Australian Lawyers for Human Rights (ALHR) welcomes the introduction of the Sex Discrimination and Fair Work Amendment (Equality in Treatment in Religious Schools) Bill by independent MP Allegra Spender and urges the Commonwealth Parliament to support reforms that will strengthen legal protections against discrimination in Australian educational institutions.
The Bill seeks to remove exemptions that currently permit religious schools to discriminate against certain students and employees, including LGBTQIA+ people, and individuals on the basis of their relationship, marital or pregnancy status.
ALHR's Chair of the LGBTQIA+ Subcommittee, Monica Serci, said the proposed reforms would promote equal treatment under the law while recognising the importance of religious freedom.
"The law plays a critical role in establishing the standards by which members of our community are treated. No student or school employee should be placed at a disadvantage because of an inherent aspect of their identity or because of their personal relationships.
"Respect for religious belief and the protection of individuals from discrimination are not mutually exclusive principles. Our legal framework should be capable of safeguarding both."
"Australia has made significant progress towards equality over recent decades, yet these legislative exemptions continue to permit forms of discrimination that would not be tolerated in most other areas of public life. Reform is both appropriate and overdue."
Mx Serci said educational settings should foster safety, inclusion and opportunity for all students.
"Children and young people thrive when they are able to participate fully in school life without fear of exclusion, stigma or unequal treatment. The law should support that objective."
ALHR President, Nicholas Stewart, said the Bill presents Parliament with an important opportunity to align Australian law more closely with fundamental human rights principles.
"Equality before the law is a cornerstone of a democratic society. Legislative exemptions that permit discrimination against particular groups require careful scrutiny and compelling justification."
"The right to manifest religious belief is a protected human right, but so too are the rights to dignity, equality and freedom from discrimination. Good law seeks to balance those rights rather than elevating one at the expense of another."
"Australian Lawyers for Human Rights supports reforms that recognise the inherent dignity of every person and ensure that students and employees are assessed on their merits, not excluded because of who they are."
Mr Stewart said that legal protections should reflect contemporary community expectations and Australia's commitment to international human rights standards.
"The removal of discriminatory exemptions would be an important step towards ensuring that all students and staff are afforded equal respect, equal opportunity and equal protection under the law."
ALHR has long advocated for laws and policies that uphold human dignity, equality and non- discrimination. The organisation encourages all members of Parliament to carefully consider the human rights implications of the current exemptions and to support reforms that promote fairness, inclusion and equal treatment for all Australians.
About us:
ALHR was established in 1993 and is a national association of Australian solicitors, barristers, academics, judicial officers and law students who practise and promote international human rights law in Australia. ALHR has active and engaged National, State and Territory committees and specialist thematic committees. Through advocacy, media engagement, education, networking, research and training, ALHR promotes, practices and protects universally accepted standards of human rights throughout Australia and overseas.
