| Intersex rights inMalta | |
|---|---|
 Location of Malta (dark green) – inEurope (light green & dark grey) | |
| Protection of physical integrity and bodily autonomy | Yes |
| Protection from discrimination | Yes |
| Access to identification documents | Yes |
| Access to same rights as other men and women | Yes |
| Changing M/F sex classifications | Yes |
| Third gender or sex classifications | Yes |
| Marriage | Yes |
| Intersex topics |
|---|
 |
Intersex rights in Malta since 2015 are among the most progressive in the world.Intersex children inMalta have world-first protections from non-consensual cosmetic medical interventions, following the passing into law of theGender Identity, Gender Expression and Sex Characteristics Act in 2015. All Maltese intersex persons have protection from discrimination. Individuals who seek it can access simple administrative methods of changing sex assignment, with binary and non-binary forms of identification available.
A 12th-centurycanon law collection known as theDecretum Gratiani states that "Whether anhermaphrodite may witness a testament, depends on which sex prevails" (Hermafroditus an ad testamentum adhiberi possit, qualitas sexus incalescentis ostendit).[1][2]
In a court case heard at theCastellania in 1774 during theOrder of St John inMalta, 17-year-old Rosa Mifsud fromLuqa, later described in clinical literature as a "pseudo-hermaphrodite", petitioned for a change in sex classification from female.[3][4] Two clinicians were appointed by the court to perform an examination. They found that "the male sex is the dominant one".[4] The examiners were thePhysician-in-Chief and a senior surgeon, both working at theSacra Infermeria.[4] The Grandmaster himself took the final decision for Mifsud to wear male-only clothes from then on.[3]
In 2013, Malta hosted the thirdInternational Intersex Forum in Valletta, where a civil society statement named theMalta declaration was signed. The event was supported byILGA andILGA-Europe, and brought together 34 people representing 30organisations from multiple regions of the world.[5][6] Local representatives Silvan Agius of ILGA-Europe andRuth 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".[7][8][9] Silvan Agius subsequently became human rights policy coordinator at the Ministry for Social Dialogue,[10] and Ruth Baldacchino became co-secretary general of ILGA.[11]
In 2015, Malta adopted world-first protections for intersex people, including protection from non-consensual cosmetic changes to sex characteristics in childhood, and protection from discrimination.[12][13]
In April 2015, Malta passed world-first legislation that protects intersex infants and children from non-consensualmedical interventions.[14] TheGender Identity Gender Expression and Sex Characteristics Act recognizes a right to bodily integrity and physical autonomy.[12]
14. (1) It shall be unlawful for medical practitioners or other professionals to conduct any sex assignment treatment and/or surgical intervention on the sex characteristics of a minor which treatment and/or intervention can be deferred until the person to be treated can provide informed consent:
Provided that such sex assignment treatment and/or surgical intervention on the sex characteristics of the minor shall be conducted if the minor gives informed consent through the person exercising parental authority or the tutor of the minor.
(2) In exceptional circumstances treatment may be effected once agreement is reached between the interdisciplinary team and the persons exercising parental authority or tutor of the minor who is still unable to provide consent:
Provided that medical intervention which is driven by social factors without the consent of the minor, will be in violation of this Act.[12]
The Act was widely welcomed internationally by civil society organizations.[13][15][16][17][18]
The 2015Gender Identity Gender Expression and Sex Characteristics Act protects intersex people from discrimination on grounds of "sex characteristics", as well as offering world-first protection from harmful practices.[12] Sex characteristics was defined as follows:
"sex characteristics" refers to the chromosomal, gonadal and anatomical features of a person, which include primary characteristics such as reproductive organs and genitalia and/or in chromosomal structures and hormones; and secondary characteristics such as muscle mass, hair distribution, breasts and/or structure.[12]
Also in 2015, the Ministry for Education and Employment introduced a policy for trans,gender variant and intersex students in schools, aiming to promote inclusion and combat discrimination.[19]
The sameGender Identity Gender Expression and Sex Characteristics Act introduced new provisions allowing applicants to change theirgender identity documents by a simple administrative method.[12][13][14] Malta also permits an "X" option on identification documents since 6 September 2017.[10][20] The first ID card and passport with "X" marker were issued on 23 January 2018.[21][22][23]
Legislation to enact marriage equality was introduced following a snap election in mid-2017. It went into effect on 1 September 2017.[24][25]
| Human rights andlegal issues | | |
|---|---|---|
| Healthcare and biology | ||
| Society and culture | ||
| History and events | ||
| Rights by country | ||
| See also | ||
