Commission granted leave to intervene in High Court IVF case
The Human Rights and Equal Opportunity Commission has today been granted leave to intervene in proceedings brought by the Australian Catholic Bishops Conference in the High Court that involve issues of major importance to women throughout Australia.
These proceedings arose out of legislation of the Victorian parliament that prevented single women and same sex couples from accessing IVF and other assisted reproduction services. The application could, if successful, threaten the marital status provisions of the Sex Discrimination Act. As such, the issues raised by the Bishops are not only concerned with access to IVF services, but threaten broader, existing rights for women.
Like many other societies, Australia has an undoubted history of discriminating against women on the basis of marital status. Indeed, it was only in 1966 that the Federal government amended legislation that required women to retire from the Australian Public service when they were married. It was in the context of that history that the protections against marital status discrimination in the Sex Discrimination Act were introduced.
The Commission has always been active in seeking to protect women's rights. The most recent example is its appearance at the Senate Committee into the Federal Government's proposed amendments to the Sex Discrimination Act.
The Commission has thus sought leave to intervene to maintain protections against marital status discrimination for women.
The Commission will also seek to argue that any exceptions to the unlawful discrimination provisions of the Sex Discrimination Act should be read narrowly. By arguing for this approach, the Commission is seeking to ensure that the Sex Discrimination Act continues to protect as many women as possible.
Media contact: James Iliffe (02) 9284 9880
