The Australian Human Rights Commission has previously argued for minors to be given life changing surgeries and puberty blockers under the ‘gender affirmation’ model. They claimed these treatments could be reversed, weren’t risky and were supported by science: none of these are true.
The UK Cass review has completely discredited ‘gender affirmation’ for children. It’s time for the taxpayer funded Human Rights Commission to rule out ever supporting children being put onto puberty blockers or sex-change surgery ever again.
Transcript
Senator ROBERTS: Thank you for appearing tonight. I’ve got questions on gender—sex change. My questions are to the commissioner who looks at gender-affirmation care and children. That may be Dr Cody; is that right?
Dr Cody: That’s correct.
Senator ROBERTS: I want to make clear, from the start of these questions, that I support adults doing whatever they like if they want to transition or attempt to transition. However, I draw the line at children. Previously, the commission has argued in court that puberty blockers were ‘reversible’, the risk of a wrong decision to give a child puberty blockers was ‘low’ and the outcome of a wrong decision would not be ‘grave’. My questions to the commission are: do you still stand by that position completely, and why the hell are you in court arguing to put children on puberty blockers?
Dr Cody: I believe that you are referring to family court decisions in which we have intervened as amicus. I’m not aware of the details of those specific cases. I would have to educate myself around exactly what our argument was. We do not have any intention to—or any cases in which we are intervening, or have sought to intervene, as amicus in relation to the use of puberty blockers or gender-affirming care with children.
Senator ROBERTS: But your words are significant. Are you a medical doctor?
Dr Cody: I’m not.
Senator ROBERTS: There’s no good evidence that puberty blockers are reversible, and the effects of puberty blockers on the developing brain of a child are simply unknown. Why should the Australian taxpayer be funding the commission to argue for children to make irreversible changes to their body that we have no good clinical evidence for?
Dr Cody: One of the fundamental human rights that we all have is a right to health care. That includes children—the importance of all children having the appropriate access to health care from the moment they are born right through until they turn 18. Gender-affirming health care is a part of that access to health care.
Senator ROBERTS: Okay, let’s continue. The Cass review in the UK—have you heard of that?
Dr Cody: I have.
Senator ROBERTS: It was one of the most sweeping and intensive inquiries into puberty blockers for children. The Cass review said that the evidence for puberty blockers is so poor that they should be confined to ethically controlled clinical trials, and cross-sex hormones for minors should only be used with extreme caution. The Cass review had the gender affirmation treatment protocol used at the Royal Children’s Hospital Melbourne independently evaluated for the scientific rigour in development. Do you know what it scored?
Dr Cody: I’m sorry, what scored? I didn’t catch the first part of that question.
Senator ROBERTS: It had the gender affirmation treatment protocol used at the Royal Children’s Hospital Melbourne independently evaluated for the scientific rigour in development. It scored 19 out of 100—very low rigour. Are you aware that, in the United States, there was a US$10 million report over nine years that was not published because the lead author didn’t want the results to be public? Those results were that there were no improvements in the mental health of children who received puberty blockers after two years. Are you aware of that?
Dr Cody: I’m not aware of that study in the United States. In relation to the Cass review, one of the findings of that review was recognising the importance of having a holistic approach to health care—which we have in Australia—that includes a psychologist’s treatment, social work treatment and having wraparound services with a GP and psychiatric assistance for any child who has any issues around their gender. One of those recommendations is something that we actually have within Australia and that we’re lucky to have within our healthcare system.
Senator ROBERTS: Until recently, it’s been almost automatic in some areas to put children who suffer from gender dysphoria, which is not uncommon in adolescents, on affirmation to change their gender. I can’t remember the name of the institute—it’s either the Australia-New Zealand society of psychiatrists or psychologists that has come out recently saying gender affirmation is not recommended. When are you going to stop going to court at taxpayer expense arguing for these experimental, life-changing, irreversible, mentally damaging chemical treatments to be given to children.
Dr Cody: At the moment, we are not intervening as amicus in any cases before the Family Court.
Senator ROBERTS: I think this question will probably go to the president. In your opening statement, you say:
Human rights are the blueprint for a decent, dignified life for all. Human rights are the key to creating the kind of society we all want to live in …
Could you tell me what is the field of human rights? What rights are encompassed in the field of human rights?
Mr de Kretser: The modern human rights movement started after World War II with the Universal Declaration of Human Rights, where the international community, after the horrors of World War II and the Holocaust said, ‘No more. These are the basic standards that everyone, no matter who they are or where they are, needs to lead a decent, dignified life.’ They have then been expressed in two key international treaties, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, and various other treaties have codified aspects of rights since then. The human rights in those treaties have only been partly implemented in domestic Australian law, which is why we’re calling for a human rights act to properly implement Australia’s international obligations and to properly protect people’s and community’s human rights in Australia. Is there a specific human right or aspect that I can address for you?
Senator ROBERTS: I’d just like to know what you see as the core human rights that humans have and that you’re overseeing in this country?
Mr de Kretser: The legislation that we have—our discrimination laws—implements the obligations to protect aspects of the right to equality, for example. We have seven commissioners. Six of the seven are thematically focused on different rights: Commissioner Cody, obviously, is focused on equality rights; Commissioner Hollonds is focused on child rights; Commissioner Fitzgerald is focused on the rights of older persons—and the like. The key international treaties are the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural rights.
CHAIR: I don’t want to interrupt this really helpful lecture on human rights law. If you’ve got a punchline question, you should get to that now.
Senator ROBERTS: Is freedom of speech seen as a human right?
CHAIR: Yes. Good question.
Mr de Kretser: Absolutely. Freedom of expression—our freedom of speech—is an aspect of that. Freedom of peaceful assembly, freedom of religion and the like are critical human rights.
CHAIR: That’s all the questions we have for you this evening. Thank you very much for your time. Thank you for the work that you did on the framework and delivering that in the last couple of days. I know it’s taken an enormous amount of work.