The Australian Building Codes Board has launched a public consultation in order to promote inclusivity and gender diverse acceptance through the introduction of all ‘gender’ sanitary facilities.
ABCP proposal:
- Change in terminology from ‘sex’ to ‘gender’ and ‘unisex’ to ‘accessible.’
The Australian Government Guidelines on the recognition of sex and gender define:
•Gender as ‘…part of a person’s social and personal identity. It refers to each person’s deeply felt internal and individual identity and the way a person presents and is recognised within the community. A person’s gender refers to outward social markers, including their name, outward appearance, mannerisms and dress. A person’s sex and gender may not necessarily be the same. An individual’s gender may or may not correspond with their sex assigned at birth, and some people may identify as neither
exclusively male nor female’
•Sex as, ‘the chromosomal, gonadal and anatomical characteristics associated with biological sex. Individuals may have a range of circumstances or undergo a variety of treatments that make it difficult to define a true biological sex. - Rationale for the proposed change in terminology from ‘sex’ to ‘gender’
Improving inclusivity: the term ‘gender’ is more encompassing and recognises a spectrum of identities beyond binary male and female.
Gender diversity acceptance: use of ‘gender’ acknowledges and respects diverse gender identities.
Contemporary language: the term ‘gender’ is increasingly used, recognising individuals according to their self-defined identity.
WST response:
Language matters
Gender identity is based on fluid and potentially ever changing feelings about sex role stereotyping. Sex is immutable and a biological reality. Individuals feelings about their ‘gender’ is not the the basis on which the ABCB should consider making changes to language or provision of facilities in planning laws that impact on the biological needs of girls and women.
We oppose replacing the words sex with gender as this further exposes women to the known risks and harms, reported nationally and internationally, of males who can quite simply ‘identify’ as female, at any moment, and enter these previous safe single sex facilities for women.
To suggest this is an inclusive measure, takes no heed of the mounting evidence to the contrary:
https://www.dailymail.co.uk/news/article-13322419/Brisbane-State-High-School-unisex-toilets.html
https://www.theguardian.com/education/2024/may/01/kemi-badenoch-school-single-sex-toilets-claims
https://www.womensrights.network/post/keep-school-toilets-single-sex
Girls and women should not be required to shoulder any additional burden of risk from males, regardless of how they might spontaneously identify, in order to comply with laws they do not agree with.
To change sex to gender is not inclusive or respectful of the needs of women who for obvious reasons use toilet facilities in a very different manner to males and for additional purposes to males.
As outlined in the Australian Building Code Board consultation papers “sex is the chromosomal, gonadal and anatomical characteristics associated with biological sex” Chromosomes as part of our DNA are immutable, and you can not talk about inclusivity while at the same time trying to erase the immutability of sex for gender.
Furthermore, replacing sex with gender on toilet facilities contravenes the Convention on the Elimination of Discrimination Against Women (CEDAW), a treaty which Australia is a signatory. The convention states that discrimination against women is ”any distinction, exclusion or restrictions made on the basis of sex which has the effect or purpose impairing or nullifying this recognition”.
According to the Australian Bureau of Statistics (ABS) recent census data, Australia is composed of 12.9 million females of all ages, constituting 51% of the population or roughly 102.7 females for every 100 males. In contrast only 0.17% of the population identify as non-binary. These statistics do not warrant such changes to language or designated use of facilities.
Girls and women throughout Australia are speaking out against all gender facilities. They don’t want males in their facilities whether they identify as female or not. All gender facilities compromise women’s privacy and safety, go against our human dignity and can result in girls and women avoiding using such facilities and potentially causing mental or
physical health issues. Women are currently legally contesting the very real adverse impacts of self ID laws and the need to properly define sex in the federal Sex Discrimination Act and state Anti Discrimination laws.
It is worth noting that the Sex Discrimination Act protects individuals from unfair treatment on the basis of sex and gender identity. Rather than changing any of the building codes by changing language that results in discrimination and risks to girls and women, the ABCB needs to listen to 51% of the Australian population.
Multicultural exclusion and discrimination
The Australian Government has not consulted with organisations from diverse ethnic and cultural backgrounds with regard to implementation of language and laws purported to be inclusive and acknowledging diversity. Rather the majority of Australians from diverse ethnic and cultural backgrounds oppose these changes and recognise that sex is the correct terminology to apply to biological reality.
Sex self ID laws and the associated manipulation of language should not be the basis on which the ABCB develop policy.
The ABCB need to develop policy on the basis of recognising the biological needs, safety, dignity and respect for girls and women and respect for our multicultural society.
Dr Elizabeth Caballero Pastor (retired GP)
Women Speak Tasmania