LGBTI children

Children born with intersex variations



Intersex people are people born with variations in sex characteristics (including chromosomal variations, different physical responses to sex hormones, or different developmental hormone balances and anatomies). Intersex variations may be discovered at birth, during childhood or adolescence, in adulthood or not at all.

People with intersex variations are at risk of non-consensual and unnecessary medical interventions. This may be undertaken even where there is no medical need, and usually takes place to conform to ideas about what male and female bodies should look like. When these interventions occur without the informed consent of the individual, this is a violation of their human rights.

Children are particularly at risk as they often have no or limited capacity to consent.



The Commission is currently undertaking a project on how best to protect the human rights of people born with variations in sex characteristics in the context of medical interventions. Learn more about the current project and how to be involved.





Trans and gender diverse children



People can have a range of different gender identities. The Commission uses the term 'gender diverse' to describe gender identities that fall outside of a typical male or female gender identity. Often people might identify as 'non-binary' to describe a gender identity that falls outside the male/female binary, although a number of different identities exist. To reflect their understanding of themselves, some people may choose to transition socially, legally and/or medically. 



Children who seek medical transition often face barriers to accessing adequate and appropriate healthcare. 



Previously, children diagnosed with gender dysphoria who sought access to ‘stage 2 treatment’ – access to gender-affirming hormone treatment (either oestrogen or testosterone) – were required to go through the Family Court for authorisation.

This approach has largely changed following the decision of the Full Court of the Family Court in the matter of Re: Kelvin [2017] FamCAFC 258 in 2017. Now, children diagnosed with gender dysphoria who seek access to stage 2 treatment, where their parents and clinicians agree, no longer need to go through the stressful and expensive process of seeking Court authorisation. The Commission intervened in Re Kelvin to assist the Court and welcomes the decision.

Court authorisation is still required however for children diagnosed with gender dysphoria who are under state care or where their parents do not agree.

Following Re: Matthew [2018] FamCA 161 in 2018, Court authorisation is also not required for ‘stage 3 treatment’ – undertaking surgical interventions – again where the child’s parents and clinicians agree. Unlike Re Kelvin, this decision was a first instance decision by a single judge in the Family Court and is therefore not binding on other judges in the Family Court.





Education



Young people who are, or assumed to be, lesbian, gay, bisexual, trans, gender diverse, non-binary, or intersex can face particular issues in their schooling.

The Commission’s Resilient Individuals: Sexual Orientation, Gender Identity & Intersex Rights report highlighted some of the following concerns:

• Harassment and abuse at school and concerns for safety

• Lack of visibility in LGBTI representation in school policy, the curriculum and leadership

• Lack of comprehensive sexual health education

• Particular concerns for young people in religious schools

• Concerns regarding the appropriateness of school chaplaincy programs

Read more about the Commission’s work on Children’s Rights here.

Read more about the Commission’s work on SOGIESC issues here.