Vladimir Luxuria, a former Italian Member of Parliament, is openly transgender and has campaigned for more civil rights for this minority. Photo: Shutterstock

Rights granted to transgender people through the proposed Gender Identity Bill should be extended to migrants benefiting from international protection and refugee status, according to the office of the United Nations High Commissioner for Refugees.

Some migrants are granted protection because of persecution in their country directly related to their sexual orientation.

Yet, the proposed law stated it was only applicable to Maltese citizens, without making reference to habitual residents, the UNHCR said.

For this reason the commissioner believes that the law should be tweaked to make it accessible to them.

The UNHCR was among several organisations and individuals who submitted feedback during the consultation process on the proposed Gender Identity Bill that closed at the end of November.

The Bill seeks to introduce the right to gender identity and allow transgender people to change their gender on official documents.

This would be achieved on the strength of a public deed drawn up by a notary, without the individual having to undergo sexual reassignment surgery.

The Social Dialogue Ministry received 25 submissions – seen by this newspaper – the majority of which welcomed enhancing the dignity of transgender and intersex people.

There was no need to include a gender marker on identification documents

Among the most interesting submissions was the one made by two law students, who suggested there was no need to include a gender marker on identification documents.

Their position was backed by the National Students’ Council , which said another option was including a third “option X”, apart from “male” and “female”.

Among the submissions, many expressed their approval but raised technical and legal issues or sought clarifications.

These included the National Commission for the Promotion of Equality, human rights NGO Aditus Foundation and the Notarial Council, which said it believed changes in recorded gender should be noted on a person’s birth certificate to safeguard third-party rights.

The Children’s Commissioner and the Malta Paediatrics Association welcomed the fact that the Bill recognised the right to self-determination but insisted on better safeguards for children.

The Church welcomed that the Bill tried to protect members of society from unnecessary hardship and pain.

However, it expressed concern that legislation made changing a person’s identity as simple as changing an ID card.

It cautioned that the Bill would impose a new philosophy, culture and definition of sexuality and gender.

Feedback welcoming the Bill was also sent in by various local and international organisations representing gay and transgender people. These included the Malta Gay Rights Movement, Transgender Europe and Global Action for Trans Equality.

The submissions will be reviewed by the end of January and a final report will be published online.