Human Rights Day 2024: “Our Rights, Our Future, Right Now”
As we commemorate Human Rights Day on December 10, 2024, let us embrace the truth that intersex rights are human rights. This year’s theme, “Our rights, our future, right now,” is a call to action that demands our immediate attention and unwavering dedication to uphold the rights of all individuals, including those with innate variations of sex characteristics (IVSC).
In 2024, the world faces numerous human rights challenges. Renewed hostilities in regions like Lebanon, Palestine, Israel, Sudan, Ukraine, Myanmar, and Ethiopia have caused immense suffering. Governments grapple with the impacts of climate change, including devastating wildfires, droughts, and storms. Economic inequality continues to rise, and the rights of women, girls, and LGBT people face severe backlash in many places. These crises underscore the urgent need for a robust human rights framework to protect and empower vulnerable populations.1
Human rights issues in Australia encompass a range of challenges, including systemic discrimination against Aboriginal and Torres Strait Islander peoples, overrepresentation in the criminal justice system, and ongoing struggles with health, education, and housing. The legacy of policies such as the Stolen Generations continues to impact their communities.2 Additionally, people with disabilities face significant barriers to accessibility, discrimination, and a lack of comprehensive legal protections. Despite ratifying the United Nations Convention on the Rights of Persons with Disabilities, Australia’s approach to disability rights is often fragmented and inconsistent.2
Australia also grapples with issues related to homelessness, poverty, and the rising cost of living, which have been exacerbated by recent economic challenges. Homelessness in Australia is a significant issue, with over 12,500 people who sought help from homelessness services dying within a year of seeking assistance between 2012-2022. The average age of death for those experiencing homelessness is just 46 years, compared to 83 years for the general population. The main causes of death include suicide and accidental poisoning (including drug overdoses).3 More than one in eight adults in Australia (13.4%) live in poverty, including one in six children. People relying on JobSeeker and Youth Allowance are at high risk of poverty, with 60% of households on JobSeeker living below the poverty line. Single parent families and people with disabilities are also particularly vulnerable.4 The cost of living in Australia has been rising, driven by factors such as interest rate increases and inflation. This has led to higher living expenses, making it difficult for many Australians to afford basic necessities.
Access to mental health services remains limited, with long waiting times and a shortage of mental health professionals. This is particularly concerning given the high rates of mental health issues among those experiencing homelessness and poverty. Asylum seekers and refugees face harsh conditions, including indefinite detention and limited access to essential services. Recently, the Australian government passed the Migration Amendment (Prohibiting Items in Immigration Detention Facilities) Bill, which allows authorities to seize mobile phones from detainees, further restricting their ability to communicate with the outside world. This bill has been criticised for undermining the rights and well-being of refugees and asylum seekers.5
Yet, amidst these challenges, there have been significant victories for human rights. Amnesty International reports that over the last year we have seen the release of political prisoners, changes in oppressive laws, and justice being served in various countries. For instance, there has been progress in the legal recognition of gender identity in several nations, groundbreaking climate justice rulings, and increased protections for human rights defenders. These wins highlight the power of collective action and the impact of advocacy efforts in driving positive change around the world. These triumphs are a testament to the relentless work of activists and organisations fighting for human rights, justice and equality.6
The Universal Declaration of Human Rights, adopted in 1948, laid the foundation for a world where human rights are the cornerstone of our shared humanity. These rights are not mere abstractions; they are the essence of our existence, protecting us from abuse and ensuring our dignity and respect. As UN Human Rights Chief Volker Türk eloquently stated, “Human rights are about people. They are about you and your life: your needs and wants and fears; your hopes for the present and the future.” This powerful message resonates deeply as we strive to empower individuals, communities, organisations and governments to make changes and forge a brighter future.1
In Australia, the protection of human rights remains a critical issue. Despite having anti-discrimination laws that protect against discrimination based on age, sex, disability, or race, many other rights, such as access to healthcare, education, a healthy environment, and children’s rights, are not fully protected by law. Currently, Australia stands as the only liberal democracy without a national Human Rights Act. This gap in legislation leaves many vulnerable to human rights abuses without sufficient recourse. A national Human Rights Act would compel the government to consider human rights in all decisions, provide avenues for individuals to challenge injustices, and offer remedies when rights are violated. The state-based Human Rights Acts in the ACT, Victoria, and Queensland serve as valuable models, showing the positive impacts such laws can have in protecting and empowering individuals.2
Despite that, the Australian Capital Territory (ACT) stands as the only jurisdiction in Australia with legislation specifically prohibiting non-consensual medical interventions on intersex infants and children. This pioneering law is a critical step towards protecting the bodily autonomy and rights of intersex individuals from infancy. However, such protections are urgently needed nationwide to ensure that intersex people across Australia are safeguarded from unnecessary and non-consensual surgeries. Expanding this legislation to the entire country would mark significant progress in upholding the human rights of intersex individuals and preventing lifelong harm.2
In a historic move earlier this year, the United Nations Human Rights Council adopted its first-ever resolution on intersex rights, titled “Combating Discrimination, Violence and Harmful Practices Against Intersex Persons.” This resolution calls on member states to enhance efforts to combat discrimination, violence, and harmful practices against intersex people, and to address the root causes such as stereotypes, misconceptions, stigma, and taboo. This landmark resolution is a significant step towards ensuring the highest attainable standard of physical and mental health for intersex individuals. As a member of the United Nations, Australia has a responsibility to align its legislation across all states and territories with these recommendations, ensuring comprehensive protection for intersex individuals.6
Intersex people often face profound challenges, including discrimination, medical mistreatment, shame and social stigma. The Darlington Statement demands the inclusion and recognition of intersex people in every aspect of their lives. It resounds with the powerful mantra, “Nothing about us without us,” insisting on the full participation of intersex individuals in decisions about their health, rights, bodily autonomy, and well-being.
For Türk, human rights are the common threads that weave us together, fostering peace and stability. By upholding universal values and principles, we can prevent violations and conflicts before they manifest. We must continue to push for legislative change to protect the rights and bodily autonomy of people with innate variations of sex characteristics.
As Dr. Morgan Carpenter, Executive Director of InterAction for Health and Human Rights, passionately asserts, “We are calling for the same rights as everybody else. It’s about the universality of human rights, including the rights to bodily integrity and bodily autonomy, and freedom from harmful practices.”2 Advocating for our rights determines our future. We know that change takes time and we only have the present moment to do what we can to further the progress. Today’s slogan- “Our rights, our future, right now” gives a sense of urgency but also a reminder for us all to do what we can in each moment to move ahead for change.
On this Human Rights Day, let us commit with fervour to doing what we can, within whatever capacity we are able, to make a difference. Together, we can create a future that is inclusive, equitable, and sustainable for all. Michael Kirby, former Justice of the High Court of Australia, aptly put it: “The protection of our liberties does not ultimately depend on parliaments or even the courts. It depends on the love of the people for liberty.”7 Let the call of human rights resonate within us, reigniting our love for liberty and driving us to action to create the shared vision of a world where everyone is free and equal.
Sources:
- Human Rights Day 2024 – “Our rights, our future, right now” | OHCHR
- Human Rights in Australia | Australian Human Rights Commission
- A new report links being homeless in Australia to dying 40 years early, Lisa Wood, University of Notre Dame Australia
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