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The current Law Commission issues / discussion paper was instigated to investigate whether the Human Rights Act 1993 provides adequate protection against discrimination for 'people who are transgender, people who are non-binary and people with innate variations of sex characteristics and, if not, what amendments should be made.'
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We believe the Law Commission have overreached with this consultation and have created unnecessary conflict between sex-based rights and the right for gender non-conforming people to live their lives free from harassment and discrimination.
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We are writing to the Minister of Justice, Paul Goldsmith and ask that you add your signature to the letter - send the message to the Minister that this is not acceptable. Women will not be erased.
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Dear Minister Goldsmith,
The Law Commission Issues paper has made several references to the definition of Sex in law.
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Use of the phrase “Assigned at birth” - Sex is determined at conception and observed at birth.
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Introduces the concept that Sex is something other than a biological, objective fact.
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Suggests that exceptions on the basis of Sex could also include gender identity.
We call on you to reject all advice to include any amendments to the Human Rights Act 1993 that would undermine the fundamental meaning of Sex in law.
Sex is incorporated into the Human Rights Act 1993 in sections 21, 26-28, 39, 43, 45-49,55, 58, 59, 70.
Any changes to the meaning, other than to a fact based biological definition will have a direct and negative impact on the intent of these sections.
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The original intention of the Law Commission consultation was to examine the appropriateness of the current protections. We believe the Law Commission have overreached with this consultation and have created unnecessary conflict between sex-based rights and the right for gender non-conforming people to live their lives free from harassment and discrimination.
We call on you to ensure that any definition of sex includes the following:
The trait that determines whether a sexually reproducing organism produces male or female gametes.
Definitions based on ideological concepts have no place in our legislation.
Speak Up for Women is a women’s rights advocacy organisation.
Our vision is for women and girls to maintain sex-based services, spaces and opportunities in New Zealand.