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Cap. 540 · Gender Identity, Gender Expression And (Cap. 540)

Cap. 540 Art. 9ARecognition of gender identity in detention.

In forceOfficial text

(1) A person of any nationality who is detained in any gender-segregated facility in Malta may have such person’s gender recognised by means 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:

Provided that the relevant authority that receives the affidavit provided for in this sub-article shall, after consulting with the person concerned, make those adjustments that do not impose a disproportionate burden on it, where it is necessary to provide reasonable accommodation for that person.

(2) The affidavit referred to in sub-article (1) shall be subject to the procedures set out in the Code of Organization and Civil Procedure.

(3) The affidavit mentioned in sub-article (1) shall cease to have effect upon the expiration of the period of detention.

Amendment history
  • Amended by XXV.2024.11