Posted on 23. May 2011 in Country Information

 Malta keeps on ignoring European Human Rights Standards

 

In a today’s decision the Maltese Court overturned a recent appeal by Joanna Cassar in her fight to her right to marry in Malta. See the article in the Times of Malta:
http://www.timesofmalta.com/articles/view/20110523/local/joanne-cassar-loses.366791

The judge’s reasoning given in the article says:

The court ruled Ms Cassar would never be considered to be a “woman” according to the Marriage Act and declared the change in her birth certificate, allowing a change of name and gender, was only intended to protect the right to privacy and to avoid embarrassment.

This is a clear breach of human rights established by the European Court for Human Rights. The court had established in 2002 in the Cases Goodwin and I vs UK and following cases the principle that member states have the positive obligation to enable change of gender marker in documents and that restrictions limiting the legal capacity of trans people violate their right to private and family life. The Court also ruled that States have to take active measures to allow trans people, upon legal gender recognition, to get married (Article 12 of the European Convention on Human Right).