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Veterans' Benefits |
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Saturday, 13 August 2005 |
Issues of Inequality: VETERANS' BENEFITS
The issue: Rewarding service to Australia with fairness
Australia recognises and rewards the commitment and dedication to the defence of our nation by our 'diggers' – Australia's defence force personnel.
In recognition of their service, the Federal Government provides a number of benefits to veterans and their families under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004.
Since 1992, gays and lesbians have been allowed to serve openly in the Australian Defence Forces. Prior to this, many gay and lesbian service people served in the defence forces but kept their sexuality a secret.
The Australian Government does not recognise the partners of gay and lesbian service personnel, nor their partner's dependent children.
For a fair outcome for all veterans of military service, Australia's laws should recognise and protect all former service personnel fairly under law.
The current laws: Benefits compensate only some war veterans
Various services to war veterans are provided through the Department of Veterans' Affairs. Benefits include medical treatment using the Repatriation Health Card (the so-called Gold Card scheme), veterans' pensions and widow and widower pensions, nursing home accommodation and counselling services.
The Australian Government also provides rehabilitation and compensation assistance for relatives of service personnel.
Because the Federal Government only recognises the heterosexual partners – and the children of heterosexual partners – as dependents, this leaves the families of gay and lesbian service personnel unfairly treated when it comes to benefits granted to the dependents of a veteran.
This inequality applies to the same-sex partner of a veteran, and also to the children of that same-sex partner.
How it's unequal: Australia ignores breaches of UN treaties
Commonwealth law recognises heterosexual couples and their families for veterans' benefits. However, a veteran with a same-sex partner is not eligible for the entitlements that married and de facto couples take for granted.
To treat our veterans and their families this way is against the Australian spirit of a fair go for all.
It also contravenes international law. In the case of Young versus Australia, the United Nations found that Australia’s prohibition on same-sex access to veterans’ pensions breached Article 26 of International Covenant of Civil and Political Rights, of which Australia is a signatory.
The United Nations found that Australia’s laws did not treat Mr Young as "equal before the law", despite him being with his partner for 38 years.
The Australian Government was given 90 days in which to provide the UN with plans for removing discrimination, but they refused to respond.
The price of inequality: The Young versus Australia case
The case of Mr Edward Young highlights the inequality under Australia's veterans' benefits programs. Mr Young applied to the Australian Government on 1 March 1999 for a pension and a bereavement benefit payment as the dependent partner of a veteran.
Mr Young applied for the benefit after his long-term same-sex partner of 38 years died in December 1998.
On 12 March 1999, the Federal Government rejected the claim, stating that Mr Young was not entitled to any benefits due to the legislation only recognising heterosexual partners of veterans.
Mr Young lodged a complaint with the United Nations Human Rights Committee (UNHRC) making the claim that the Australian Government's non-recognition of his relationship breached Australia's international human rights obligations under article 26 of the Optional Protocol to the International Covenant on Civil and Political Rights.
In 2003, the UNHRC found Australia violated its obligations by denying Mr Young a pension on the basis of his sex or sexual orientation. The UNHRC also recommended that Australia remedy the situation – including by legislative amendment – to ensure further similar breaches don't occur.
The Howard Government has ignored the UNHRC and has refused to amend legislation to stop similar inequality. It also has not provided Mr Young with a pension benefit.
Talking points: Speak out about unfair treatment of same-sex veterans' families
Same-sex veterans, and their partners and their families, need equal treatment to:
- fairly compensate dependent family members if a veteran dies or is incapacitated
- allow dependents of gay and lesbian veterans to claim widow and orphan pensions and benefits
- recognise same-sex partners and families for Gold Card benefits, where eligible
- comply with Australia's international human rights obligations
What you can do: Ask the Federal Government to recognise same-sex couples
Same-sex families and couples face discrimination in many areas due to the lack of Federal recognition of their relationships and families.
There are a number of ways you can help undo this inequality for same-sex families and couples.
You can write letters to newspapers, ask to meet your local Federal MP, and tell friends and family about the issues.
Every individual can make a difference. For more information on what you can do to change Australia's laws to treat same-sex families and couples equally, visit our website at www.coalitionforequality.org.au
More information: About the Australian Coalition for Equality
The Australian Coalition for Equality aims to achieve equality for Australia’s gay, lesbian, bisexual, transgendered and intersex citizens and families – through campaigning, lobbying, networking and public awareness.
Our website at www.coalitionforequality.asn.au contains more fact sheets on various topics involving unequal aspects of Federal law.
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Veterans' benefits