Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1694818603963.pdf (Australia)
RELIGIOUS DISCRIMINATION BILL 2021 RELIGIOUS DISCRIMINATION BILL (CONSEQUENTIAL AMENDMENTS) BILL 2021 HUMAN RIGHTS LEGISLATION AMENDMENT BILL 2021 Children by Choice Submission 21 December 2021 PJCHR Religious Discrimination Bill 2021 and related billsSubmission 150 ABOUT CHILDREN BY CHOICE Children by Choice provides counselling, information and education services on all pregnancy options, including abortion, adoption, alternative care, kinship care and parenting.
We provide a Queensland-wide counselling, information and referral service, deliver sexual and reproductive health education sessions in schools and youth centres, and offer training for GPs and other health and community professionals on pregnancy options, reproductive coercion and post-abortion counselling.

We also advocate for improvements to law and policy that would increase women and people who can become pregnant’s access to reproductive health services and information.
We are recognised nationally and internationally as a key advocacy group for the needs and rights of women and pregnant people in relation to reproductive and sexual health.

Our Annual Reports are available on our website at www.childrenbychoice.org.au.

Children by Choice office is on the lands of the Turrbal and Jaggera people.
CONTACT 2 PJCHR Religious Discrimination Bill 2021 and related billsSubmission 150 Executive summary Children by Choice would like to thank the Parliamentary Joint Committee on Human Rights for the opportunity to contribute to the Religious Discrimination Bill and the Human Rights Legislation Amendment Bill 2021.
Children by Choice recognises the importance of protections against discrimination but is concerned that the Religious Discrimination Bill will impact already marginalised and vulnerable populations by eroding their protections against experiencing discrimination.
Children by Choice hold particular concerns around the Religious Discrimination Bill’s intersection with state and territory termination of pregnancy legislation and the human right to access healthcare – in particular access to timely and compassionate sexual and reproductive healthcare.
While we welcome the removal of conscientious objection in healthcare clauses from the Religious Discrimination Bill since its second exposure draft, we cannot support the Religious Discrimination Bill and its related bills.
Children by Choice also hold concerns about changes to the Bill since the second exposure draft which will override state and territory discrimination protections which will impact groups such as women, LGBTIQA+ people, people with disability and people from marginalised cultural groups.

The Bills should not be passed by the commonwealth in their current form.
The proposed Bills have not adequately resolved when and how faith based organisations should be able to discriminate based on religious beliefs or activities of their employees, students and members of the public who rely on their services.

The existing exemptions that unfairly allow faith based organisations to discriminate based on sex, sexual orientation, gender identity, marital status or pregnancy also remain unaddressed by these proposed reforms.
Children by Choice supports the submissions of Equality Rights Alliance, Equality Australia and QCOSS.

We also have several recommendations for the Parliamentary Joint Committee below.

3 PJCHR Religious Discrimination Bill 2021 and related billsSubmission 150 RECOMMENDATIONS 1.
Children by Choice recommends the Religious Discrimination Bill is considered alongside existing state and territory discrimination legislation and ensure the right to access healthcare is not impeded by the introduction of any Bill.

Children by Choice asks that this Bill is considered in conjunction with state and territory legislation on discrimination and human rights and ensure there are no unintended consequences to this Bill that may impact the human right to access healthcare.
Our particular concern is the accessing of sexual and reproductive healthcare in Australia which can already create challenges and barriers, especially for more marginalised people.

Most termination of pregnancy legislation contains conscientious objection clauses which ensure that the right to conscientiously object to procedures such as abortion is not at the expense of a persons right to access timely and compassionate healthcare.
Conscientious objection provision is sufficient when it comes to health professionals having the ability to opt out of abortion and there is no need for any further protections based on religious belief or speech needed in these settings.

Health professionals already operate within medical standards and professional practice in regards to obtaining informed consent.
It is here that health professionals may give a ‘statement of belief’ which is not relevant to ensuring the best health outcome for the patient.

This happens currently in practice and does not need protection.

A patient’s decision making process should be free from ‘statements of belief’.

The right to access healthcare without barriers and to give informed consent to medical procedures is a human right and this Bill may impact this.
While Children by Choice agree that no one should face discrimination, we have concerns that this Bill will protect religious belief or religious speech at the cost of the human rights of others.

This Bill will remove existing protections for discriminatory behaviour in the form of statements of religious belief and makes no provision for balancing the freedom of religion against rights to non- discrimination.
The groups this will impact include women, girls, people of colour, people with disability and LGBTIQA+ communities.

Protecting the right to freedom of thought, conscience and religion does not have to happen at the expense of other rights.

2.

Human Rights Act Children by Choice recommend that Australia legislates a Human Rights Act in line with the international standard and that this would provide a commonwealth lens and responsibility on all human rights.
Unlike most similar liberal democracies, Australia does not have a Bill of Rights.

Instead, protections for human rights may be found in the Constitution and in legislation passed by the Commonwealth Parliament or State or Territory Parliaments.

4 PJCHR Religious Discrimination Bill 2021 and related billsSubmission 150 This is an opportunity for the Commonwealth to introduce a Human Rights Act in line with community expectation.

3.
3.

National Sexual and Reproductive Health Strategy In Australia, where the overall population is among the healthiest in the world, we have unacceptably high levels of sexual and reproductive ill health.

Australia needs a comprehensive and evidence-based national sexual and reproductive health strategy and Children by Choice strongly supports this as an important measure to combat discrimination that is having serious impacts on many Australians.

WHAT ARE THE KEY ACTIONS NEEDED?
• Core teaching competencies & minimum standards for relationships & sexual health education • Consistent national minimum data collection of key sexual and reproductive health indicators • Full burden of disease assessment and economic evaluation of a national strategy • A national research program and national clearinghouse on sexual and reproductive health • Provision of a full range of contraception and community information strategies • Sexual and reproductive health services and workforce development • Legal, safe, accessible and affordable pregnancy termination services WHAT WILL BE GAINED A comprehensive and evidence-based national strategy would provide leadership in the co- ordination of public health action to: • Promote respectful, equitable, non-violent relationships • Reduce rates of unwanted sex and sexual violence • Reduce rates of unplanned and unwanted pregnancy • Improve comprehensive and appropriate sexual and reproductive health data collection • Reduce preventable infertility • Reduce the transmission and prevalence of STIs and HIV • Reduce the economic costs associated with sexual and reproductive ill-health • Reduce discrimination associated with early parenthood or sexuality and gender identity and the associated poor health • Reduce the stigma associated with STIs and HIV • Improve the overall sexual and reproductive health and wellbeing of the Australian community WHAT WE FACE IF WE DON'T ACT NOW • An increasing burden of illness and spiralling costs associated with poor sexual and reproductive health • Continuing gaps in knowledge due to inadequate data collection • Avoidable mental illness burdens from associated sexual and reproductive problems 5 PJCHR Religious Discrimination Bill 2021 and related billsSubmission 150 • Less effective inter-dependent, but poorly coordinated strategies • A climate of 'moral panic' about rates of abortion, teenage mothers or 'abandoned babies' as a product of high rates of unplanned and unwanted pregnancy • Continued inequitable access to sexual and reproductive health services Conclusion Children by Choice appreciates the opportunity to make a submission to the Religious Discrimination Bill and the Human Rights Legislation Amendment Bill 2021.
We have 3 key recommendations for the commonwealth – consider any Bill alongside state and territory legislation and determine the purpose of any federal legislation meets the expectations of the community.

To introduce a Human Rights Act to Australia, and to implement a Sexual and Reproductive Health Strategy nationally.

6 PJCHR Religious Discrimination Bill 2021 and related billsSubmission 150