The 'Affirmation of Sexual Orientation, Gender Identity and Gender Expression Act' : an analysis

Abstract

Malta has been at the forefront when legislating in favour of the rights of lesbian, gay, bisexual, transgender, intersex and other genderqueer (LGBTIQ+) people, especially in the last couple of years. One of these legislative measures was the enactment of a law banning specific efforts that are aimed at changing a person’s sexual orientation, gender identity and/or gender expression (SOGIGE). The idea behind this paper is to analyse the provisions of this legislation, entitled, ‘The Affirmation of Sexual Orientation, Gender Identity and Gender Expression Act’, Chapter 567 of the Laws of Malta. This law sought to add to the legal protections already in place with regards to the LGBTIQ+ community by prohibiting conversion therapy (CT) on the grounds that they are deceptive and harmful acts or interventions which attack a person’s SOGIGE. Malta was amongst the first countries in the world and the first country in Europe to implement a legislative measure with this aim. This study will look at the historical and psycho-medical basis of conversion practices, what they constitute and why International and European institutions have encouraged Nation States to outlaw them. It will then consider the Maltese legislation and how Malta went about prohibiting conversion practices, including a look into any weaknesses that the law might have. The study will then delve into the different ways in which countries beyond our shores have acted. It will conclude by comparing the Maltese Act with the measures taken by other countries and bringing forward recommendations targeting the weakness mentioned in this paper and how the Maltese provisions can perhaps be made more clear and more fleshed out in order for our law to be more comprehensive.