ACT No. LV of 2016 AN ACT to affirm that all persons have a sexual orientation, a gender identity and a gender expression, and that no particular combination of these three characteristics constitutes a disorder, disease, illness, deficiency, disability and, or shortcoming; and to

I assent.

M ARIE- L OUISE

(L.S.)

C OLEIRO P RECA

President

9th December, 2016

ACT No. LV of 2016

AN ACT to affirm that all persons have a sexual orientation, a

gender identity and a gender expression, and that no particular

combination of these three characteristics constitutes a disorder,

disease, illness, deficiency, disability and, or shortcoming; and to

prohibit conversion practices as a deceptive and harmful act or

interventions against a person’s sexual orientation, gender identity

and, or gender expression.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same as follows:-

The title of this Act is the Affirmation of Sexual Short title.

Orientation, Gender Identity and Gender Expression Act, 2016.

In this Act, unless the context otherwise requires

Interpretation.

"conversion practices" refers to any treatment, practice or

sustained effort that aims to change, repress and, or eliminate a

person’s sexual orientation, gender identity and, or gender

expression; such practices do not include -

(a)

any services and, or interventions related to the

exploration and, or free development of a person and, or

affirmation of one’s identity with regard to one or more of the

characteristics being affirmed by this Act, through counselling,

psychotherapeutic services and, or similar services; or

(b) any healthcare service related to the free development

and, or affirmation of one’s gender identity and, or gender

expression of a person; and, or

(c)

any healthcare service related to the treatment of a

mental disorder;

"gender expression" refers to each person’s manifestation of

their gender identity, and, or the one that is perceived by others;

"gender identity" refers to each person’s internal and individual

experience of gender, which may or may not correspond with the sex

assigned at birth, including the personal sense of the body (which

may involve, if freely chosen, modification of bodily appearance and,

or functions by medical, surgical or other means) and other

expressions of gender, including name, dress, speech and

mannerisms;

"mental disorder" means a significant mental or behavioural

dysfunction, exhibited by signs and, or symptoms indicating a

distortion of mental functioning, including disturbances in one or

more of the areas of thought, mood, volition, perception, cognition,

orientation or memory which are present to such a degree as to be

considered pathological in accordance with internationally accepted

medical and diagnostic standards, with the exclusion of any form of

pathologisation of sexual orientation, gender identity and, or gender

expression as may be classified under the International Classification

of Diseases or other similar internationally recognised classifications,

and "mental illness" shall be construed accordingly, and for the

purpose of any matter related to criminal proceedings, it shall include

"insanity" as understood for the purpose of the Criminal Code;

"professional" refers to a person who is in possession of an

official qualification and, or a warrant to practise as a counsellor,

educator, family therapist, medical practitioner, nurse, pathologist,

psychiatrist, psychologist, psychotherapist, social worker, and, or

youth worker;

"sexual orientation" refers to each person’s capacity for

profound emotional, affectional and sexual attraction to, and intimate

and sexual relations with, persons of a different gender, the same

gender or more than one gender;

"vulnerable person" refers to any person

(a)

under the age of sixteen years; or

(b)

suffering from a mental disorder; or

(c)

considered by the competent court to be particularly

at risk when taking into account the person’s age, maturity,

health, mental disability, other conditions including any

situation of dependence, the psychological state and, or

emotional state of that person.

It shall be unlawful -

Unlawful

conversion

practices.

(a)

for any person to

(i) perform conversion practices on a vulnerable

person; or

(ii) perform involuntary and, or forced conversion

practices on a person; or

(iii) advertise conversion practices; and, or

(b)

for a professional to

(i) offer and, or perform conversion practices on

any person irrespective of whether compensation is

received in exchange; or

(ii) make a referral to any other person to perform

conversion practices on any person.

(1) Any person found guilty under the provisions of Criminalisation

article 3(a) shall, upon conviction, be liable to a fine (multa) of not of

practices.

less than one thousand euro (€1,000) and not exceeding five thousand

euro (€5,000), or to imprisonment for a term of not less than one

month and not exceeding five months, or to both such fine and

imprisonment

Provided that the punishment prescribed for under this

sub-article shall be increased by one to two degrees in those instances

where any person performs conversion practices on a vulnerable

person.

(2) Any professional found guilty under the provisions of

article 3(a) and, or (b) shall, upon conviction, be liable to a fine

(multa) of not less than two thousand euro (€2,000) and not exceeding

ten thousand euro (€10,000), or to imprisonment for a term of not less

than three months and not exceeding one year, or to both such fine

and imprisonment.

Passed by the House of Representatives at Sitting No. 458 of the

5th December, 2016.

Ċ ENSU G ALEA

Deputy Speaker

R AYMOND S CICLUNA

Clerk of the House of Representatives

€0.54