Tuesday 21 October 2008

MGRM ADŻ FŻL: The Right of Post-Operative Trans-sexuals to marry

21.10.8

Malta Gay Rights Movement (MGRM), Forum Żgħażagħ Laburisti (FŻL) and Alternattiva Demokratika Żgħażagħ (ADŻ-Green Youth) would like to express their support to Joanne Cassar in the case that is being brought forward today in order to determine her right to marry in accordance with the European Convention of Human Rights (Article 12) of which Malta is a signatory.

The European Court of Human Rights, particularly with respect to the case of Goodwin and I vs the UK (2002) clearly found in favour of the rights of Transsexuals to marry stating that "the Court finds no justification for barring the transsexual from enjoying the right to marry under any circumstances".

In fact the deliberations of the European Court make it clear that the margin of appreciation enjoyed by contracting states is not unlimited and does not extend to denying transsexuals the right to marry under any circumstances as has been alleged by the Director of Public Registry and upheld by the Maltese Civil Court earlier this year.

We urge the Maltese Courts to be guided by the deliberations of the European Court of Human Rights in deciding on the matter. We also urge the Maltese Government to implement the required policies that would make such legal action unnecessary in respect of human dignity and the right to privacy which all of us are entitled to.

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