PN deputy leader for parliamentary affairs Mario de Marco has admitted the PN in government should have been much more sensitive to the case of Joanne Cassar who passed through a very difficult time as a result of conflicting court judgements and legal procedures as she was denied to right to marry following gender reassignment surgery.

Speaking in Parliament this evening, he excused himself on behalf of the opposition for failing to react at the opportune time when decisions taken did not grant Ms Cassar the rights she requested and for failing to enact such a law in the past.

Dr de Marco added that at times, society needs people to challenge it and Ms Cassar was the symbol of several people who in the future will enjoy the right she has fought for.

Individuals make choices on the basis of responsibility not to impinge another person’s right for freedom. Consequently, the introduction of the right for transgender individuals to marry, does not take away from other people’s rights while introducing new rights for a minority group, Dr de Marco said.

The situation right now and the interpretation given to the law, created an anomaly because while our laws still do not allow for same sex marriage, a woman was being forced to marry another woman.

He felt the right for transgenders to marry should have been consequential of the law allowing a change of the person’s sex in the birth certificate.

Dr de Marco said the law is an extension of the right of freedom which allows individuals to choose their state and having society recognise this with all legal obligations.

For many years, Malta recognised the sex of a person as it was born. Society evolves and in many countries, there were a number of attempts to pass laws giving rights to transgenders. Some 16 EU countries still do not recognise a sex change in terms of their birth certificate and 15 do not allow marriage.

He noted developments, in society, medicine and freedom. The PN in government managed to liberalise thought as much as it liberalized the economy. Thanks to the PN, Malta is an EU member and people believe they have the same rights as others and fight for the same rights.

Over the past years, since 1987, society changed however in a way, the PN failed to strengthen the change in mentality by legislation. Yet it had introduced the right to change one’s sex on the birth certificate as a result of gender reassignment surgery.

 “What we are doing is a small step for these people because we are giving them what is normal for individuals who are not transsexual,” he noted.

He would now like this frame of mind to be transposed to society and for these individuals not to suffer discrimination at the work place or when it comes to social services.

He pointed out that in the UK; a request of such a nature is not filed in court but to a gender recognition panel. The British law does not only mention the right to marriage but goes into other issues including children before or after surgery, retirement, social security benefits, privacy and discrimination. 

In her winding up speech, the Minister for Social Dialogue, Consumer Affairs and Civil Liberties, Helena Dalli, said it was not the PN’s policy to take notice of these people but thankfully, this policy has changed.

She hoped the PN is not considering people as numbers and that the change in policy is not a result of the report following the party’s electoral defeat because everyone is a human being and should be treated with respect.

Meanwhile, she went on to point out that society has come a long way over the years yet rights and justice must be followed at school, at the work place and in the family.

“We should therefore be talking about these issues otherwise people believe they are more normal than others,” she said before noting that the change in law is only a small step because attitudes and culture in all levels of society need to change.

The discussion was closed at second reading stage with a vote in favour of the proposals made.

Towards the end of the debate, Parliament moved on to discuss a Bill to amend the Social Security Act.

Family and Social Solidarity Minister Marie Louise Coleiro Preca proposed eight amendments on the issue of pensions as a result of the pensions’ reform. This brought about the fact that people born after 1962 need to work for at least 40 years to be able to receive a two thirds’ pension.