Creating Change: Politics, Evidence and Practice

Human Rights, Policy and Health

KEY MESSAGES:

• Intersex advocates reject the term "Disorders of sex development"
• Co terminosity needed for ART
• Health rights are human rights

Friday 11:00-11:30 A REVIEW OF TREATMENT OF CHILDREN BORN WITH INTERSEX CONDITIONS

Meg Gulbin & Martin Lum, Victorian Department of Health

Contact: meg.gulbin@health.vic.gov.au;  www.health.vic.gov.au/glbtimac

PRESENTERS’ BIO:

Dr Martin Lum MBChB (Otago), MBA (AGSM), FANZCA, AFACHSE Senior Medical Advisor, Department of Health, Victoria. Martin has a clinical background as a specialist anaesthetist, formerly Director of Anaesthesia in a large tertiary teaching hospital.  His experience includes retrieval medicine, development and innovation of surgical and peri-operative services.  Complimenting his clinical expertise, he completed an MBA at the Australian Graduate School of Management and has taught management trainees with the Australian College of Health Services Executives. Now with the Victorian Department of Health, he provides clinical, policy, and strategic advice regarding access, monitoring and performance of public health services in Victoria.  Meg Gulbin is a Senior Policy Adviser for the Victorian Department of Health. She currently the Executive Officer to the Victorian Ministerial Advisory Committee on GLBTI health and wellbeing.  She has a background in education and training, event management, health promotion, policy and resource development women's health and in particular lesbian health.  

ABSTRACT:

The societal context surrounding the treatment of children born with intersex conditions is dynamic and multi-dimensional.  Political interest was voiced by Victorian Ministerial Advisory Committees for GLBTI issues to the Attorney General and to the Minister for Health.   The two committees established a joint subcommittee with a focus on treatment and care of intersex infants only. A multi-disciplinary expert advisory group was convened to provide 'technical' specialist advice, including expert clinical opinion, human rights and legal advice to the joint subcommittee. The discussion paper published by the expert advisory group, made the following recommendations:  - honest and complete disclosure of the issues, diagnosis and treatments as well as standardised information, education, counselling and peer support for parents  - permitting parents time to reflect on all treatment options available  - informing the child in stages about their condition and seeking their consent for any medical intervention when they are old enough to make these important decisions for themselves  - a Victorian intersex clinical ethics subcommittee, particularly where genital surgery is considered, be formed  - The issue of informed legal consent is dependent on the circumstances of each individual case and authority for consent may come from the parents or the Family Court of Australia.  - the Family Court of Australia is used as an option of last resort, consistent with the clinical ethics committee process  - treatment and care of intersex infants is decided on in the best interests of the infant, on the basis of clinical evidence, within a multidisciplinary team and within a human rights/ethical framework  - a long-term management strategy that involves a range of professionals working with the family  - further research on the long-term outcomes of gender assignment.

Friday 11:30-12:00 IT'S CHANGED OUR LIVES': RESOURCES, LEGISLATION, POLICY AND OTHER STRATEGIES TO PROMOTE THE HEALTH AND WELLBEING OF LESBIAN-PARENTED FAMILIES

Liz Short, Victoria University

Contact: Liz.Short@vu.edu.au

PRESENTER’S BIO:

Liz Short is a lecturer at Victoria University, where she teaches in clinical and community psychology, and counselling theory and practice. She has previously also taught sociology and public health. As well as conducting her own research, she supervises doctorate and masters research, mainly focusing on the promotion of health and well-being, including in the areas of family-related law, the effects of discrimination and disadvantage, and promoting resilience. She is a clinical psychologist, and has worked since 1986 in a variety of practice settings, including services for women, community health, and psychiatric services. She has also worked in community development, policy and service system development and advice, as an activist and as a researcher.

ABSTRACT:

Although the heterosexism and discrimination encountered by lesbian women who are mothers can have negative practical, financial, social and psychological consequences, lesbian mothers and the families of lesbian mothers frequently thrive. This paper is based on in-depth interviews with 68 women from three States and Territories of Australia (56 lesbian mothers or intending mothers and 12 service providers or community organisers). The aim of this project was to explore and document aspects of the family life of lesbian women in Australia, including how the varying legal, public policy, social and discursive contexts (including the recent legal changes in to recognise both women in a female parenting couple as parents) shape family life and well-being. Interviews were analysed using a contemporary grounded theory approach, and contextualised with analysis of legal, public policy and other documents. This paper presents a range of the legal, social, emotional, and knowledge-based resources and strategies which can assist lesbian women to maintain resilience and well-being, and which can assist with navigating and resisting both structural and 'mundane' heterosexism and discrimination. A key focus is on the very significant recent Australian legislative amendments to remove gender and sexuality-based discrimination from family-related laws, and how this affects and shapes family life, relationships, discourses, attitudes and well-being. It is important to promote knowledge of these resources and strategies (including the importance of non-discriminatory laws and policies) to health and other service providers, public policy makers, legislators and community members. Knowledge about how lesbian women and their families can maintain resilience and well-being in the context of heterosexism and discrimination can also be of benefit to other people who experience discrimination and oppression, and to those wanting to create positive changes, including promoting social inclusion and well-being.

Friday 12:00-12:30 HEALTH, HOPE AND HUMAN RIGHTS

Helen Szoke, Victorian Equal Opportunity & Human Rights Commission

Contact: Helen.Szoke@veohrc.vic.gov.au; www.humanrightscommission.vic.gov.au

PRESENTER’S BIO:

Helen Szoke is the Commissioner with the Victorian Equal Opportunity and Human Rights Commission.  She has held this position since 1st October 2009. Previously she was the Chief Executive Officer and the Chief Conciliator for the Victorian Equal Opportunity and Human Rights Commission, a position she held since December 2004.  She has previously held positions relating to management, community development, organizational development and regulation in the education and health sectors.  Helen is currently a Director of the Adult Migrant Education Services, and a Board Member of Multicultural Arts Victoria.   She has held various other statutory and Directors positions including the National Health and Medical Research Licensing Committee, the Scientific Advisory Committee for the Key Centre for Womens Health, a Director with Womens Health Victoria and various community agencies.  She also served one term as a local city councillor.

ABSTRACT:

In recent times, best practice in health promotion has begun to move 'upstream', addressing primary prevention and the social determinants of health. With the advent of Social Inclusion as a dominant federal government agenda, we have more of an understanding of social determinants having major impacts upon our health and wellbeing. But is this enough?  Did you know that Australia is the only western democracy without some kind of charter of rights? Have you wondered whether a rights-based approach would make a difference to health and other social issues for LGBTIQ people?  This paper will explore human rights relevant to the health of LGBTIQ people as expressed in international law, the Yogyakarta Principles, and domestic human rights legislation including the Victorian Charter for Human Rights and Responsibilities.  Using practical examples, the paper will explore how rights-based principles can inform and improve service delivery, and converge with best practice in health promotion and social policy making.  How closely related are the principles of primary prevention and social policies that prevent human rights breaches? Why are they often set in competition with each other?  Rather than present the models as oppositional, this paper demonstrates that looking at LGBTIQ issues through a human rights filter not only complement health promotion best practice but is also likely to result in best social policy outcomes.