*Age Of Consent & Legal Sexual Activity for the State of
15th
July 2005 Letter from Queensland Anti-Discrimination
Commissioner Susan Booth to Attorney-General
Rod Welford and to Premier Peter
Beattie declaring that Queensland’s Sodomy Law “discriminates on the basis of sexuality. These
provisions of the Criminal Code are inconsistent with the object of the Anti-Discrimination
Act 1991 to promote equality for everyone and protect them from unfair
discrimination, and the premise upon which the legislation was enacted, namely,
that everyone should be equal before
and under the law and have the right to equal protection and equal benefit of
the law without discrimination.”
The Commissioner
concludes by stating that “It
is now imperative that
For jpg images of the ADCQ Commissioner’s letter
(an official copy) go to:
ADCQ Commissioner letter 15/7/05 page 1 of 2 (jpg
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ADCQ Commissioner letter 15/7/05 page 2 of 2 (jpg
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ADCQ
Anti Discrimination Commission
Our Ref: E/0009
The Honourable Rod Welford MP
Attorney-General and Minister for
Justice
GPO
Dear Attorney-General
DISCRIMINATION ON THE BASIS OF
SEXUALITY -
I write in
support of various community organisations and individuals who are seeking the
repeal of
The provisions
of the Criminal Code which impose different minimum ages at which persons can
lawfully participate in sexual intercourse are inconsistent with the objects of
the Anti-Discrimination Act 1991.
The real effect
of the Code that makes vaginal intercourse unlawful for a person aged under 16
years, and anal intercourse unlawful for a person aged under 18 years is to
treat homosexual males differently to heterosexual males and females. It
therefore discriminates on the basis of sexuality.
These provisions
of the Criminal Code are inconsistent with the object of the Anti-Discrimination
Act 1991 to promote equality for everyone and protect them from unfair
discrimination, and the premise upon which the legislation was enacted, namely,
that everyone should be equal before and under the law and have the right to
equal protection and equal benefit of the law without discrimination.
In 1994 in the
case of Toonen V Australia, the United Nations Human Rights Committee
ruled that the International Covenant on Civil and Political Riqhts prohibits
discrimination on the basis of sexual orientation. The older age limit for
lawful sodomy in section 208 of the Criminal Code therefore constitutes a
discriminatory provision which breaches Article 26 of the International
Covenant on Civil and Political Rights. Other States and Territories have,
since the decision in Toonen, repealed similar discriminatory and
homophobic laws.
As well, the statistics recently released by
Queensland Health and the research of Melbourne's La Trobe University indicate
that homosexual males under the age of 18 are sexually active, many are not
practicing safe sex, with an increased incidence of HIV infection.
The research provides a clear
message. It is now imperative that
These legislative changes will ensure
that
Yours sincerely
SUSAN BOOTH
Anti-Discrimination Commissioner Queensland
Cc The Honourable
Peter Beattie MP
Premier and Minister for Trade
P0
CITY
Cc Mr John Frame
WAVELL HEIGHTS QLD 4012
Cc. Action Reform Change