Australia breaching human rights over same-sex divorce: UN
The United Nations has ruled that Australia is breaching its human rights obligations because it does not allow same-sex divorces. Queensland woman Fiona Kumari Campbell took her case to the UN in 2012 because Australian law does not allow her to end her legal Canadian same-sex marriage.
On Thursday, the UN Human Rights Committee ruled the differentiation of treatment based on Ms Campbell’s sexual orientation constituted discrimination.
In a statement, the committee added the Australian government was obligated to provide the author “with an effective remedy”.
“This requires it to make full reparation to individuals whose covenant rights have been violated,” the statement read.
“Accordingly, the state party is obligated to provide the author with full reparation for the discrimination suffered through the lack of access to divorce proceedings.
The state party is also under an obligation to take steps to prevent similar violations in the future and to review its laws in accordance with the present views.”
It made the point that Australian law allows people who entered into a polygamous marriage overseas to divorce, yet does not give the same right to same-sex couples.
Polygamy is when a man is married to more than one wife at a time and is banned in Australia.
Dr Campbell said she was thrilled to hear the decision and is hopeful the government will act on the UN’s decision. ”Further, my daughter’s legal rights around freedom of travel and inheritance are compromised, are unclear.” When she initially lodged her case with the UN five years ago, the only way she could have obtained a divorce was if she moved back to Canada for one year.