UN expert challenges Australian commissioner’s view on lactation protections
UN special rapporteur Reem Alsalem criticised Australian Sex Discrimination Commissioner Anna Cody’s view that transgender women who induce lactation are covered by breastfeeding discrimination protections. The dispute matters because it concerns how Australian law and workplace protections apply, and how sex and gender identity are treated in interpreting those protections.
At a Senate committee hearing, Liberal senator Leah Blyth asked whether Section 7AA of the Sex Discrimination Act covers a biological male who identifies as a woman and induces lactation. Cody said people who are breastfeeding receive the same protections, including access to lactation breaks and facilities. Alsalem called that position “flawed”, arguing it conflates sex with gender identity; Cody also took on notice a question about New South Wales’ restored references to “women” and “mother” in breastfeeding policies.
In short
- A UN expert criticised the commissioner’s interpretation of breastfeeding protections.
- The dispute centres on Section 7AA and induced lactation.
- Cody said breastfeeding protections apply equally to those who breastfeed.
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The case for
A protection framed around breastfeeding can reasonably be understood to cover anyone who is actually lactating, including a transgender woman who induces lactation. Applying the same workplace protections would focus on the practical needs of breastfeeding—such as breaks and suitable facilities—and avoid leaving some lactating workers without support because of their sex or gender identity.
The case against
A protection framed in law around sex-specific categories may reasonably be interpreted by reference to biological sex, rather than extending automatically to anyone who can induce lactation. On this view, treating gender identity as interchangeable with sex could alter the intended scope of the law and create uncertainty about how sex-based protections and policies should be applied.
Explained simply
Australia’s Sex Discrimination Act sets rules against discrimination in areas such as work and services. Section 7AA concerns discrimination related to breastfeeding, including protections that can affect access to breaks and facilities.
The Australian Sex Discrimination Commissioner advises on how these laws and protections apply. Reem Alsalem is a United Nations expert whose role includes examining discrimination against women and girls, while Leah Blyth is a senator who raised questions at a parliamentary committee hearing.
The disagreement touches on how the law interprets breastfeeding protections alongside sex and gender identity. That interpretation can affect workers’ access to workplace support and how public policies describe the people they cover.
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Originally published by Daily Mail as “Breastfeeding rights for biological males spark backlash as UN expert blasts Australian commissioner’s ‘flawed’ stance”.