22 September 2014

Settlement between Joanne Cassar and government signed

 - Tuesday, 16 April 2013, 08:26

by Annaliza Borg

A settlement between transgender Joanne Cassar and the government has been signed, noting she will have the right to marry, and including a compensation to which she will be entitled after 40 days.

The amendments to the Marriage Act, by which Ms Cassar and other people will be allowed to get married, will be presented in Parliament in the coming days, a spokesperson for the Social Dialogue, Consumer Affairs and Civil Liberties Ministry confirmed. Once the amendments pass, the Public Registry director will be able to issue marriage banns to individuals who express the wish to get married.

Speaking to The Malta Independent, Ms Cassar did not disclose the amount she is to receive but mentioned this and said she now waits for the Parliamentary amendments to pass.

Joanne Cassar, the post-op transgender woman who has been fighting for her right to get married for the past seven years, took her case to the European Court of Human Rights (ECHR) in Strasbourg, in June 2011.

She was asking for an effective remedy, as well as compensation.

Although so far Ms Cassar has not asked for the ECHR case to be withdrawn, she is expected to do so once the amendments pass.

The Constitutional Court in the past ruled that a ban on transgender marriage violates the European Convention on Human Rights on the right to marry.

In recent years, the Maltese Court of Appeal also acknowledged that Ms Cassar’s fundamental rights had been breached when she was denied the right to get married, but no effective remedy was provided.

She had been asking for compensation due to the fact that over all the years pending proceedings, although it has been established by the courts that her fundamental human rights have been breached, she had not been granted an effective remedy.





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Peter Grech says:
16 April 2013 09:19

All this government seems to care about is this gay marriage and things of this nature which go against Catholic church...whilst this is on the agenda for 0.5% it does not affect 99.5% of the population ...and i can't understand all the importance given to them...should they rather focus on other more important things????????????

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R. Azzopardi says:
16 April 2013 10:39

When will people like you start to understand that there is a dividing line between state and church? If you want to live as an "exemplary catholic" by all means do so, but don't put all your eggs in one basket but don't force the rest of the country to follow suit.  I consider myself to be a catholic, albeit a non-practicing one but I also believe that I am Maltese first, THEN a catholic.  therefore, the laws of the country come first.

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