Gender Identity, Gender Expression & Sex Characteristics Act with respect to intersex individuals & sex assignment treatment / surgical intervention

Abstract

The raison d'être behind this legal term paper is an analysis of Article 14 which is part of the recently enacted legislation titled Gender Identity, Gender Expression and Sex Characteristics Act, Chapter 540 Laws of Malta. Through this newfangled law, Malta chose to regulate the reality faced by intersex individuals and grant them the protection duly deserved. Scilicet, Article 14 of the GIGESC Act sought to terminate the practice of medical interventions on intersex infants without informed consent, being the first nation in the entire world to take such a courageous stand. Ergo, this study shall delve into the realities faced by intersex individuals, a critical analysis of the recently developed provision referred to antecedently and the identification of any weaknesses and lacunae. The author will also carry out a comparative review of the situation beyond our own shores with regards to such practices and legal situations in other countries. This research shall include recapitulations of judgments from foreign countries to show the present stance taken by courts, unfortunately a Maltese interpretation is lacking as no case on the basis of Article 14 has yet been presented. The conclusion will bring forward recommendations by the author on the basis of weaknesses and strengths of this provision following clarifications by the Ministry for Social Dialogue, Consumer Affairs and Civil Liberties. This study will include opinions from highly esteemed individuals in this area which will help produce a reliable final product.