The Gender Identity, Gender Expression and Sex Characteristics Act, 2015 : an analysis

Abstract

In the past couple of years Malta has made great legal advancements in the field of LGBTIQ rights and seemingly such progress is to continue growing in the years to come. The Gender Identity, Gender Expression and Sex Characteristics Act, 2015 is a landmark piece of legislation which set Malta at the forefront of LGBTIQ rights. The principal aim of this study is to outline and highlight the central features of the notion of gender identity in the local sphere. Such target is reached by initially providing general information regarding gender identity as well as a brief overview of its various implications. Additionally, it is vital to include the historical background of the notion of gender identity in Malta, commencing from the time where there were no laws available for the recognition of one’s gender identity until the present day, where Malta is considered to be a pioneer in this field. The shortcomings of the Maltese legal system vis-a-vis gender identity are highlighted through case law. Such cases also aid in providing a clearer picture of the hardships an individual had to go through in order to have his/her gender identity recognised. The aim is to endow the reader with the necessary information which will later enable him/her to comprehend what the new Act and other corresponding laws and policies are intending. The second half of this study revolves around the Gender Identity, Gender Expression and Sex Characteristics Act, 2015. One finds an analysis of past attempts at formulating legislation similar to what we have today together with an overview of the legislative process as well as an article-by-article analysis of the proposed Bill and the promulgated Act. Lastly, the study delves into the social aspect of gender identity and focuses on the views of Maltese society visa- vis LGBTIQ rights, namely transgendered rights. It goes on to provide an overview of certain developments which came after the coming into force of the Act and discusses targets set for the futur