UPDATED | Gender identity bill will remove 'abusive' legal obstacles to self determination - Dalli

Civil liberties minister Helena Dalli delivered the opening speech at a seminar on equality for trans, genderqueer and intersex persons, ahead of tonight’s parliamentary vote on the Gender Identity Act.

The bill, under the full title of ‘Gender Identity, Gender Expression and Sex Characteristics Act’, covers a number of changes to the existing legal framework. These include the removal of what Dalli called ‘abusive requirements’ expected by law before allowing individuals to live as their preferred gender.

The bill will remove the need to undergo sex reassignment surgery before official documents – such as an ID card or passport – are changed to reflect the holder’s gender identity.

Dalli, in addressing the ‘Beyond The Binary: Equality For Trans, Genderqueer And Intersex People’ seminar, thanked the entities that contributed to the formulation of the bill, including the LGBTIQ Consultative Council, the office of the Attorney General and the general public.

She went on to describe the cases of a number of trans, genderqueer and intersex individuals who had suffered was she referred to as ‘institutional discrimination’, reinforced by the State’s legal system.

“In December 2013, I had the pleasure to be the first minister to attend the International Intersex Forum that was meeting in Malta for the first time,” she said.

“I left that meeting determined to change the situation here in Malta, and I’m proud this law will guarantee the right to bodily integrity and self determination.”

Dalli expressed pride at the progress made in the past two years, turning Malta into a leader on these issues. But, she said, there was more to be done.

“Our country will need to continue to further its engagement on LGBTIQ issues at the regional and international level to ensure that the rights in question are respected everywhere.”

The seminar, which was held at the Mediterranean Conference Centre in Valletta, gave voice to individuals who will be affected by the bill, which was described as "groundbreaking" by several of the speakers at the event. 

In his closing remarks, Prime Minister Joseph Muscat described the Bill as the "highlight" of the Labour legislature thus far, and an example of the "new Malta" the government aims to build towards. And indeed, the atmosphere of the seminar was one of celebratory optimism, as even concerns related to the bill and its implications appear to have been made in a spirit of enthusiasm by those present. 

In a particularly moving half-hour segment, four speakers were invited to delve into how the bill will improve their daily situation, delivering poignant insights into their lives thus far and how they hope the bill will improve their daily lives. 

James and Rebecca Naylor spoke on behalf of their daughter Willa, 6, who was also present for the event. James Naylor said that he wanted to respect his young daughter's decision to identify as female, even if she was born with a boy's characteristics. 

"It's been a self-exploratory challenge, and a journey for all of us. I myself identify as male, and I'm proud to be male, and I see no reason why anyone should not have the right to be equally comfortable with their chosen gender, even if they're not born with it. Sometimes there's a 'glitch' in nature, with the way we're born, and it's up to society to step up and rectify that glitch," Naylor said, adding that he's convinced that the struggle for greater tolerance of gender variant people must "start with the family", and that not supporting his daughter's choice would have "cut her chances" at happiness considerably. 

One 'practical' aspect of Gender Identity Bill that Naylor hopes will improve the lives of both his family and his daughter is the ability to be able to change one's gender on the Identity Card - a bureaucratic stumbling block that other members of the panel also pointed out as being significant. Naylor said schools refused to address his daughter by her chosen identity precisely because it wasn't 'legitimised' by an identity card, while the transgender woman Maxine Attard also said that she was exposed to both indifference and humiliation from prospective employers and health professionals when she asked to be identified as female. 

Member of the NGO Gender Liberation and PN local councils candidate Alex Mangion said that, he'd been "looking forward to this day" for all his life since, as a transgender man, the bill finally puts into force protective measures that set out to counter the painful and discriminatory attitudes he was forced to suffer while growing up. Having identified as female from a very young age, Mangion said that he would rarely leave the house during his years at school since the bullying and humiliation was so pervasive, and that "summers were a nightmare," since the warm weather would force him to wear gender-conforming clothes. 

"I knew that I couldn't continue living a lie, however, and I'm fortunate to have friends and family who support me. It's amazing what wonders you can achieve when you know who you truly are," Mangion said, calling on those present to "come together and change this reserved mentality about gender". 

Pyt Farrugia, also a member of Gender Liberation, and who identifies as "non-binary" person - and so does not identify as either exclusively male or female - said that while we should respect and celebrate a person's choice to form part of whichever gender, suggested that we should reconsider gender classification as a whole. 

Farrugia added that while making gender variant persons "visible" to society is important, the fact remains that "visibility is still dangerous" to many people of that same community, and that society should work towards creating safe spaces in which gender variant people can express themselves.