Complaints

Search

Woman of the World - CEDAW and the Sex Discrimination Act

Woman of the World - Know Your International Human Rights

CEDAW and the Sex Discrimination Act

The sex discrimination act gives effect to Australia's obligations under CEDAW and parts of the International Labour Organisation Convention 156Since it became a signatory to CEDAW, Australia has developed many mechanisms for enforcing the rights enshrined within this Convention. At the forefront are the mechanisms and ideals provided by the Sex Discrimination Act 1984 (Cth) (the Sex Discrimination Act). The criminal justice system, the legal system and cultural attitudes, among others, are also utilised for the implementation and enforcement of the rights enshrined in CEDAW.

What is the Sex Discrimination Act?

The Sex Discrimination Act is federal legislation, which makes sex discrimination against the law. The Sex Discrimination Act was passed in 1984. The parliamentary debate surrounding the enactment was filled with controversy and in some ways resembled the debate that surrounded the signing of CEDAW, as similar views were expressed.

"The sex discrimination bill 1983 contains provisions inconsistent with principles of justice and equality which will be used to undermine civil liberties and religious freedom. It could also be a means of undermining the traditional family structure of our nation."

From a petition presented to the Australian federal Parliament on December 8, 1983, commenting on introduction of the Sex Discrimination Act.

The Sex Discrimination Act gives effect to Australia's obligations under CEDAW and parts of the International Labour Organisation Convention 156. The major objectives of the Sex Discrimination Act are to:

  • promote equality between men and women;
  • eliminate discrimination on the basis of sex, marital status or pregnancy or potential pregnancy at work, in educational institutions, in the provision of goods and services, in the provision of accommodation and the administration of federal programs, and dismissal from work because of family responsibilities; and
  • eliminate sexual harassment at work, in educational institutions, in the provision of goods and services, in the provision of accommodation and the administration of federal programs.

In practical terms this means that in Australia it is against the law to discriminate on the basis of sex, marital status, pregnancy or potential pregnancy. The Sex Discrimination Act also prohibits sexual harassment and dismissal from employment on the basis of family responsibilities. Victimisation associated with any of these grounds is also prohibited. The Sex Discrimination Act makes it clear that in Australia, to live and work in an environment free of sex discrimination and sexual harassment is a human right - not a privilege.

How is the Sex Discrimination Act administered?

The Sex Discrimination Act is administered by the Sex Discrimination Commissioner under the auspices of the Human Rights and Equal Opportunity Commission. Complaints of sex discrimination are made to the President of the Human Rights and Equal Opportunity Commission. Complaints that are not conciliated within the Commission may be taken to the Federal Court or to the Federal Magistrate's Service. It is the role of the Sex Discrimination Commissioner to undertake research, policy and educative work designed to promote greater equality between men and women. Recent projects have concentrated on methods for eliminating discrimination on the ground of pregnancy or potential pregnancy, securing equal remuneration for male and female workers, examining the career options for women in the finance industry, and eliminating sexual harassment from the workplace. The Commissioner also has a broad educational role to highlight the rights of individuals, as well as the responsibility of all members of the community to respect the rights of others and to work cooperatively in developing a fair and cohesive society in Australia.

States and territories: All states and territories have anti-discrimination legislation in similar terms to the federal law. These laws are administered by state equal opportunity or anti-discrimination bodies.