Not on freedom of speech

The columnist of The Observer Julie Burchill wrote a scathing article on transsexuals, causing a stir and offending many. There were complaints from various quarters. The Observer apologised and removed the article from its website.

Transsexual people know their gender when they are still very young

The editor, John Mulholland, issued the following statement: “We have decided to withdraw from publication the Julie Burchill comment piece Transsexuals Should Cut It Out.

“The piece was an attempt to explore contentious issues within what had become a highly-charged debate. The Observer is a paper which prides itself on ventilating difficult debates and airing challenging views.

“On this occasion, we got it wrong and, in light of the hurt and offence caused, I apologise and have made the decision to withdraw the piece. The Observer Readers’ Editor will report on these issues at greater length.”

On the other hand, the British Press Complaints Commission came out with its verdict: that the disparaging remarks by Burchill were her opinion and clearly distinguished from fact and, thus, allowed.

While I believe that nobody should have the power to decide what we can read, write or say – freedom of expression is freedom of expression – what struck me about Burchill, the columnist and polemicist who often writes humane pieces highlighting the plight of the underdog such as the sick and the exploited workers, was her insensitivity to the hard realities of transsexuals.

She writes this way about an already discriminated against minority. That is why I don’t think this case is about freedom of speech.

Opting to use certain language with regard to transsexuals means that one is indifferent to the hardship those in this life situation have to endure.

Our recent experience in Malta is with the publicised case of Joanne Cassar.

She won a court case so that she could marry her partner, which case was appealed by the previous Government. She is now suing in the European Court of Human Rights.

In the issue paper, Human Rights And Gender Identity, Thomas Hammarberg, a former Council of Europe Commissioner for Human Rights, states that “Articles 2 and 5 of the ECHR guarantee the right to life and security for every person. In spite of this, many transgender people live in fear and face violence in the course of their lives. This violence ranges from harassment, bullying, verbal abuse, physical violence and sexual assault, to hate crimes resulting in murder.

“Transphobia – understood as the irrational fear of, and/or hostility towards, people who are transgender or who otherwise transgress traditional gender norms – can be considered as one of the main causes of violence and intolerance that many transgender persons face.

“Some people seem to have a problem with the mere existence of human beings whose outer expression of their inner gender identity is not the same as their gender determined at birth. Aggression against transgender people cannot, however, be excused as resulting from ignorance or lack of education.”

My own personal experience with a constituent’s child is that transsexual people know their gender when they are still very young and, thus, could not have been conditioned.

They know it before they know about sex.

Experts in the field tell us that one is born with genitals opposite to the brain.

Thus, the critique on Burchill’s piece is not about political correctness. I personally don’t think there’s such a thing as acceptable opinion. But, in this case, what Burchill wrote is damaging to people in this situation, over which they have no control.

It is no different to writing carelessly about people born in other realities.

Dr.HelenaDalli@gmail.com

Helena Dalli is Minister for Social Dialogue, Consumer Affairs and Civil Liberties.