recognition Guidelines were developed and promulgated by the federal government. These guidelines mischaracterise intersex as a third sex, which intersex advocates have long sought to amend, without success. The Darlington Statement, developed by a consortium of Australian and New Zealand intersex organisations and individuals, expressly advocates against third sex characterization of intersex.’
ALHR LGBTIQ committee member and Chair of Intersex Human Rights Australia, Dr Aileen Kennedy, said, “This is a slap in the face for a population which has been ignored, disregarded and made invisible for decades. Despite complex health and mental health needs, there is a dearth of available data on this population. The Australian Government and the Australian media, must progress the inclusion of Australians with innate variations of sex characteristics.”
To arrange an interview or for more information, contact: mj@jcp.com.au For more information about ALHR visit www.alhr.org.au