Bill on gender identity, gender expression and sex characteristics : comments and concerns

Abstract

Any legislation which intends to implement the values enshrined in the European Convention on Human Rights, the European Charter of Fundamental Rights and the Constitution of Malta is to be welcomed. The values which inspire and shape Europe, such as respect for human dignity, freedom, tolerance and equality, proportionality, human rights and democracy, justice and solidarity, and the rule of law, are to be interpreted not as a catalogue of entitlements but as a necessary precondition of a ‘culture of dignity’ in which every citizen, irrespective of nationality, status, sexual orientation, gender, age or achievement, lives in an inclusive culture of recognition between human beings. All persons and minority groups are to be recognized as belonging to the same moral and civic community as the majority. The legislation, which is being proposed on gender identity, gender expression and sex characteristics, is seeking to address the needs of a category of people who very often find it socially hard and painful in trying to deal with a fundamental dimension of their own self-identity. It is certainly a step in the right direction for society to take the necessary measures, including appropropriate legislation, to create those conditions that enable everyone, above all those whose vulnerability exposes them to multiple disadvantages, to live with dignity and to exercise their lawful rights. While there is no clear-cut answer as to the required kind of legislation on the matter, it is important to recognize the complexity of the problem and be guided by a set of ethical principles which can help one to find the right kind of balance between the rights of the individual and the legitimate interests of others and the community as a whole. [Excerpt]