Navigate Up
Sign In

Gender Identity, Gender Expression And Sex Characteristics Act


This process is closed. The Gender Identity, Gender Expression and Sex Characteristics Act was adopted by the Maltese Parliament on the 1st April 2015.  The final text of the law can be downloaded from here.



1. Progress so Far

In 2013, following a change of government, the Maltese government reached an out-of-court settlement with Joanne Cassar who until then had no other choice but to fight a legal battle all the way to the European Court of Human Rights for the respect of her right to marry (Application No. 36982/11). Subsequently it went on to amend the Civil Code to allow trans people to be fully recognised in the acquired gender and be able to marry their opposite sex partner through the Civil Code (Amendment) Act, 2013 (ACT No. VII of 2013).
During 2014, the Maltese government adopted another three laws that directly improved the legal protection afforded to trans people, namely:
·         Constitution of Malta (Amendment) Act, 2014 (ACT No. X of 2004), which introduced the ground of ‘gender identity’ in the list of grounds of non-discrimination found in the Constitution;
·         Procedural Standards in Examining Applications for Refugee Status (Amendment) Regulations, 2014 (L.N. 161 of 2014) including ‘gender identity’ within the definition of a particular social group for asylum purposes;
·         Equal Treatment in Employment (Amendment) Regulations, 2014 (L.N. 274 of 2014) including the ground of ‘gender reassignment’ for purposes of sick leave and other rights and protections afforded under the Employment and Industrial Relations Act.

2. This Bill

The Government Programme clearly states that the government intends to introduce a law that allows trans people to have their self determined identity respected by law. The Programme also states that government wants to introduce a policy against discrimination across the whole Public Service.
This Bill was thus developed by the LGBTI Consultative Council to meet this goal. In the process, consultations were held with various local and international institutions and organisations to ensure that the law meets current standards and protects trans, genderqueer and intersex people against discrimination.
In a nutshell, the proposal:
·         Introduces a right to gender identity for all persons;
·         Regulates the procedure for change of legal gender for minors and adults alike;
·         Recognises foreign decisions regarding gender identity by a competent court or responsible authority;  
·         Allows for amendments of gendered characteristics on all official documents (such as the ID card and the passport) or certificates;
·         Provides for the privacy of the person whose gender has been rectified on official documents;
·         Introduces a positive obligation on government entities to ensure that their services meet the objectives of this Act;
·         Provides parents with the possibility to postpone the entry of a gender marker on their children’s birth certificate;
·         Introduces a right to bodily integrity and physical autonomy for all persons;
·         Makes non-medically necessary treatment on the sex characteristics of a person without informed consent unlawful;
·         Provides for psychosocial counselling, support and medical interventions related to sex and/or gender;
·         Provides for a revision of the protocol regulating sex assignment treatment and/or surgical interventions on the sex characteristics of a person;
·         Introduces ‘gender expression’ and ‘sex characteristics’ within the list of grounds for aggrevated circumstances under the Criminal Code; and 
  •     Introduces ‘gender expression’ and ‘sex characteristics’ within the scope of the Equality for Men and Women Act.

3. Consultation Documents


4. Pre-consultation Document




5. Submissions Received


a.      Local Civil Society Organisations


​i. Aditus Foundation.pdfAditus Foundation.pdf
​ii. Kunsill Nutarili ta' Malta.PDFKunsill Nutarili ta' Malta.PDF
​iii. Kunsill Studenti Universitarji.pdfKunsill Studenti Universitarji.pdf
​iv. Life Network and Gift of Life Foundation - Malta.pdfLife Network and Gift of Life Foundation - Malta.pdf
​v. Malta Humanist Association.pdfMalta Humanist Association.pdf
​vi. The Church in Malta.pdfThe Church in Malta.pdf
b.   International Civil Society Organisations      
​i. Global Action for Trans Equality (GATE).pdfGlobal Action for Trans Equality (GATE).pdf
​ii. European Region of the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA-Europe).pdfEuropean Region of the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA-Europe).pdf
​iii. Organisation Intersex International Australia (OII Australia).pdfOrganisation Intersex International Australia (OII Australia).pdf
​iv. ​​Organisation Intersex International Europe (OII Europe).pdfOrganisation Intersex International Europe (OII Europe).pdf
​v. STP, International Campaign Stop Trans Pathologization .pdfSTP, International Campaign Stop Trans Pathologization .pdf
​vi. Transgender Europe.pdfTransgender Europe.pdf
​vii. United Nations High Commissioner for Refugees- Malta (UNHCR Malta).pdfUnited Nations High Commissioner for Refugees- Malta (UNHCR Malta).pdf
c.   National Institutions
​i. Commissioner for Children and Maltese Paediatric Association.pdfCommissioner for Children and Maltese Paediatric Association.pdf
​ii. National Commission for the Promotion of Equality (NCPE).pdfNational Commission for the Promotion of Equality (NCPE).pdf
d.   International Institution​ ​ ​
​i. Council of Europe Sexual Orientation and Gender Identity Unit.pdfCouncil of Europe Sexual Orientation and Gender Identity Unit.pdf
e.   Individuals / Individwi ​ ​
​i. Jack Byrne (New Zealand).pdfJack Byrne (New Zealand).pdf
​ii. Kristina Mizzi and Rose Galea Testaferrata.pdfKristina Mizzi and Rose Galea Testaferrata.pdf
​iii. Louise Anne Pulis.pdfLouise Anne Pulis.pdf
​iv. Nicholas Briffa.pdfNicholas Briffa.pdf
​v. Peter Cassar Torreggiani.pdfPeter Cassar Torreggiani.pdf
​vi. Rosario Mizzi.pdfRosario Mizzi.pdf
​vii. Suzanne Vella and Martha Fitz.pdfSuzanne Vella and Martha Fitz.pdf
​viii. Tony Briffa (Australia).pdfTony Briffa (Australia).pdf
​ix. Various Signatories.pdfVarious Signatories.pdf

Please be informed that submissions were published on the webpage of this consultation at the end of the consultation. The lead Ministry has sole discretion upon the publication of comments


6. Report of the Outcomes of the Scoping Phase

Data Protection Statement Data Protection Act (Chapter 440)
The Data Protection Act, 2001 regulates the processing of personal data whether held electronically or in manual form. The Ministry for Social Dialogue, Consumer Affairs and Civil Liberties collects only information which is necessary for it to perform its intended functions and is set to fully comply with the Data Protection Principles as set out in the Act.  Verification of the ID number provided will take place as deemed necessary. All personal data provided will be processed according to the Data Protection Act (Cap 440).
In addition, please be aware of:
·         Disclosure under the Freedom of Information Act (Chapter 496)
As we are a public authority all documents we hold, including documents related to this public consultation process, may be released following a request to us under the Freedom of Information Act (Chap. 496), unless such request may be subject of an exemption arising from the same Act.

​Click on the 'Online Consultation' logo to go to the Public Consultations main page.

Top Section Banner.jpg