UN Expert Slams Australian Commissioner's Stance on Transgender Breastfeeding Rights

A United Nations expert has criticized Australia's Sex Discrimination Commissioner, Anna Cody, for her stance that transgender women fall under breastfeeding discrimination protections. Reem Alsalem, the UN special rapporteur on Violence against Women and Girls, described Cody's position as "flawed" and rooted in a conflation of sex and gender identity.

The controversy began when Dr. Cody testified before a Senate committee, stating that the Sex Discrimination Act's provisions prohibiting discrimination on grounds of breastfeeding apply to biological males who identify as women and induce lactation. Liberal senator Leah Blyth had questioned the scope of the Act, noting its explanatory memorandum intended protections for women who breastfeed.

Alsalem took to X, formerly Twitter, on Tuesday to voice her disagreement, asserting that Cody's view disregards the "material reality of biological sex" and the connection between certain reproductive processes and sex. "We must understand that the position she expressed is the only position one can organically arrive at if one conflates sex and gender identity, disregards the material reality of women in favour of women being a feeling or an identity, and disregards that certain reproductive processes are tied to being of a certain sex," Alsalem wrote.

Alsalem indicated she had previously attempted to discuss the issue with Cody but found a fundamental philosophical divide. According to Alsalem, Cody believes that acknowledging discrimination based on sex would imply that such discrimination is biologically determined and acceptable. Alsalem countered this by stating that identifying the cause of discrimination, such as race, does not justify it.

The Senate hearing also addressed workplace rights for transgender women who medically induce lactation. Cody affirmed that such individuals are subject to the same protections as anyone else who is breastfeeding.

The discussion also touched upon a recent decision by the New South Wales government to reinstate the terms 'women' and 'mother' in breastfeeding policies within the NSW Parliament, following their controversial removal. Cody stated she would take further questions on this matter on notice.