Equality Unmodified

Abstract

This chapter examines a proposal to recast Australia’s federal discrimination laws by doing away with the current fragmented approach by which there are separate legislative regimes responding to sex, race, age and disability discrimination and instead replace them with a combined “Equality Act”. It considers whether the proposal might enhance women’s equality in Australia and whether it might more effectively respond to the fact that women have a multiplicity of intersecting identities – ie, they have a race, a sexuality, differing physical abilities etc – in different times and in different contexts. It also examines whether such an approach might effectively transcend the complaints-based focus of traditional discrimination laws. Finally, the chapter considers the processes and the fora within which these issues have been debated.

Keywords: sex discrimination, gender equality, discrimination laws, law reform processes, intersectionality

JEL Classification: K10, K30