STATEMENT BY THE GOVERNMENT OF MALTA

Reference Number: PR181215, Press Release Issue Date: May 29, 2018
 
With reference to the seven trans inmates that were held in the wrong gender section at the Corradino Correctional Facility, the government points out that it will not appeal the decision of the Constitutional Court and has in fact already implemented further measures to change the pre-existing system which catered for such injustices.
 
It is pertinent to note that the Court has recognised efforts already made by the Facility’s administration including the adoption of a dedicated policy and adequate gender diversity training for prison wardens.
 
Trans, Gender Variant, & Intersex Inmates Policy (August 2016):
 
Today’s policies clearly outline the procedures to be followed by the correctional services in the event of a trans, gender variant, or intersex inmate brought into the Facility and enable all inmates to be treated fairly and without discrimination.
 
Through such policies the government has facilitated compliance with international and European laws.
 
The government has also introduced a specific legal provision to ensure that inmates who are unable to change their legal documents in their home country are still able to be accommodated in prison according to their lived gender.
 
Specific provision for trans inmates unable to change their legal documents in their home country CAP 540 Articles 2 & 9A (introduced in December 2016):
 
Additional efforts and resources in this regard will be made available to ensure that the human rights of all inmates are protected and laws are upheld with respect to dignity, equity, and social justice.