Intersex rights in Malta

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Intersex rights in Malta
EU-Malta.svg
Protection of physical integrity and bodily autonomy Yes
Protection from discrimination Yes
Access to identification documents Yes
Access to same rights as other men and women Yes
Changing M/F sex classifications Yes
Third gender or sex classifications Yes
MarriageYes

Intersex rights in Malta since 2015 are among the most progressive in the world. Intersex children in Malta have world-first protections from non-consensual cosmetic medical interventions, following the passing into law of the Gender Identity, Gender Expression and Sex Characteristics Act in 2015. All Maltese intersex persons have protection from discrimination. Individuals who seek it can access simple administrative methods of changing sex assignment, with binary and non-binary forms of identification available.

History

Medieval

A 12th-century canon law collection known as the Decretum Gratiani states that "Whether an hermaphrodite may witness a testament, depends on which sex prevails" (Hermafroditus an ad testamentum adhiberi possit, qualitas sexus incalescentis ostendit). [1] [2]

Early modern period

In a court case heard at the Castellania in 1774 during the Order of St John in Malta, 17-year-old Rosa Mifsud from Luqa, later described in clinical literature as a "pseudo-hermaphrodite", petitioned for a change in sex classification from female. [3] [4] Two clinicians were appointed by the court to perform an examination. They found that "the male sex is the dominant one". [4] The examiners were the Physician-in-Chief and a senior surgeon, both working at the Sacra Infermeria. [4] The Grandmaster himself took the final decision for Mifsud to wear male-only clothes from then on. [3]

Contemporary times

Participants at the Third International Intersex Forum where the Malta declaration was made, December 2013 Third International Intersex Forum.jpg
Participants at the Third International Intersex Forum where the Malta declaration was made, December 2013

In 2013, Malta hosted the third International Intersex Forum in Valletta, where a civil society statement named the Malta declaration was signed. The event was supported by ILGA and ILGA-Europe, and brought together 34 people representing 30 organisations from multiple regions of the world. [5] [6] Local representatives Silvan Agius of ILGA-Europe and Ruth Baldacchino of ILGA hosted and co-organized the event. The declaration affirmed the existence of intersex people, and demanded an end to "discrimination against intersex people and to ensure the right of bodily integrity, physical autonomy and self-determination". [7] [8] [9] Silvan Agius subsequently became human rights policy coordinator at the Ministry for Social Dialogue, [10] and Ruth Baldacchino became co-secretary general of ILGA. [11]

In 2015, Malta adopted world-first protections for intersex people, including protection from non-consensual cosmetic changes to sex characteristics in childhood, and protection from discrimination. [12] [13]

Physical integrity and bodily autonomy

.mw-parser-output .legend{page-break-inside:avoid;break-inside:avoid-column}.mw-parser-output .legend-color{display:inline-block;min-width:1.25em;height:1.25em;line-height:1.25;margin:1px 0;text-align:center;border:1px solid black;background-color:transparent;color:black}.mw-parser-output .legend-text{} Legal prohibition of non-consensual medical interventions Regulatory suspension of non-consensual medical interventions Protection of intersex children from harmful practices.svg
  Legal prohibition of non-consensual medical interventions
  Regulatory suspension of non-consensual medical interventions

In April 2015, Malta passed world-first legislation that protects intersex infants and children from non-consensual medical interventions. [14] The Gender Identity Gender Expression and Sex Characteristics Act recognizes a right to bodily integrity and physical autonomy. [12]

14. (1) It shall be unlawful for medical practitioners or other professionals to conduct any sex assignment treatment and/or surgical intervention on the sex characteristics of a minor which treatment and/or intervention can be deferred until the person to be treated can provide informed consent:

Provided that such sex assignment treatment and/or surgical intervention on the sex characteristics of the minor shall be conducted if the minor gives informed consent through the person exercising parental authority or the tutor of the minor.

(2) In exceptional circumstances treatment may be effected once agreement is reached between the interdisciplinary team and the persons exercising parental authority or tutor of the minor who is still unable to provide consent:

Provided that medical intervention which is driven by social factors without the consent of the minor, will be in violation of this Act. [12]

The Act was widely welcomed internationally by civil society organizations. [13] [15] [16] [17] [18]

Protection from discrimination

Explicit protection from discrimination on grounds of sex characteristics Explicit protection on grounds of intersex status Explicit protection on grounds of intersex within attribute of sex Inclusion of sex characteristics in anti-discrimination law.svg
  Explicit protection from discrimination on grounds of sex characteristics
  Explicit protection on grounds of intersex status
  Explicit protection on grounds of intersex within attribute of sex

The 2015 Gender Identity Gender Expression and Sex Characteristics Act protects intersex people from discrimination on grounds of "sex characteristics", as well as offering world-first protection from harmful practices. [12] Sex characteristics was defined as follows:

"sex characteristics" refers to the chromosomal, gonadal and anatomical features of a person, which include primary characteristics such as reproductive organs and genitalia and/or in chromosomal structures and hormones; and secondary characteristics such as muscle mass, hair distribution, breasts and/or structure. [12]

Also in 2015, the Ministry for Education and Employment introduced a policy for trans, gender variant and intersex students in schools, aiming to promote inclusion and combat discrimination. [19]

Identification documents

The same Gender Identity Gender Expression and Sex Characteristics Act introduced new provisions allowing applicants to change their gender identity documents by a simple administrative method. [12] [13] [14] Malta also permits an "X" option on identification documents since 6 September 2017. [10] [20] The first ID card and passport with "X" marker were issued on 23 January 2018. [21] [22] [23]

Marriage

Legislation to enact marriage equality was introduced following a snap election in mid-2017. It went into effect on 1 September 2017. [24] [25]

See also

Related Research Articles

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The International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA) is an organization which is committed to advancing human rights to all people, disregarding gender identity, sex characteristics and expression. ILGA participates in a multitude of agendas within the United Nations, such as creating visibility for LGBTI issues by conducting advocacy and outreach at the Human Rights Council, working with members to help their government improve LGBTI rights, ensuring LGBTI members are not forgotten in international law, and advocating for LBTI women's issues at the Commission on the Status of Women.

<span class="mw-page-title-main">Organisation Intersex International</span>

The Organisation Intersex International (OII) is a global advocacy and support group for people with intersex traits. According to Milton Diamond, it is the world's largest organization of intersex persons. A decentralised network, OII was founded in 2003 by Curtis Hinkle and Sarita Vincent Guillot. Upon Hinkle's retirement, American intersex activist Hida Viloria served as Chairperson/President elect from April 2011 through November 2017, when they resigned in order to focus on OII's American affiliate, OII-USA's transition into the independent American non-profit, the Intersex Campaign for Equality.

<span class="mw-page-title-main">LGBT rights in Malta</span>

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<span class="mw-page-title-main">Sex characteristics (legal term)</span>

In law, sex characteristic refers to an attribute defined for the purposes of protecting individuals from discrimination due to their sexual features. The attribute of sex characteristics was first defined in national law in Malta in 2015. The legal term has since been adopted by United Nations, European, and Asia-Pacific institutions, and in a 2017 update to the Yogyakarta Principles on the application of international human rights law in relation to sexual orientation, gender identity, gender expression and sex characteristics.

<span class="mw-page-title-main">Intersex</span> Atypical congenital variations of sex characteristics

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<span class="mw-page-title-main">International Intersex Forum</span>

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<span class="mw-page-title-main">Intersex human rights</span> Human rights for intersex people

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<span class="mw-page-title-main">Legal recognition of intersex people</span>

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<span class="mw-page-title-main">Discrimination against intersex people</span>

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<span class="mw-page-title-main">Malta declaration (International Intersex Forum)</span> Statement of the Third International Intersex Forum, which took place in Valletta, Malta, in 2013

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<span class="mw-page-title-main">Intersex rights in Germany</span> Overview of intersex peoples rights in Germany

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Since November 7, 2023, Chile bans unnecessary and non-consensual surgeries, procedures or medical treatments on intersex newborns, boys, girls and adolescents. Since March 15, 2022, Chile bans discrimination based on "sex characteristics" under Law 21,430 on Guarantees and Integral Protection of the Rights of Children and Adolescents. The country has the most advanced legal protection framework in Latin America.

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Intersex people in France face significant gaps in protection from non-consensual medical interventions and protection from discrimination. The birth of Abel Barbin, a nineteenth-century intersex woman, is marked in Intersex Day of Remembrance. Barbin may have been the first intersex person to write a memoir, later published by Michel Foucault.

<span class="mw-page-title-main">Intersex human rights reports</span>

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References

  1. ↑ Decretum Gratiani, C. 4, q. 2 et 3, c. 3
  2. ↑ "Decretum Gratiani (Kirchenrechtssammlung)". Bayerische StaatsBibliothek (Bavarian State Library) . 5 February 2009. Archived from the original on 20 December 2016.
  3. 1 2 Savona-Ventura, Charles (2015). Knight Hospitaller Medicine in Malta [1530-1798]. Lulu. p. 115. ISBN   978-1326482220. Archived from the original on 6 February 2017.
  4. 1 2 3 Cassar, Paul (11 December 1954). "Change of Sex Sanctioned by a Maltese Law Court in the Eighteenth Century". British Medical Journal. Malta University Press. 2 (4901): 1413. doi:10.1136/bmj.2.4901.1413. PMC   2080334 . PMID   13209141. Archived from the original (PDF) on 5 February 2017.
  5. ↑ First ever international intersex forum Archived 26 December 2013 at the Wayback Machine , ILGA-Europe (Creative Commons statement), 6 September 2011
  6. ↑ First ever international intersex forum Archived 29 June 2015 at the Wayback Machine , ILGA, 7 September 2011
  7. ↑ 3rd International Intersex Forum concluded Archived 4 December 2013 at the Wayback Machine , ILGA-Europe (Creative Commons statement), 2 December 2013
  8. ↑ Global intersex community affirms shared goals Archived 6 December 2013 at the Wayback Machine , Star Observer, 4 December 2013
  9. ↑ (Chinese) 2013第三屆世界陰陽人論壇宣言 Archived 26 December 2013 at the Wayback Machine , Oii-Chinese, December 2013
  10. 1 2 Dalli, Miriam (3 February 2015). "Male, Female or X: the new gender options on identification documents". Malta Today . Archived from the original on 15 December 2016.
  11. ↑ "Introducing the Intersex Fund team at Astraea!". Astraea Lesbian Foundation for Justice. 16 June 2015. Archived from the original on 3 July 2015. Retrieved 2 July 2015.
  12. 1 2 3 4 5 6 Malta (April 2015), Gender Identity, Gender Expression and Sex Characteristics Act: Final version
  13. 1 2 3 Cabral, Mauro (8 April 2015). "Making depathologization a matter of law. A comment from GATE on the Maltese Act on Gender Identity, Gender Expression and Sex Characteristics". Global Action for Trans Equality. Archived from the original on 4 July 2015. Retrieved 3 July 2015.
  14. 1 2 "Surgery and Sterilization Scrapped in Malta's Benchmark LGBTI Law". The New York Times. Reuters. 1 April 2015.
  15. ↑ Star Observer (2 April 2015). "Malta passes law outlawing forced surgical intervention on intersex minors". Star Observer. Archived from the original on 14 August 2015.
  16. ↑ OII Europe (1 April 2015). "OII-Europe applauds Malta's Gender Identity, Gender Expression and Sex Characteristics Act. This is a landmark case for intersex rights within European law reform". Archived from the original on 22 May 2015. Retrieved 3 July 2015.
  17. ↑ Carpenter, Morgan (2 April 2015). "We celebrate Maltese protections for intersex people". Organisation Intersex International Australia. Archived from the original on 4 July 2015. Retrieved 3 July 2015.
  18. ↑ Transgender Europe (1 April 2015). Malta Adopts Ground-breaking Trans and Intersex Law – TGEU Press Release. Archived from the original on 3 November 2016. Retrieved 3 February 2017.
  19. ↑ Ministry for Education and Employment (June 2015), Trans, Gender Variant and Intersex Students in Schools: Policy (PDF), Ministry for Education and Employment, archived (PDF) from the original on 14 April 2016
  20. ↑ Pace, Yannick (5 September 2017). "Malta introduces 'X' marker on passports, ID cards and work permits". Malta Today. Archived from the original on 6 September 2017. Retrieved 6 September 2017.
  21. ↑ Sansone, Kurt (23 January 2018). "Malta releases first passport with neutral 'X' gender marker". Malta Today. Archived from the original on 14 April 2018. Retrieved 14 April 2018.
  22. ↑ Diacono, Tim (23 January 2018). "Malta Officially Has Its First Gender-Neutral Citizen". Lovin Malta. Archived from the original on 14 April 2018. Retrieved 14 April 2018.
  23. ↑ "Malta has its first officially gender-neutral citizen". Xinhua News Agency . China Internet Information Center. 23 January 2018. Archived from the original on 14 April 2018. Retrieved 14 April 2018.
  24. ↑ "L.N. 212 of 2017 Marriage Act and other Laws (Amendment) Act, 2017 (Act No. XXIII of 2017), Commencement Notice". Ministry for Justice, Culture and Local Government of Malta. 25 August 2017. Retrieved 29 August 2017.
  25. ↑ Sansone, Kurt (29 August 2017). "Same sex couples can marry as from Friday". Times of Malta. Archived from the original on 29 August 2017. Retrieved 29 August 2017.

Bibliography

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