February 28^th, 2001

The Anglican Social Responsibilities Commission today welcomed the report of the Senate Legal and Constitutional Legislation Committee’s report into proposed amendments to the Sex Discrimination Act. The Committee’s inquiry was set up to look at amendments drafted by the Government in response to the Federal Court’s decision that the Victorian Government was in breach of its powers when it refused access to IVF procedures for a single woman.

“The report, and the additional comments and dissenting comments, demonstrate the range of opinions which exist in the community,” the Executive Officer of the Social Responsibilities Commission, Mr Theo Mackaay said.

“The Commission, in its written and oral submissions to the Committee, argued that a single court case was insufficient grounds for rushing to amend key human rights legislation.”

“We also put the view to the Committee that a much broader community debate on rights and responsibilities should precede any decision in regard to this complex matter. This was the focus of work prepared for the Commission by Dr Ian Barns of Murdoch University, who says:

“… life in Christian community stands in contrast with our culture of individualism. The highest virtue is not autonomy and the defence of rights, but mutual inter-dependence and learning to be part of the social body of Christ. Yet on the other hand, it does not mean an unqualified defence of ‘traditional’ forms of community, including ‘the nuclear family’”.

“It is superficially attractive to say, as the Attorney General submitted to the Committee, that the issues involve ‘the right of a child within our society to have the reasonable expectation, other things being equal, of the care and affection of both a mother and a father.’ However, that argument fails the test of ‘all things being equal’, because there are numerous circumstances in our society which stand in the way of children being raised by both biological parents,” Mr Mackaay said.

“The Commission has been very concerned that the Government has been so ready to compromise the Sex Discrimination Act. The Act is, as the Committee has pointed out, based on the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), and is Australia’s response to its obligations under international law as a signatory to the Convention. The proposed amendments would set a precedent for any government to overturn its obligations when it becomes convenient to do so.”

“The Commission re-iterates its view that this issue warrants extensive community debate about values, principles, rights and responsibilities. Until such debate happens, governments should tread very lightly,” Mr Mackaay concluded.

Contact: Theo Mackaay 0407 082 607