Issue link: https://maltatoday.uberflip.com/i/429113
maltatoday, SUNDAY, 7 DECEMBER 2014 7 News Church says gender identity bill 'an act of injustice' THE Maltese Church has submitted a position pa- per on the Gender Identity Bill, due to be discussed in Parliament, to the Prime Minister and the Opposi- tion leader, in which seven of its morality experts have warned that the proposed law can risk becoming "an act of injustice [instead of] an act to confer dignity and equality" to transgendered persons. The paper, also presented to civil liberties minister Helena Dalli and social af- fairs committee chairper- son Deborah Schembri MP, was signed by Rev. Prof. Emmanuel Agius, dean of the Faculty of Theology, Dr Nadia Delicata, Rev. Prof. George Grima, Rev. Prof. Paul Galea, Rev. Dr Ray Zammit, Rev. Dr Richard- Nazzareno Farrugia, and Fr Anton Borg. They said that the complex and delicate situation of transgendered persons could not be reduced to a situation where gender becomes a "socially construed attribute" rather than a given element of nature to be accepted. They said the law treats gender as "a matter of self-determination" in- stead of replying to the "real needs of transgendered people and society's duty to offer those means that truly help them address their situation." "Instead of loosening some legal re- straints to make life easier for these individuals, the Bill seems to impose a new philosophy, a new culture, and a new definition of sexuality and gender." While acknowledging it as a step in the right direction for society, the experts said they were concerned about legislation that would be mak- ing a change in one's gender practi- cally as simple as a change in one's identity card. "The matter involves clearly a fun- damental aspect of individual and social life. An over-simplified solu- tion to a complex problem would trivialize the issues clustered around it. "While granting individual rights, a proper balance must be struck between the rights of such individu- als, the interests of others and those of the community at large. In other words, the promotion and safe- guarding of the dignity and rights of the individual should be pursued in a way that no adverse consequences are exerted on society in general and on the family in particular." The experts said that the most crucial area of concern was the defi- nition of gender identity as "each person's internal and individual ex- perience of gender, which may or may not correspond with the sex assigned at birth, including the per- sonal sense of the body (which may involve, if freely chosen, modifica- tion of bodily appearance and, or functions by medical, surgical or other means) and other expressions of gender, including name, dress, speech and mannerisms". But the experts pointed out that the definition, diametrically opposed to the traditionally held one based on biology, left its interpretation wide open, resulting "in a wide arbitrari- ness in the application of the law and to conflicting interpretations". "Since the Bill requires no external physical or even psychological signi- fier, the determination of 'gender' is entirely subjective and psycho- logically dependent on the personal preference of the individual," the experts said. The Bill says that a person shall not be required to provide proof of a surgical procedure for total or par- tial genital reassignment, hormonal therapies or any other psychiatric, psychological or medical treatment to make use of the right to gender identity. It also accords the right to request the public registry director to change the recorded gender or first name in order to reflect their self-determined gender identity. "Once one substitutes a purely subjective for an ob- jective criterion in determin- ing the way a person will be known as male or female the way is wide open to abuse of the power that one can actu- ally exercise when switching from one gender to another," the experts said. "It is laudable to note that changes in the recorded gen- der of minors will be subject to judicial review, which will be tasked to ensure that the best interests of the child will be of paramount consid- eration." The Church experts also added that children should be granted mandatory coun- selling to better understand their sexual orientation and identity. The experts also said that under the proposed law, any rights or obligations arising out of parenthood or marriage will in no way be affected by a change in gen- der identity. "This provision is unclear since it basically raises a myriad of legal and social questions. Complications may arise when it comes to distinguish between civil unions and other forms of marriage, including same-sex mar- riage," they said. CONTINUED FROM PAGE 1 The key posts that can be filled only by 'practising Catholics' will be head teachers or principals; assistant heads; coordinator of religious education and staff that teaches religion; counsellors, PSD teach- ers, and other staff "who assists students to address and make sub- stantive life-choices that involve fundamental Catholic values"; key leadership posts that "directly af- fect the Catholic mission of the school", and any appointees to key posts in the Church Schools Sec- retariat. The Church is not ruling out other teaching posts that it says could "directly affect the Catholic mission of a school". Practising Catholics will be de- fined as those who are baptised as well as living up to the faith's sac- ramental obligations; and whose life choices reflect a "religious, moral and ethical behaviour in accordance with the teachings of Christ… and (are) not in any way detrimental or prejudicial to the religious ethos and character of the school". The Church will argue that key posts in schools will require the performance of objectives that are "essentially catechetical and religious" and therefore both "vo- cational as well as professional in nature". "They carry an obligation… which cannot be fulfilled by some- one who does not adhere in their substantive life choices to the teachings of the Catholic Church, or by anyone who does not share the Catholic faith." It will argue that this decision is not against EU law, as long as the principles of non-discrimination are fully respected, because "the religious objectives of these posts require the post-holder to strive to model in their lives the values of the Gospel and to adhere, in the substance life choices that they make, to the teachings of the Catholic Church". Under the 1991 agreement be- tween the Holy See and the Mal- tese government, the Church re- tains the right to direct its schools with autonomy of operation, which is also recognised in a 2011 agreement with the teachers' un- ion, the MUT. The Church says it is essential that practising Catholics occupy key school posts because they are at the service of the bishop's mis- sion to "govern, teach and sanctify the people of God" through edu- cation; and that the job is both "re- ligious" and "vocational". Holders of current posts The Church will tell holders of the current posts that maintaining "substantive life choices" that are incompatible with Catholic teach- ing and prevents them from re- ceiving the sacraments, "can give scandal" to the Christian and run counter to the school's ethos. If they seriously contravene the terms of appointment, an investi- gation would be launched by the school's governors and "failing a suitable and satisfactory solution to all parties concerned, decisive disciplinary action may need to be taken". It is unclear as to what discipli- nary action can be considered, but the Church says any such action must be exercised with "charity and compassion". Assessment of suitability The prospective teachers and school heads will have their suit- ability assessed according to "evi- dence… of the substantive life choices they are known to have made and adhere to, both in the personal and public forum; and whether or not those choices are compatible with the teaching of the Catholic Church". This means that teachers whose contributions to public life may have not been consonant with Catholic teaching could be pre- vented from seeking higher school posts. In fact, the document says that a school's board of governors will have to be notified when a staff member adopts a life choice that is incompatible with the Gospel. "In any case, he or she will be required to accept the following code of conduct: (a) that their per- sonal life-choices or circumstanc- es which contrast or run counter to the Catholic ethos of the school remain private and are in no way promoted or openly presented as alternative or acceptable choices; (b) that they actively support and promote the Catholic ethos of the school and the values upheld by a truly Catholic education." mvella@mediatoday.com.mt Disciplinary action for heads shows 'life choices' cause scandal SERVICE TENDER FOR THE PROVISION OF CONSULTANCY SERVICES TO ASSIST IN THE DEVELOPMENT OF A PROJECT TO BE SUBMITTED FOR ERDF 2014-2020 FUNDING (Ref: T09/2014) e Malta Environment & Planning Authority (MEPA) is responsible for land use planning and environmental regulation in Malta. e overall objective of this contract is for the provision of consultancy services to assist in the development of a project to be submitted for ERDF 2014-2020 funding. e tender document can be downloaded from the MEPA website on the following link: www.mepa.og.mt/info-tender. e presentation of the tenders should satisfy the conditions mentioned in Section C – Tender Preparation (Page 8 of the Tender Document) and deposited in the tender box at the MEPA premises in Floriana by Monday, 22nd December, 2014 before 10.00a.m. Any questions concerning this call for tenders should be addressed to the Director of Corporate Services on email tenders@mepa.org.mt by not later than ursday, 11th December, 2014 before 4.00p.m. A participation fee of €25.00 needs to be paid in order to submit an oer. Late or incomplete submissions will not be considered. Diversion from the specication will render the oer null and void. Operational Programmes for Malta Cohesion Policy 2014-2020 is tender may be considered for European Union part-nancing