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Some actions that are directly relevant to the legal recognition of sex include: The federal government should consider the development ifles national guidelines concerning the collection of sex and gender information from individuals. As discussions continued on the blog, the Commissioner also responded to various issues. Another difficulty is that, as discussed earlier, there are not universally accepted notions of what constitutes sex and what constitutes gender and therefore, what records of sex and gender should be kept.
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Some definitions and words are contested and draw strong views from some members of the sex and gender diverse community. Most of the information the Commission received concerning the legal recognition of sex was conducted through the Sex Files blog. Blog participant We need to determine why our sex is relevant to anyone except ourselves and our loved ones In addition, Yogyakarta Principle 3 details actions that countries such as Australia should undertake to ensure they are not in breach of their human rights obligations. Persons of diverse sexual orientations and gender identities shall enjoy legal capacity in all aspects of life.
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People who are sex and gender diverse have the same human rights as other Australians. In addition to the Sex Files blog, the Commission also heard about the legal recognition of sex through its public and stakeholder meetings as well as in written submissions. The Court emphasised the significant impact on the lives of the applicants and others in a similar position arising from the failure of the domestic legal system to properly recognise their change in sex following gender reassignment surgery. In the event that Recommendation 11 fails to result in sufficient support from state and territory governments, the federal government should consider legislation to: These public meetings enabled the Commissioner to hear firsthand the difficulties faced by people who are sex and gender diverse in having their identity recognised.
The existing identification systems provide very little scope for a person to identify as other than male or female. The Commission has used this information to analyse the deficiencies in the current system and to support its recommendations.