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Submission — 4 November 2011

Submission to the Queensland Parliament's Legal Affairs, Police, Corrective Services and Emergency Services Committee concerning the Civil Partnerships Bill 2011 (Qld)

4 November 2011

Research Director
Legal Affairs, Police, Corrective Services and Emergency Services Committee
Parliament House
George Street
BRISBANE QLD 4000

Dear Madam or Sir

The Queensland Anti-Discrimination Commission writes in support of the Queensland Parliament passing the Civil Partnerships Bill which establishes the right of couples of the same or opposite sex to declare their relationship in a civil partnership ceremony, and provides a relationship registration scheme for such relationships.

Civil union or partnership schemes exist in the ACT, Tasmania, Victoria and NSW. The introduction of these schemes changes the law to bring equality to same sex couples. LGBT people have the right to be able to celebrate their relationship with their families, friends and colleagues. Their relationship has legal recognition and is registered by the State.

The right of LGBT couples to have their same sex marriage and/or civil unions recognised by the State is soundly based in international human rights principles.

Following an experts’ meeting held at GadjahMada University in Yogyakarta, Indonesia from 6 to 9 November 2006, 29 distinguished experts from 25 countries with diverse backgrounds and expertise relevant to issues of human rights law unanimously adopted the Yogyakarta Principles on the Application of International Human Rights Law in relation to Sexual Orientation and Gender Identity. The Yogyakarta Principles affirms binding international legal standards with which all States ought to comply.

Principal 24 (e) of the Yogyakarta Principles requires States to take all necessary legislative, administrative and other measures to ensure that in States that recognise same-sex marriages or registered partnerships, any entitlement, privilege, obligation or benefit available to different-sex married or registered partners is equally available to same-sex married or registered partners.

While this reform is not about marriage, civil unions are within the jurisdiction of the State of Queensland. Civil unions are an option for those that do not want to or cannot marry, but want legal recognition.

The Anti-Discrimination Commission encourages members of the Queensland Parliament to pass the Bill so it becomes the law in Queensland.

The Anti-Discrimination Commission thanks the Committee for the opportunity to make this submission.

Yours sincerely

KEVIN COCKS AM
Anti-Discrimination Commissioner
Queensland

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