Tuesday

29th Sep 2020

Opinion

Malta breaks EU taboo on trans-gender rights

  • Some people in Malta, a conservative country, thought the bill was an April Fool's prank (Photo: europarl.europa.eu)

A scurrilous rumour recently swept Malta: the Maltese parliament would unanimously vote for the Gender Identity, Gender Expression and Sex Characteristics Bill (GIGESC) to become law on 1 April.

People thought it was an April fool’s prank

Read and decide

Join EUobserver today

Become an expert on Europe

Get instant access to all articles — and 20 years of archives. 14-day free trial.

... or subscribe as a group

The disbelief didn't come as a surprise. Malta is still considered by some as a conservative, Catholic country where change is slow.

Thankfully, things are changing. Malta is now the first country in the world to criminalise unconsented interventions on intersex infants, and the third to allow trans people to determine their gender without any invasive medical interventions or certification.

This means that from now on, trans, genderqueer and intersex people in Malta can benefit from the full set of legal protections introduced through this act.

Along with this, there is now in place a quick and transparent procedure for change of gender and name on official documents.

During this bill’s formulation, it was ensured that the adopted act meets current human rights standards, and takes the demands of the trans and intersex community fully into account.

We wanted to guarantee that trans and genderqueer people no longer suffer from negative legal requirements, such as divorce and sterilisation, prior to their recognition by law.

We also wanted to make sure that intersex infants are not subjected to unnecessary medical or surgical treatment so as to be registered as boys or girls at birth.

To meet this goal, this law was formulated in a mainstream manner and introduced two new universal rights in the Maltese legal system: a right to gender identity for all individuals, regardless of whether they are cisgender or transgender; a right to bodily integrity and physical autonomy, regardless of whether they are identified as male, female or intersex at birth.

With regard to the right to gender identity, the law empowers all adults and minors to rectify the gender and name on official documents as necessary.

This, while ensuring that such a change does not carry any negative repercussions to the individual, be it in terms of marital or family status, property or any other.

The law also empowers parents to postpone the entry of the sex marker on their children’s birth certificate until the gender identity is known.

Furthermore, the process introduced by the law is fully depathologised. We are therefore ensuring a clear separation between legal recognition procedures and any medical or surgical interventions that individuals may wish to undergo in order to align their body with their gender identity.

The right to bodily integrity and physical autonomy outlaws any involuntary or coerced surgical intervention which is driven by social factors on the sex characteristics of minors.

As the minister who presented this law, I am very pleased that it passed through the parliamentary process without any sensationalism or doomsday scenarios that were employed in the past to hinder progress on civil rights.

Instead, this Bill enjoyed constructive feedback during a public consultation and a healthy discussion throughout the parliamentary process.

Why now?

While flipping through the various international articles commending this Act, I invariably came across the questions: Why Malta? What inspired this sudden change?

I was not surprised, given the country’s previously uninspiring record on lesbian, gay, bisexual, trans, intersex and queer rights.

The recent progress that is being registered in the country in terms of LGBTIQ (lesbian, gay, bisexual, transgender, intersex and questioning) rights is not happening by accident.

The programme of the current administration, which took office two years ago, pledges to open society, celebrate diversity, ensure equality and respect towards minority groups and, above all, safeguard the fundamental human rights and freedoms of all.

As part of this democratisation process, an LGBTIQ Consultative Council was set up by government.

It comprises representatives of LGBTIQ community organisations who are empowered to discuss and advance legislative and policy proposals to government.

For instance, the Council contributed significantly to the formulation of both the Civil Unions Act, that provided same-sex couples with equal recognition to different-sex couples, and the GIGESC Act discussed above.

It is indeed, this partnership between government and LGBTIQ civil society that has provided us with the opportunity to act systematically in our quest for equality for all.

Many people may not know how to locate Malta, but I believe that we may serve to inspire other governments in this particular area of policy.

Amnesty International estimates that in Europe alone, there are around 1.5 million transgender people - 1.5 million people who can live better lives if more governments legislate in this direction.

Helena Dalli is minister for social dialogue, consumer affairs and civil liberties in Malta

Disclaimer

The views expressed in this opinion piece are the author's, not those of EUobserver.

Germany's equality paradox

Germany has among the best anti-discrimination laws in the EU. So why's it the main country blocking an EU-wide equal treatment bill?

EU needs comprehensive 'sexuality education'

The subject is mandatory by law in some form in nearly all EU countries - but it is mostly reproduction- and biology-centred, covering topics such as unwanted pregnancy and sexually-transmitted infections.

Istanbul Convention: clearing away the fog of misconceptions

On International Womens' Day, it is time to dispel some misconceptions, deliberate or otherwise, about the Istanbul Convention, which protects women from domestic violence - but has not yet been signed by every member state of the Council of Europe.

News in Brief

  1. Spanish court defenestrates Catalan leader
  2. Report: EU helped Taiwan on name dispute
  3. Belarusian writer goes to Germany for treatment
  4. Rapid Covid-19 tests for developing world imminent
  5. Dutch advised against 'non-essential' travel to Belgium
  6. Covid-19 hit Roma community hard, report finds
  7. Merkel visited Navalny in Berlin hospital
  8. EU's new raw materials strategy 'threatens' climate action

How EU can help end Uighur forced labour

A recent report noted apparel and footwear as the leading exports from the Uighur region - with a combined value of $6.3bn [€5.3bn] representing over 35 percent of total exports.

Stakeholders' Highlights

  1. Nordic Council of MinistersNordic Council meets Belarusian opposition leader Svetlana Tichanovskaja
  2. Nordic Council of MinistersNordic Region to invest DKK 250 million in green digitalised business sector
  3. UNESDAReducing packaging waste – a huge opportunity for circularity
  4. Nordic Council of MinistersCOVID-19 halts the 72nd Session of the Nordic Council in Iceland
  5. Nordic Council of MinistersCivil society a key player in integration
  6. UNESDANext generation Europe should be green and circular

Latest News

  1. EU tries to avoid lockdowns as global death toll reaches 1m
  2. Reports: Turkey sent Syrian fighters to Azerbaijan
  3. German presidency tries to end EU's rule-of-law battle
  4. 'Sponsored returns' may shuffle failed asylum seekers around EU
  5. German wins election to be mayor of Romania's third city
  6. Minsk on the edge means whole Eastern Partnership is at risk
  7. Caucasus warfare prompts EU alarm
  8. Summit reloaded and last Brexit round This WEEK

Stakeholders' Highlights

  1. Nordic Council of MinistersNEW REPORT: Eight in ten people are concerned about climate change
  2. UNESDAHow reducing sugar and calories in soft drinks makes the healthier choice the easy choice
  3. Nordic Council of MinistersGreen energy to power Nordic start after Covid-19
  4. European Sustainable Energy WeekThis year’s EU Sustainable Energy Week (EUSEW) will be held digitally!
  5. Nordic Council of MinistersNordic states are fighting to protect gender equality during corona crisis
  6. UNESDACircularity works, let’s all give it a chance

Join EUobserver

Support quality EU news

Join us