The Australian Government⁴⁷ values the views and perspectives of the Australian community. As part of Australia's long-standing commitment to transparency, the Government funded the development of a shadow report from independent civil society organisations, outlining their views on Australia's implementation of CEDAW commitments. Additionally, Australia released its draft ninth periodic report for public consultation, closing on 26 September 2024.

The Government received 20 submissions from diverse stakeholders including individuals, women's rights experts and civil society organisations in Australia. Beyond a shared commitment to gender equality and the elimination of discrimination against women and girls in Australia, there was no clear consensus. Issues raised in the submissions are summarised below - in summarising submissions, the term 'respondents' does not indicate a common theme across submissions or consensus.

The views and terminology expressed in this public consultation summary are not necessarily the positions of the Australian Government.

Legislation and enshrining human rights

Article 11(2) of CEDAW

Respondents expressed support for Australia to remove its reservation to article 11(2). They noted that despite progress on paid parental leave and anti-discrimination on the grounds of marriage and maternity, employers continue to express direct or unconscious bias toward women regarding marriage or maternity.

Respondents noted that the gender pay gap remains a systemic issue affecting women through to retirement specifically their level of superannuation compared to men. This is particularly evident for women taking time away from the workforce to undertake unpaid care after the birth or adoption of a child.

Legislative amendments

Respondents commended the inclusion of General Practitioners as an Information Sharing Entity (ISE) enabled in the amended Privacy and Data Protection Act 2014 (Vic) and the Victorian Family Violence Information Sharing Scheme (FVISS) operating under the Family Violence Protection Act 2008 (Vic). Respondents recommend that similar FVISSs be applied in each state and territory.

Respondents were concerned amendments to the Sex Discrimination Act 1984 (Cth), made in 2013, which removed male and female definitions without providing a definition of gender, may increase ambiguity and leave a definition open to interpretation. This may decrease previous safeguards for biological women. Respondents also reflected on the complexity concerning the legal recognition of transgender women and how their rights intersect with the rights of biological women and girls. Respondents acknowledged the need to support transgender women and ensure their safety and recognition in society, while also expressing concern over the perceived erosion of biological women's rights, including in women's sports and women's safety in traditional women's only spaces.

A respondent commented that the implementation and enforcement mechanisms of new or existing legal protections are perceived as slow and may not translate into meaningful, everyday improvements in the lives of women, particularly transgender and gender-diverse women.

Respondents said that reforms to the Family Law Act 1984 (Cth) were positive however practical support for families, parents, and women was lacking, particularly access to adequate legal aid funding, perceived unsafe legal proceedings, and a lack of training for persons working in the justice system. Respondents recommend training to increase awareness and understanding of lived experiences of those going through the family law system to provide a more compassionate and empathetic environment.

Constitutional recognition for First Nations peoples

Respondents reflected on the referendum to recognise The First Peoples of Australia in the Constitution, through the establishment of an Aboriginal and Torres Strait Islander Voice, which was not successful. Respondents said we must respect the outcome of the referendum, whilst acknowledging the negative impacts this decision continues to have on First Nations communities' health and wellbeing and where the outcome has perpetuated experiences of racism and feelings of exclusion and inequity for many Indigenous people.

National Human Rights institution

Respondents expressed support for a federal Human Rights Act, however recognised existing federal anti-discrimination legislation and state-based Human Rights Acts provided protections.

Eliminating gender-based violence against women and girls

Respondents were supportive of work being done by federal, state and territory governments in responding to the crisis of gender-based violence in Australia. Respondents recommend increased training to stakeholders including health professionals and teachers, where this was not already provided and where stakeholders may have direct exposure to women or children experiencing violence.

Respondents recommend further training for police officers to properly identify female victims of domestic violence, noting evidence women, particularly First Nations women, are being misidentified as the perpetrator of domestic violence when they are a victim.

Respondents requested an increase in inclusive domestic violence services tailored to transgender women, including access to women's shelters and crisis support centres. Respondents also recommend future phases of the National Plan address specific needs of transgender and gender-diverse people who are at risk or are survivors of violence.

Overcoming stereotypes

Respondents noted artificial intelligence (AI) and technology-facilitated gender-based violence (TFGBV) pose a risk to women and girls globally and recommend the development of AI and TFGBV public awareness campaigns.

Respondents noted First Nations women experience multiple layers of discrimination in relation to gender and Indigeneity, compounded by historical trauma and other socio-cultural inequalities. First Nations women are often portrayed negatively in the media, based on sexist colonial narratives that dehumanise and marginalise Indigenous women. Respondents request government support to shift this narrative in the media, to value First Nations women and girls for the roles they play in Australian society as leaders, activists, and knowledge holders.

Respondents recommend the Government, with media organisations, develop guidelines, in collaboration with First Nations women and girls, to promote fair and accurate representations of First Nations women.

Workplace, employment and education

In regards to the gender pay gap, respondents noted the impact of lower paying female-dominated industries and recommend national pay standards to ensure pay disparity that exists across jurisdictions (for example, the health sector) is limited/eliminated to support recruitment and retention.

Respondents request continued government funding for civil society to develop resources that equip workplaces with appropriate training, tools and advice to prevent discrimination and prevent violence against women in the workforce, this should include regularly tracking the progress of workplaces and industries in Australia in their elimination of discrimination against women.

Respondents pointed to research in 2020 that found one in 10 First Nations children across Australia reported being treated unfairly at school because of their race and that this can make a child feel isolated, ashamed and powerless. The impact is that children do not always feel safe reporting incidents of unfair treatment. Respondents recommend increased training to ensure those in positions of authority can recognise, and in culturally-appropriate ways, support children experiencing discrimination.

Respondents noted the availability of quality education services in remote and very remote locations remains inconsistent across the country and sought a national review to determine where there are gaps for children accessing quality education.

They observed that to deliver the Australian curriculum in its current form, teachers needed both content knowledge and sufficient understanding of Indigenous culture, society and affairs to be able to include First Nations perspectives in their teaching. Respondents reported this is lacking in many areas around Australia and needs to be rectified as part of Australia's move toward reconciliation.

Health and access

Access to health care and government services

Respondents recommend increased Medicare rebates for sexual and reproductive health and mental health services as well as an increased level of maternity care for women in the criminal justice system.

Respondents expressed concern over access to health services, particularly for

First Nations women and girls and those living in rural, remote and isolated communities where they face unique challenges, experiences and social determinants of health.

Respondents noted programs outlined in the periodic report are positive, however highlighted gaps and opportunities to improve equity of access for women living and working in rural and remote areas. Australian governments have made progress in health access and intersectionality yet more could be done to consistently apply intersectionality to policy and implementation in the health sector, disaster recovery and climate change.

Respondents reported that those living in remote and isolated communities, including First Nations women, felt 'abandoned' by governments and want a stronger focus in the provision of affordable services, in addition to accessible and suitable services, specifically in the areas of family violence, child removal, homelessness, substance abuse, poor mental health and suicide. Sustainable policies, programs and services on prevention and early intervention were requested. It was reported that current responses do not address the root cause of disadvantage experienced by Indigenous communities, which limits their effectiveness over the longer-term.

Culturally-appropriate health services

Respondents recommend increasing culturally-appropriate care initiatives in partnership with Indigenous communities and diverse hospital/heath sectors. Culturally-appropriate health services would extend to the way health data is collected, analysed and reported, which, if done correctly, respectfully and with the involvement of First Nations communities, would positively influence policy development and clinical practice.

Despite the growing recognition of the impact of historic trauma on the social and emotional wellbeing of Indigenous people, respondents noted there was a need to better understand the lived experiences of grandmothers, mothers and their children in accessing health services, and rectifying knowledge gaps with service providers in how to appropriately address intergenerational trauma when engaging with First Nations women and children.

Access to abortion services

Respondents reported that the 2023 changes to dispensing and prescribing of a medical abortion drug, mifepristone and misoprostol (MS-2 Step©), were a positive step toward improving access to safe and affordable abortions, however respondents requested more support for midwives in providing non-directive pregnancy counselling. Respondents recommend considering national harmonisation of legislation for access to safe medical and surgical abortion services.

COVID-19, disaster response, climate change

Disaster response

Respondents recommend that in emergency situations, particularly natural disasters, Australia's first responders and emergency services establish gendered triaging to ensure women and children have access to separate rooms in shelters and evacuation centres, reporting that women in Australia have been exposed to unsafe unisex environments when seeking safety following a natural disaster.

Respondents considered that government support during COVID-19, particularly in the early stages of the pandemic, did not fairly compensate women for the increase in their unpaid contributions, where women were forced to leave the workforce or reduce hours to care for children unable to attend school.

The increase in domestic, family and sexual violence was also highlighted with recommendations that future national or global disaster response should include programs to support women and children who experience new or increased exposure to domestic and sexual violence resulting from lockdown conditions.

Climate action

Respondents supported work being done in Australia, however recommend increased recognition for the leadership role many women play at a local, national and global level in response to climate change and disaster management.

Respondents recommend governments increase partnerships with First Nations communities on climate action and disaster risk management, recognising First Nations peoples have a deep understanding and connection to Country, including ecosystem and land management practices developed over tens of thousands of years.