The Malta Independent 24 April 2024, Wednesday
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Gender identity law being amended to address anomaly which affected adopted transgendered people

John Cordina Tuesday, 30 June 2015, 20:48 Last update: about 10 years ago

Amendments to the recently-enacted Gender Identity, Gender Expressions and Sex Characteristics Act are set to address an anomaly which affects those who have been adopted was approved by parliament in its second reading this evening.

The act allowed transgendered people to legally change their sex - and their name - simply through a notarial deed including a clear declaration that one's gender identity did not correspond to one's assigned sex, without the need to undergo a medical intervention. It was unanimously approved by parliament in its final reading on 1 April.

But shortly afterwards, Alex Mangion - an Attard local councillor elected under the Nationalist Party banner - discovered that he was not able to change his documents since he had been adopted when he was a baby. Mr Mangion had approached a notary to begin the process to legally change his sex, only to be told that he could not do so since he lacked a birth certificate.

In parliament, Equal Opportunities Minister Helena Dalli said that the government had a track record when it came to eradicating discrimination, and said that the size of the minority affected was irrelevant.

The amendment, she noted, would affect very few people whose situation was not properly addressed by the law, noting that the Attorney General had described the case as "the exception of exceptions."

The minister highlighted that the law was not only ground-breaking as far as Malta was concerned, but also internationally, noting that it had received praise from various international organisations dealing with LGBT rights, including Transgender Europe and ILGA-Europe.

The Belgian government, she pointed out, had signed a memorandum of understanding with the Maltese government to base Belgium's own gender identity laws on Malta's own.

She expressed disappointment that members of the opposition were implying that the law was somewhat unfinished, although she highlighted that its spokesman on equality, Clyde Puli, was not among them.

Mr Puli noted that the opposition had not only approved the law, but contributed strongly to it, and said that the failure to address the situation of those who had been adopted was a genuine oversight. He noted that the fact that Malta had become a leader in the sector meant that it could not learn from the experiences of others.

There was a disagreement between Mr Puli and Dr Dalli on the extent of the opposition's contribution, prompting deputy speaker Ċensu Galea to question how the government and the opposition had agreed on the law but not on such a minor point.

But the amendments were soon approved in their second reading unanimously, without the need for a vote. Parliament immediately proceeded to the committee stage, where the bill was unanimously approved without amendments. 

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