Can We Feminise Human Rights?

Abstract

In view of the malaise besetting the Sex Discrimination Act 1984 (Cth) (SDA), this chapter considers whether a national charter of human rights might be able to re-energise it. With particular regard to the Brennan proposal, the chapter overviews the foundational UN conventions that underpin this initiative and similar domestic charters. The issues of universalism, equality and intersectionality are examined as possessing particular gendered significance. Attention is drawn to the suspicion and scepticism that tend to affect legally binding human rights instruments in the Australian context, which have resulted in an approach that favours rhetoric over a commitment to substantive equality. It is suggested that the immunity accorded private sector actors is a striking example of an overly cautious approach.