ACT No. LVI of 2016 AN ACT to amend the Gender Identity, Gender Expression and Sex Characteristics Act, Cap. 540.

I assent.

M ARIE- L OUISE

(L.S.)

C OLEIRO P RECA

President

9th December, 2016

ACT No. LVI of 2016

AN ACT to amend the Gender Identity, Gender Expression and

Sex Characteristics Act, Cap. 540.

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 short title of this Act is the Gender Identity, Gender

Expression and Sex Characteristics (Amendment) Act, 2016, and this

Act shall be read and construed as one with the Gender Identity,

Gender Expression and Sex Characteristics Act, hereinafter referred

to as "the principal Act".

Article 2 of the principal Act shall be amended as follows

(a) immediately after the definition "interdisciplinary team"

there shall be added the following new definition

" "lived gender" refers to each person’s gender identity and its

public expression over a sustained period of time;";

(b) in the definition of “minor”, the words “eighteen years”

shall be substituted by the words “sixteen years”; and

(c) in the English version only, the words “and/or” shall be

substituted by the words “and, or” wherever they are found.

In sub-article (1) of article 9 of the principal Act, the word Amendment of

article 9 of the

"recognized" shall be substituted by the word "recognised".

principal Act.

Immediately after article 9 of the principal Act there shall Addition of a

new article to

be added the following new article

the principal

Act.

" Recognition

(1) A person who is detained in

of gender

any gender-segregated facility in Malta may

identity in

have such person’s gender recognised by means

detention.

of an affidavit confirming such lived gender and

the intention of the person to continue living

according to such gender throughout the period

of detention.

(2) The affidavit referred to in sub-article

(1) shall be subject to the procedures set out in

the Code of Organisation and Civil Procedure.

(3) The affidavit mentioned in sub-article

(1) shall cease to have effect upon the expiration

of the period of detention.".

5. Article 15 of the principal Act shall be amended as Amendment of

article 15 of the

follows

principal Act.

(a)

the present article shall be re-numbered as sub-

article (1) thereof; and

(b) immediately after sub-article (1), as re-numbered,

thereof there shall be added the following new sub-article

"(2) The pathologisation of any form of sexual

orientation, gender identity and, or gender expression as

may be classified under the International Classification

of Diseases or any other similar internationally

recognised classification, shall be null and void in Malta.

The nullity of such classification shall not impact

negatively the provision of any healthcare service

related to sex and, or gender.".

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

€0.36