Intersex rights in Malta
| Intersex rights in Malta | |
|---|---|
Location of Malta (dark green)
– in Europe (light green & dark grey) |
|
| Prohibition of non-consensual medical interventions? | Yes |
| Reparations? | No |
| Anti-discrimination protection | Yes |
| Access to identification documents | Yes |
| Access to same rights as other men and women | Yes |
| Changing M/F identification documents | Yes |
| Third gender or sex classifications | Yes |
| Rights by country | |
– in Europe (light green & dark grey)
– in the European Union (light green) – [Legend]
Intersex rights in Malta since 2015 are among the most progressive in the world. Intersex children in Malta have world-first protections from non-consensual cosmetic medical interventions, following the passing into law of the Gender Identity, Gender Expression and Sex Characteristics Act in 2015. All Maltese intersex persons have protection from discrimination. Individuals who seek it can access to simple administrative methods of changing sex assignment, with binary and non-binary forms of identification available.
The 12th-century canon law collection known as the Decretum Gratiani states that "Whether an hermaphrodite may witness a testament, depends on which sex prevails" (Hermafroditus an ad testamentum adhiberi possit, qualitas sexus incalescentis ostendit).
In a court case heard at the Castellania in 1774 during the Order of St. John in Malta, 17-year-old Rosa Mifsud from Luqa, later described in clinical literature as a "pseudo-hermaphrodite", petitioned for a change in sex classification from female. Two clinicians were appointed by the court to perform an examination. They found that "the male sex is the dominant one". The examiners were the Physician-in-Chief and a senior surgeon, both working at the Sacra Infermeria. The Grandmaster himself took the final decision for Mifsud to wear male-only clothes from then on.
In 2013, Malta hosted the third International Intersex Forum in Valetta, where an civil society statement named the Malta declaration was signed. The event was supported by ILGA and ILGA-Europe, and brought together 34 people representing 30 organisations from multiple regions of the world. Local representatives Silvan Agius of ILGA-Europe and Ruth Baldacchino of ILGA hosted and co-organized the event. The declaration affirmed the existence of intersex people, and demanded an end to "discrimination against intersex people and to ensure the right of bodily integrity, physical autonomy and self-determination". Silvan Agius subsequently became human rights policy coordinator at the Ministry for Social Dialogue, and Ruth Baldacchino became co-secretary general of ILGA.
...
Wikipedia