Waylon Johnston
Transgender seeks legal remedy, compensation from European Court
Joanne Cassar, who underwent gender reassignment surgery to become a woman and was denied the right to marry because of a lacuna in the law, has taken the case to the European Court of Human Rights in Strasbourg demanding compensation.
The 29-year-old had won the right to marry but this was overturned on appeal last week when a judge ruled that, although she had her human rights breached, the problem was in the law and she could not marry.
Ms Cassar’s legal saga started in 2006 when the Marriage Registrar refused to issue marriage banns although her birth certificate had been changed to indicate she was now a woman.
The appeals court ruled there was a lacuna in the law that did not allow people to enter into any form of life partnership after undergoing gender reassignment surgery.
In the appeal to the European Court yesterday, Ms Cassar asked for a declaration that the Director of Public Registry could not refuse to issue the marriage banns just because she underwent gender reassignment surgery.
She also said that taking into consideration the fact that the case took seven years to conclude, there was a breach of human rights and since she was not granted a legal remedy or compensation in that regard, she called for compensation and a remedy to the situation.
Ms Cassar had undergone surgery in the UK when she was 22 after being diagnosed with gender identity disorder, a conflict between a person’s physical or apparent gender and that person’s self-identification.
Lawyers Josè Herrera and David Camilleri are representing Ms Cassar.
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R. Caruana
Jun 1st 2011, 12:19
I am no lawyer but what is concerning about this issue is the very definition of Gender in legal terms. There are only 100% Males & 100% Female, some countries found a way around this by qualifying a 3rd gender in their law books, the point being is that even this is more concrete then the concept of "Honorary" male or female which I personally find absurd & sets a dangerous precedent because it opens the theoretical possibility however small it may be for others in different situations to be relegated. to this "Honorary" gender nonsense.
Mr Tony Camilleri
Jun 1st 2011, 12:43
You have a point.
How can the cutting off of your **** turn you into a woman?
Mr Wally Vella-Zarb
Jun 1st 2011, 17:16
"There are only 100% Males & 100% Female"
Wrong! Although this is a common misconception, there are seven distinct grades between "100% male" and "100% female". Some people are unfortunate enough to be born right in the middle, sometimes with the physical attributes of one gender but with the psychological characteristics of the other. Gender reassignment, through complex surgery, gives these persons a chance to live in psychological peace with their 'new' bodies. I cannot understand how some people can be so heartless and insensitive to the needs of others who, through no fault of their own, are less fortunate.
Ramon Casha
Jun 1st 2011, 10:43
Well done Joanne and keep it up.
Malta needs some kind of civil rights movement to help people like Joanne who become the target of repeated, vindictive human rights violations by the state.
Mr Patrick Zammit
Jun 1st 2011, 09:19
The government's pig hardheadedness will cause taxpayer to loose more money in settlement after Ms Cassar wins her case.
The taxpayer already poured E4,000,000 down the drain in a referendum we did not need, just because the government did not have the guts to pass a civil law just like the ones passed when civil marriages were introduced and adultery and sodomy were decriminalized. I do not remember any church crusades, weeping Madonnas and threats of eternal damnation back than even though these are also "sins".
Ireland had to go for a referendum because divorce was against their constitution. The Philippines apparently, will not go for a referendum.
Stephen Koludrovic
Jun 1st 2011, 19:47
'@ Patrik,
Quite frankly I was once married, then divorced and now I cohabit-ate no hassle and certainly no problems.
Marriage is a dying institution, maybe still not here, but will soon be.
Stephen Koludrovic
Jun 1st 2011, 09:11
Dear Ms Cassar, can't you just simply cohabitate and save yourself some hassle.
Saviour Sam Agius
Jun 1st 2011, 10:21
It's such attitudes that keep us stuck in the middle ages.
Victor Rodenas
Jun 1st 2011, 10:24
Maybe she wants to prove a point.The law must be modified......in the near future it will.
Mr Patrik Larsson
Jun 1st 2011, 10:36
Could you? Could the majority of Maltese? Heck, let's just get rid of marriage altogether and we can all cohabitate.
If you don't want that kindly specify the reasons why Ms. Cassar should cohabitate and not us heterosexual (not presuming you are).
Ms Louise Galea
Jun 1st 2011, 10:40
Why should she be denied a right that is available to others? Why should she settle down for less than what are any other persons normal aspirations?
Mr Kevin Cassar
Jun 1st 2011, 11:50
If everyone "saved themselves some hassle" we would have no rights. We would still have slavery, women would still have no vote and be a commodity (possession) of men, and men would still be working 7 days a week, 16 hours a day. We should be grateful and encourage these people who fight for their rights and those of future generations, despite the "hassle".