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Intersex rights in Malta

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Intersex rightsinMalta
Location ofMalta(dark green)

– inEurope(light green & dark grey)
– in theEuropean Union(light green) – [Legend]

Protection of physical integrity and bodily autonomyYes
Protection from discriminationYes
Access to identification documentsYes
Access to same rights as other men and womenYes
Changing M/F sex classificationsYes
Third gender or sex classificationsYes
MarriageYes
Intersextopics
Intersex flag
Human rightsandlegal issues
Medicineand biology
Society and culture
Historyand events
Rights by country
See also

Intersex rights in Maltasince 2015 are among the most progressive in the world.Intersexchildren inMaltahave world-first protections from non-consensual cosmetic medical interventions, following the passing into law of theGender Identity, Gender Expression and Sex Characteristics Actin 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

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Further information:Intersex in history

Medieval

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A 12th-centurycanon lawcollection known as theDecretum Gratianistates that "Whether anhermaphroditemay witness a testament, depends on which sex prevails "(Hermafroditus an ad testamentum adhiberi possit, qualitas sexus incalescentis ostendit).[1][2]

Early modern period

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In a court case heard at theCastellaniain 1774 during theOrder of St JohninMalta,17-year-old Rosa Mifsud fromLuqa,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 thePhysician-in-Chiefand a senior surgeon, both working at theSacra Infermeria.[4]The Grandmaster himself took the final decision for Mifsud to wear male-only clothes from then on.[3]

Contemporary times

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Participants at the Third International Intersex Forum where theMalta declarationwas made, December 2013

In 2013, Malta hosted the thirdInternational Intersex Forumin Valletta, where a civil society statement named theMalta declarationwas signed. The event was supported byILGAandILGA-Europe,and brought together 34 people representing 30organisationsfrom multiple regions of the world.[5][6]Local representatives Silvan Agius of ILGA-Europe andRuth Baldacchinoof 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

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Legal prohibition of non-consensualmedical interventions
Regulatory suspension of non-consensual medical interventions
Further information:Intersex human rightsandIntersex medical interventions

In April 2015, Malta passed world-first legislation that protects intersex infants and children from non-consensualmedical interventions.[14]TheGender Identity Gender Expression and Sex Characteristics Actrecognizes 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

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Explicit protection fromdiscriminationon grounds ofsex characteristics
Explicit protection on grounds of intersex status
Explicit protection on grounds of intersex within attribute of sex
Main article:Discrimination against intersex people

The 2015Gender Identity Gender Expression and Sex Characteristics Actprotects 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 variantand intersex students in schools, aiming to promote inclusion and combat discrimination.[19]

Identification documents

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Main article:Legal recognition of intersex people

The sameGender Identity Gender Expression and Sex Characteristics Actintroduced new provisions allowing applicants to change theirgender identitydocuments 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

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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

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References

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  1. ^Decretum Gratiani, C. 4, q. 2 et 3, c. 3
  2. ^"Decretum Gratiani (Kirchenrechtssammlung)".Bayerische StaatsBibliothek (Bavarian State Library).5 February 2009.Archivedfrom the original on 20 December 2016.
  3. ^abSavona-Ventura, Charles (2015).Knight Hospitaller Medicine in Malta [1530-1798].Lulu. p. 115.ISBN978-1326482220.Archivedfrom the original on 6 February 2017.
  4. ^abcCassar, Paul (11 December 1954)."Change of Sex Sanctioned by a Maltese Law Court in the Eighteenth Century".British Medical Journal.2(4901). Malta University Press: 1413.doi:10.1136/bmj.2.4901.1413.PMC2080334.PMID13209141.Archived fromthe original(PDF)on 5 February 2017.
  5. ^First ever international intersex forumArchived26 December 2013 at theWayback Machine,ILGA-Europe (Creative Commons statement), 6 September 2011
  6. ^First ever international intersex forumArchived29 June 2015 at theWayback Machine,ILGA, 7 September 2011
  7. ^3rd International Intersex Forum concludedArchived4 December 2013 at theWayback Machine,ILGA-Europe (Creative Commons statement), 2 December 2013
  8. ^Global intersex community affirms shared goalsArchived6 December 2013 at theWayback Machine,Star Observer,4 December 2013
  9. ^(Chinese) 2013 lần thứ ba thế giới âm dương nhân diễn đàn tuyên ngônArchived26 December 2013 at theWayback Machine,Oii-Chinese, December 2013
  10. ^abDalli, Miriam (3 February 2015)."Male, Female or X: the new gender options on identification documents".Malta Today.Archivedfrom the original on 15 December 2016.
  11. ^"Introducing the Intersex Fund team at Astraea!".Astraea Lesbian Foundation for Justice.16 June 2015. Archived fromthe originalon 3 July 2015.Retrieved2 July2015.
  12. ^abcdefMalta (April 2015),Gender Identity, Gender Expression and Sex Characteristics Act: Final version
  13. ^abcCabral, 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 fromthe originalon 4 July 2015.Retrieved3 July2015.
  14. ^ab"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.Archivedfrom 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 fromthe originalon 22 May 2015.Retrieved3 July2015.
  17. ^Carpenter, Morgan(2 April 2015)."We celebrate Maltese protections for intersex people".Organisation Intersex International Australia.Archived fromthe originalon 4 July 2015.Retrieved3 July2015.
  18. ^Transgender Europe(1 April 2015).Malta Adopts Ground-breaking Trans and Intersex Law – TGEU Press Release.Archived fromthe originalon 3 November 2016.Retrieved3 February2017.
  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.Archivedfrom the original on 6 September 2017.Retrieved6 September2017.
  21. ^Sansone, Kurt (23 January 2018)."Malta releases first passport with neutral 'X' gender marker".Malta Today.Archived fromthe originalon 14 April 2018.Retrieved14 April2018.
  22. ^Diacono, Tim (23 January 2018)."Malta Officially Has Its First Gender-Neutral Citizen".Lovin Malta.Archived fromthe originalon 14 April 2018.Retrieved14 April2018.
  23. ^"Malta has its first officially gender-neutral citizen".Xinhua News Agency.China Internet Information Center.23 January 2018. Archived fromthe originalon 14 April 2018.Retrieved14 April2018.
  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.Retrieved29 August2017.
  25. ^Sansone, Kurt (29 August 2017)."Same sex couples can marry as from Friday".Times of Malta.Archived fromthe originalon 29 August 2017.Retrieved29 August2017.

Bibliography

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