Parliament this evening has started to discuss amendments to the Civil Code by which post-op transgender people will be considered as individuals of the sex acquired with full rights.
This gives the right to marriage.
The need for such an amendment came to light following the case of Joanne Cassar who has been fighting for her right to get married for the past seven years and took her case to the European Court of Human Rights (ECHR) in Strasbourg, in June 2011.
Once the amendments to the Civil Code pass, the Public Registry director will be able to issue marriage banns to post-op transgender individuals who express the wish to get married.
The Minister for Social Dialogue, Consumer Affairs and Civil Liberties, Helena Dalli said she could not understand how a government complicates matters even more for a person who already faced great difficulties in life.
“The government cannot punish these people although they continue to suffer as a result of prejudice against them,” she said. “It is not just laws that need to change but attitudes and silence should not prevail”.
Explaining the amendments in discussion, she said the birth certificate of a post-op transgender person, which is publicly available, will be change to show the acquired sex.
She insisted that even if this law was to give necessary rights to just one person who is suffering or emarginated, then it should pass. Meanwhile, she hoped the Opposition would not have any difficulty to vote in favour of the Bill.
Claudette Buttigieg (PN), spokesperson for social dialogue and civil liberties, said she totally agreed with Dr Dalli on the need for more discussions of the sort.
Culture change is necessary to fight bullying and discrimination which at times can be less obvious and subtle. With reference to the question of what is normal, she feels that perhaps LGBT people should not be given a title.
“Fear of change brings with it lack of security and fear that we will be losing cultural traits and values,” she said. “A collective effort must be made to fight discrimination and break the silence”.
As shadow minister she dedicated her address to Joanne Cassar, the people Ms Cassar represented and her own friends, adding the subject needs to be dealt with great sensitivity.
In principle the Opposition agrees with the Bill however, calls for debate as part of a much longer process to help lead to the necessary culture change and answer questions that arise.