The rights of transsexuals in the light of the recent change in their legal status.

Abstract

"Gender" and "Sex": The two terms are very much inter-linked with one another and they are often misconstrued and confused, one with the other, however, their definitions lead to two different and completely separate concepts. Basically, the difference between sex and gender is the problem which is faced by most, if not all, transsexuals. With the progress of medicine and science these individuals now have the opportunity to change their sex and outward appearance in order to be in tandem with the gender they feel they belong to. Inevitably, these operations bring about the need for a change in the status of the individual, and this is where legally, a problem arises. Changing the status of a person is a very big issue at law and it is sure to create a lot of complex situations for both the people formulating the laws, as well as for those having to abide by the laws. A lot of these individuals find themselves in the situation where through an operation they attain a different sex to what they were born with, and the law also changes their status, that is from male to female, or vice versa. However, there are still many situations whereby these individuals find that what is actually written on paper with regards to their status is not always performed or easy to perform in practice. This study shall analyse amongst other things, the definition of what constitutes a 'transsexual', in order to truly understand what changes these individuals have to go through and why they are allowed a change in status by the law. By understanding this definition, one can then really try to tackle the issues which arise after having granted this change in status, such as access to marriage, adoption, social security benefits which arise post-marriage, succession in terms of unica charta wills, and lot of other issues which will be tackled in detail throughout this study. iii I shall also be focusing on Maltese jurisprudence in connection with this issue. The amendments which took place in Act XVIII of 2004 have created a different scenario for transsexuals, and I will be examining to what extent, if at all, the Maltese Courts as well as administrative authorities have acknowledged these changes that are granted to transsexuals. Maltese case law in relation to the subject is in fact present in the Maltese Courts, however, this does not mean that in practice, we are actually acknowledging the true meaning of this change in status. Through the examination of Maltese jurisprudence and also comparative jurisprudence, one can then attempt to conclude whether the amendments in Maltese law are in fact sufficient for the satisfaction of the legal rights of transsexuals, or whether there should be some modifications or additions to the law in order for transsexuals to be adequately protected. I will also go into the ECHR with regards to the rights of transsexuals as well as the slant taken by the ECtHR, (the court set up by the ECHR), in order to see how the situation for transsexuals is abroad and if anything could be adopted in Malta to further improve the situation.