At a European conference on LGBTI rights in Malta on 13 - 14 May, the Irish Government signed a declaration committing itself to
“6. Guarantee the full legal recognition of a person’s gender identity in all areas of life, in particular by enabling the change of names and gender in official documents in a fast, transparent and accessible manner,
7. Remove abusive and disproportionate requirements for legal gender recognition, make available appropriate gender reassignment services and ensure that no-one is subjected to gender reassignment procedures without his or her consent”.
But speaking at the opening session of the conference, the Maltese Minister for Social Dialogue and Civil Liberties, Helena Dalli, who recently brought in legislation to allow transpersons to marry in their preferred gender, had a frank message for Ireland and other countries which are lagging behind on trans issues.
Asked by this writer at her press conference what she would say to the small group of countries, including Ireland, that still have no gender recognition legislation, Ms Dalli said: “I would want to share with them the experience of a mother who rang me when I was introducing the legislation. She said she had a 16-year old trans son. ‘You have no idea’, she said, ‘what our life is like with the bullying and harassment he suffers at school’.”
Ms Dalli added: “I really don’t understand these countries that don’t want to give rights to trans people”. When she brought her legislation to the Cabinet and spoke to them about Joanne Cassar, a Maltese trans woman who could not marry her partner, her colleagues said: “ How can we not help this woman? How can we not give her her rights?”
Ms Dalli was opening the second annual IDAHO (International Day Against Homophobia and Transphobia) European Forum aimed at developing stronger LGBTI policies across Europe and combatting increasing homophobia in some countries. The Forum, organised by the Maltese and Swedish governments, launched the IDAHO Declaration of Intent to promote the human rights of LGBTI persons.
Speaking on the opening night, Maltese Labour Prime Minister Joseph Muscat listed what his government had done on LGBTI issues since it was elected last year. They had dropped government opposition to a case Joanne Cassar was taking to the European Court of Human Rights and had changed the law to allow trans people to marry. They had introduced civil unions for gay and lesbian couples with the right to adopt. And they had amended the Maltese constitution to prohibit discrimination based on sexual orientation or gender identity.
“We are building a better Malta. I am certain of that”, Mr Muscat concluded. “And to other countries I say: throw away your prejudices. You’ll be surprised how good it makes you feel”.
Irish Minister of State Kathleen Lynch attended the Forum and signed the Declaration of Intent on behalf of the Government. Sixteen other EU states have now signed up to it and there was strong support as well from Niels Musnieks, the Council of Europe Commissioner for Human Rights and the EU’s Fundamental Rights Agency.
ILGA (International Lesbian and Gay Association) Europe also launched its annual Rainbow Map at the Forum, ranking European countries according to their level of protection of LGBTI human rights. Ireland came 22nd in Europe this year, a couple of points down on the previous year and well behind Malta, once regarded as intensely Catholic and conservative. If this was a school report card, it would probably say: "Could do better”.
Next year there will be more emphasis on implementing the pledges in the Declaration of Intent and Ireland will have some catching up to do.
FLAC solicitor Michael Farrell was attending a seminar/workshop of lawyers taking trans cases in various European countries which was held on the fringes of the IDAHO Forum. Inevitably the Lydia Foy case came up in discussion and lawyers from the other countries were astonished to hear that 17 years after Lydia’s case had begun, she has still not got her new birth certificate.
To read the IDAHO Declaration of Intent, click here. To read Minister Helena Dalli’s opening speech, click here. To read Prime Minister Joseph Muscat’s speech, click here and to see the ILGA-Europe Rainbow Map, click here.