* Adopted by the Committee at its seventieth session (2–20 July 2018).

Concluding observations on the eighth periodic report of Australia *

1.The Committee considered the eighth periodic report of Australia (CEDAW/C/AUS/8) at its 1602nd and 1603rd meetings (see CEDAW/C/SR.1602 and CEDAW/C/SR.1603), held on 3 July 2018. The Committee’s list of issues and questions is contained in CEDAW/C/AUS/Q/8 and the responses of Australia are contained in CEDAW/C/AUS/Q/8/Add.1.

A.Introduction

2.The Committee appreciates the submission by the State party of its eighth periodic report, although it was submitted with a two-year delay. It also appreciates the State party’s follow-up report (CEDAW/C/AUL/CO/7/Add.1) and its written replies to the list of issues and questions raised by the pre-sessional working group, as well as the oral presentation by the delegation and the further clarifications provided in response to the questions posed orally by the Committee during the dialogue.

3.The Committee commends the State party on its delegation, which was headed by the First Assistant Secretary of the Office for Women within the Department of the Prime Minister and Cabinet, Trish Bergin. The delegation also included representatives of the Indigenous Affairs Group, the Department of the Prime Minister and Cabinet, the Department of Social Services, the Department of Home Affairs, the Department of Foreign Affairs and Trade and the Embassy of Australia in Paris.

B.Positive aspects

4.The Committee welcomes the progress achieved since the consideration in 2010 of the State party’s seventh periodic report (CEDAW/C/AUL/7) in undertaking legislative reforms, in particular the adoption of the following:

(a)Amendments to the Marriage Act 1961, guaranteeing the right to marry for all couples, regardless of gender, in 2017;

(b)Amendments to the Crimes (Domestic and Personal Violence) Act 2007 of the New South Wales legislature, extending the powers of the police to detain defendants in cases of gender-based violence so as to ensure the immediate safety of the victim and promoting the exchange of information between support services, in 2014;

(c)Crimes Legislation Amendment (Slavery, Slavery-like Conditions and People Trafficking) Act, criminalizing forced marriage, in 2013;

(d)Amendments to the Sex Discrimination Act 1984, prohibiting discrimination on grounds of sexual orientation, gender identity and intersex status, in 2013;

(e)Workplace Gender Equality Act, in 2012;

(f)Paid Parental Leave and Other Legislation Amendment Act, introducing the paid parental leave scheme and the “dad and partner” pay programme, in 2012;

(g)Amendments to the Sex Discrimination Act 1984, prohibiting direct discrimination against employees on the basis of their family responsibilities and strengthening protection against sexual harassment in the workplace and in schools, in 2011;

(h)Amendment to the Family Law Act, introducing a definition of family violence that includes examples of behaviour that may constitute family violence, including physical, emotional and economic abuse, in 2011.

5.The Committee welcomes the State party’s efforts to improve its institutional and policy framework aimed at accelerating the elimination of discrimination against women and promoting gender equality, such as the adoption of the following:

(a)Australian Government strategy (“Towards 2025”) to boost the participation of women in the workforce, in 2017;

(b)National action plan to combat human trafficking and slavery (2015‑2019), in 2014;

(c)National action plan on women, peace and security (2012–2018), in 2012;

(d)National plan to reduce violence against women and their children (2010‑2022), in 2011, and its third three-year action plan (2016–2019), in 2016.

6.The Committee welcomes the fact that, in the period since the consideration of the previous report, the State party has ratified the following international instruments:

(a)Optional Protocol to the Convention against Torture, in 2017;

(b)Paris Agreement, in 2016.

Sustainable Development Goals

7.The Committee welcomes the international support for the Sustainable Development Goals and calls for the realization of de jure and de facto substantive gender equality, in accordance with the provisions of the Convention, throughout the process of implementing the 2030 Agenda for Sustainable Development. The Committee recalls the importance of Goal 5 and of the mainstreaming of the principles of equality and non-discrimination throughout all 17 Goals. It urges the State party to recognize women as the driving force of the sustainable development of the country and to adopt relevant policies and strategies to that effect.

C.Parliament

8. The Committee stresses the crucial role of the legislative power in ensuring the full implementation of the Convention (see the statement by the Committee on its relationship with parliamentarians, adopted at the forty-fifth session, in 2010). It invites Parliament, in line with its mandate, to take the necessary steps regarding the implementation of the present concluding observations between now and the submission of the next periodic report.

D.Principal areas of concern and recommendations

Withdrawal of reservations

9.The Committee welcomes the State party’s commitment to repealing restrictions on combat roles in the Australian Defence Force. It remains concerned, however, about the lack of measures taken to withdraw its reservation to article 11 (2) of the Convention.

10. The Committee recommends that the State party:

(a) Expedite the adoption of an amendment to the Sex Discrimination Act allowing women to assume combat roles and withdraw its corresponding reservation to article 7 (b) of the Convention;

(b) Expedite the legislative steps necessary to withdraw its reservation to article 11 (2) of the Convention.

Constitutional and legal framework for gender equality

11.The Committee notes the following with concern:

(a)That, in the absence of a charter of human rights, the Constitution of the State party does not contain a guarantee of equality between women and men or a general prohibition of discrimination against women;

(b)The absence of constitutional recognition of the rights of the First Nations, as a result of which indigenous women are deprived of their rights;

(c)The lack of harmonization of anti-discrimination legislation;

(d)Gaps in the effectiveness of the Sex Discrimination Act;

(e)The limitations on the role of the Parliamentary Joint Committee on Human Rights.

12. Recalling its general recommendation No. 28 (2010) on the core obligations of States parties under article 2 of the Convention, the Committee recommends that the State party:

(a) Fully incorporate the Convention into national law by adopting a charter of human rights that includes a guarantee of equality between women and men, as required by article 2 of the Convention, and prohibits discrimination against women, in accordance with article 1 of the Convention;

(b) Recognize First Nations in the Constitution to enable indigenous women to claim their rights;

(c) Harmonize federal, state and territory legislation against discrimination, on the basis of best practices that are in line with the Convention;

(d) Implement the remaining recommendations for enhancing the effectiveness of the Sex Discrimination Act that were made in 2008 by the Standing Committee on Legal and Constitutional Affairs;

(e) Strengthen the capacity of the Parliamentary Joint Committee on Human Rights to comment on bills, ensure that its assessments are systematically given due consideration and allow it to conduct own-motion inquiries into legislation and broader human rights issues.

Access to justice

13.The Committee welcomes the initiatives of the Australian Capital Territory and the Northern Territory to fund translation and interpretation services in courts and tribunals, as well as in specialist family and domestic violence services. It is concerned, however, about the following:

(a)The lack of culture- and gender-sensitive legal processes at the national level and the non-recognition of Aboriginal customary laws that are in line with international human rights obligations, resulting in mistrust in the justice system among indigenous women and girls;

(b)Budget cuts that limit access for women and girls to legal aid for employment litigation, welfare benefit litigation and criminal and family law disputes;

(c)The merger of the family courts and federal circuit courts before the results of the first comprehensive review of the family law system and its responsiveness to the contemporary needs of families became available.

14. The Committee recommends, in line with its general recommendation No. 33 (2015) on women’s access to justice, that the State party:

(a) Implement the recommendations made in 1996 by the Australian Law Reform Commission on the recognition of Aboriginal customary laws and extend culturally sensitive judicial processes to all jurisdictions, using the Koori courts in Victoria and the circle sentencing programme in the Australian Capital Territory and in New South Wales as a model;

(b) Implement the recommendations made in 2014 by the Productivity Commission in the report on its inquiry into access to ju stice arrangements , including by ensuring adequate funding for legal aid commissions and community-based legal services;

(c) Postpone the reorganization of the family court system to take into account the results of the Australian Law Reform Commission’s review of the family law system, due to be released in March 2019.

National machinery for the advancement of women

15.The Committee welcomes the relocation of the Office for Women to the Department of the Prime Minister and Cabinet in order to promote gender mainstreaming in all government policies and programmes. It is concerned, however, that the Office for Women is unable to carry out that mandate efficiently or to coordinate, on the basis of measurable targets, policies and mechanisms for gender equality throughout the State party. It is also concerned about the absence of a comprehensive national gender equality policy and of a targeted action plan, with indicators, to address the structural factors that perpetuate inequalities between women and men.

16. The Committee recommends that the State party, in line with the Committee’s general recommendation No. 28, adopt a comprehensive national gender equality policy with performance indicators to address the structural factors resulting in inequalities between men and women and ensure that the Office for Women has a strong mandate and sufficient human and financial resources to coordinate and monitor the implementation of that policy throughout the territory of the State party.

National human rights institution

17.The Committee is concerned about past reductions in the public financial resources allocated to the Australian Human Rights Commission, making it dependent on the fundraising and support of private entities and thereby endangering its independence.

18. The Committee recommends that the State party allocate the human, technical and financial resources necessary to enable the institution to discharge its mandate on women’s rights and gender equality effectively and with full independence, in accordance with the principles relating to the status of national institutions for the promotion and protection of human rights (the Paris Principles).

Women human rights defenders

19.The Committee welcomes the establishment, in 2015, of the Office of the eSafety Commissioner to ensure online safety for users. It is concerned, however, about the following:

(a)Provisions in the National Partnership Agreement on Legal Assistance Services that restrict the ability of civil society organizations to advocate for women’s rights;

(b)The risk that the ongoing review of the electoral legislation amendment bill will place further restrictions on the freedom of expression of civil society organizations;

(c)Online harassment and abuse of women advocating for women’s rights.

20. In line with the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, the Committee recommends that the State party:

(a) Remove provisions from the National Partnership Agreement on Legal Assistance Services that restrict the ability of civil society organizations to advocate for women’s rights;

(b) Ensure that civil society organizations can exercise the right to freedom of expression;

(c) Reinforce the activities of the eSafety Commissioner to protect women human rights defenders, raise awareness of their important role in the protection and promotion of women’s human rights and protect them from violations of those rights by third parties.

Temporary special measures

21.The Committee welcomes the special recruitment of women by the Federal Police in September 2017. It is concerned, however, that temporary special measures may not be used sufficiently to accelerate progress towards substantive gender equality.

22. The Committee recalls its previous recommendation ( CEDAW/C/AUL/ CO/7 , para. 27) and recommends that the State party put into place temporary special measures to accelerate the equal participation of women in political and public life, education, employment and the health sector, including with regard to women facing intersecting forms of discrimination.

Stereotypes

23.The Committee takes note of the State party’s initiatives to challenge negative attitudes that exacerbate gender-based violence against women. It is concerned, however, that the absence of a holistic strategy to address negative social and cultural patterns in public discourse, the media, the workplace, schools, universities, health institutions and the judiciary exacerbates discrimination against various groups of women on the basis of their gender, belonging to an indigenous group, migration, asylum or social status, religion, ethnicity, nationality, colour, age, disability, sexual orientation or gender identity.

24. The Committee recommends that the State party develop a comprehensive strategy to overcome discriminatory stereotypes regarding the roles and responsibilities of women and men in the family and society and raise awareness of the benefits for Australian society of respecting and protecting the diversity of its population, aiming at the full inclusion of Aboriginal and Torres Strait Islander women, migrant women and their daughters, including those born in the State party , women belonging to ethnic minority groups, refugee and asylum-seeking women, women with disabilities, foreign women, older women, women in poverty, women belonging to religious minority groups, lesbian, bisexual and transgender women and intersex persons.

Harmful practices

25.The Committee takes note of the State party’s commitment to providing support for women who are victims of forced marriage, regardless of their cooperation with the prosecution authorities. It is concerned, however, about the following:

(a)The low number of prosecutions of cases of forced marriage;

(b)The lack of systematic data collection on the number of women who have been subjected to forced marriage or female genital mutilation;

(c)The conduct of medically unnecessary procedures on intersex infants and children before they reach an age when they are able to provide their free, prior and informed consent, as well as inadequate support and counselling for families of intersex children and inadequate remedies for victims;

(d)The non-consensual administration of contraceptives to, performance of abortions on and sterilization of women with disabilities.