New law will legislate for hate crimes against transgender people

The Gibraltar Government has published draft legislation to amend the Crimes Act 2011 to include transgender hate crimes.

The proposed law means certain criminal offences, including crimes of violence, can be aggravated by reason of transgender identity.

An offence would be aggravated if at the time it was committed the offender demonstrates towards the victim hostility based on the victim being transgender, or if the offence is motivated wholly or partly by hostility towards persons who are transgender.

At present, the law covers hate crimes based on race, religious belief, disability, sexual orientation and age.

The draft law, which has yet to be debated by Parliament, also extends stirring up hatred offences to include hatred on the grounds of transgender identity

The Bill includes provisions to protect freedom of expression.

Those provisions would not prohibit discussion or criticism of matters relating to transgender identity or urging a person to refrain from conduct or practices relating to transgender identity.

The proposed legislation has yet to be debated in Parliament.