Transsexual's human rights 'were violated'

A court has declared that the failure of the state to provide for the needs of transsexuals constituted a breach of an individual's fundamental human rights.

Mr Justice Noel Cuschieri, sitting in the First Hall of the Civil Court, upheld a constitutional application filed by an individual who underwent gender reassignment surgery.

The application was filed against the Attorney General and the Director of Public Registry by a man who, through surgery, changed his sex to that of a woman.

The applicant submitted that although she was born a man (as evidenced by her birth registration certificate) she had always felt herself to be a woman. She had eventually undergone gender reassignment surgery in Brighton, England in 1996 and was now a woman. However, she still faced problems and embarrassment as her official documentation did not tally with her new sex.

She claimed that the refusal of the Director of Public Registry to amend her birth certificate so as to recognise her change in sex and the failure of the state to provide for the exigencies of transsexuals was in violation of her fundamental human right to privacy.

The court pointed out in its judgment that the legal position in Malta had been established by judgments delivered by the Constitutional Court between 2001 and 2003.

The Constitutional Court had ruled that the state had not only to abstain from interference in an individual's right to privacy but had also, in certain instances, to provide measures designed to secure respect for the private life of the individual.

The lack of legislation catering for the particular needs of transsexuals rendered transsexuals in a position of inferiority when compared with other persons and exposed them to circumstances in which they did not enjoy privacy.

The court therefore concluded by ordering the Director of Public Registry to amend the applicant's birth certificate so as to show her change of name and sex.

The director was also ordered to enter the appropriate annotation in the birth certificate.

The authorities were ordered to pay all the costs of the case save for those of the medical expert who was to be paid by applicant.