PN Deputy Leader Mario de Marco yesterday publicly apologised if the Nationalist government was not sensitive enough to transgender people and if it did not react quickly after the courts gave a different interpretation to the law on the fundamental human rights that Joanne Cassar should have enjoyed.

As a result of remarks made by Civil Liberties Minister Helena Dalli, Dr de Marco clarified that he was also apologising for his use of the word “if” in referring to the previous government’s lack of sensitivity.

He said that the problem arose when the Public Registrar had refused to publish Ms Cassar’s marriage banns to marry her partner. The PN government could have been more sensitive to her case.

One had to recognise the trauma suffered by transgender people when society failed to understand them

Consequently, Ms Cassar had to open a series of legal procedures to safeguard her rights after her birth certificate had been changed by the courts.

As a result, two court sentences upheld Ms Cassar’s requests and two others did not.

This led Ms Cassar to seek redress in the European Court of Human Rights, to the agreement with the Labour Government and the amendment to the law.

Dr de Marco said this was a question of an individual’s freedom of choice without impinging on the rights of others.

The Bill declaring the right of transgender people to marry strengthened society’s rights and did not affect the rights of others.

One had to recognise the trauma suffered by transgender people when society failed to understand them.

Often they were marginalised and subject to abuse. Parliament was making a small step forward acknowledging individual rights without discrimination.

He quoted UK legislation and asked whether requests for changes in birth certificates after a sex change could be made informally to a gender-recognition panel rather than to the courts, so as to show more sensitivity to individuals.

Discrimination was still the most sensitive issue as shown by European statistics where nine countries effectively protected transgender people against violence.

Earlier, Dr de Marco said that 16 European nations still do not allow changes in names of transgender people on official documents while 15 prohibit them from marrying.

Concluding, he said that this was an opportunity for transgender people in Malta to feel they were better than others across the EU.