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LGBT rights in Malta

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LGBT rights in Malta
Location of Malta (dark green)

– in Europe (light green & dark grey)
– in the European Union (light green)  –  [Legend]

StatusLegal since 1973
Gender identityMay change the indication of sex in official documentation
MilitaryGays and lesbians allowed to serve openly
Discrimination protectionsYes
Family rights
Recognition of relationshipsCivil unions since 2014 (awaiting President's signature)
AdoptionYes (awaiting President's signature)

Rights for lesbian, gay, bisexual, and transgender (LGBT) persons in Malta have improved in recent years. Both male and female same-sex sexual activity is legal in Malta, and civil unions will be introduced as of April 2014.

History

See also: LGBT social movements

As a British colony, Malta adopted the penal code of Great Britain which criminalised same-sex relations between men. There are examples of individuals caught out by the law - including the lawyer, Guglielmo Rapinett who was arrested for lewd behaviour in the 19th century while trying to seduce a guard. It was not until 1973 that the Labour government decided to bring the island in line with most of Western Europe.

The Malta Gay Rights Movement (MGRM), was founded in 2001, and remains a socio-political non-governmental organisation which has as its central focus the challenges and rights of the Maltese LGBT community.

In February 2008, MGRM organised and presented a petition to parliament asking for a range of measures to be introduced to protect them through the law. The petition received the backing of Alternattiva Demokratika with leader Harry Vassallo addressing the Malta Times newspaper, saying that the recognition of gay rights would be a step forward. The petition was signed by more than 1,000 people and asked for legal recognition of same-sex couples, an anti-homophobic bullying strategy for the island nation's schools and new laws targeting homophobic and transphobic crimes.

In October 2009 the president of Malta, George Abela, met with the board of the European Region of ILGA at the presidential palace as the group prepared to open its 13th annual conference in Malta. In the meeting Abela agreed that information and education were important in tackling discrimination and fostering acceptance of differences—and that Malta has seen progress in LGBT acceptance. He was also reported as saying that "love is the most important thing there is and it can't be "graded" based on sexual orientation". This was the first time a head of state has met with ILGA-Europe members during one of the group's annual conferences.[1]

Law regarding same-sex sexual activity

Same-sex sexual activity is legal in Malta since January 1973.[2][3] The age of consent is equal at 18 for all.[4]

Gender identity/expression

See also: Legal aspects of transsexualism

In 2007 a judge in Malta has ordered government officials to issue the appropriate documentation to permit Ms. Joanne Cassar, a transsexual woman, to get married. The court's ruling is the first of its kind in the country, which joined the EU in 2004.[5] The Director of Public Registry contested the ruling in May 2008 and won. Ms. Cassar filed a constitutional application in the First Hall of the Civil Court insisting this was in violation of her fundamental human rights. (source[6])

The legal recognition of transitioning transgender people are covered by two pieces of legislation, namely:

  • Chapter 452 Employment and Industrial Relations Act
  • EU Council Directive 2006/54/EC

Both aim to implement equality of opportunity and equal treatment of men and women in matters of employment and occupation. Transgendered persons in Malta who have undergone irreversible gender re-assignment surgery may change the indication of sex in official documentation such as identity cards, birth certificates and passports.[7]

Recognition of same-sex relationships

Main article: Recognition of same-sex unions in Malta

The Civil Unions Bill, which gives LGBT couples rights equal to marriage, was debated in October 2013[8] and approved on 14 April 2014.

On 28 March 2010, Prime Minister Lawrence Gonzi announced that the Government was working on a bill to regulate cohabitation—which would include rights for same-sex couples.

On June 2012, a poll commissioned by MaltaToday news website found support for same-sex marriage at a record high, with 60% of people aged 18–35 supporting same-sex marriage. The poll found a generational gap, with only 23% of people older than 55 supporting the change. Overall, the poll found that 41% of the population was in favor of same-sex marriage and that 52% was against it,[9] a big change in comparison to 2006, when only 18% of the population supported it.[10]

Following a campaign promise during the 2013 elections the Minister for Social Dialogue, Consumer Affairs, and Civil Liberties of the newly elected Labour government announced that the government was entering consultations for a bill granting civil unions to same-sex couples, with the bill expected to be presented in Parliament in September 2013.[11]

Discrimination protections

Since 2004, Malta has a ban on anti-gay discrimination in employment, in line with European Union requirements.[12] Anti-discrimination protections were expanded in June 2012.[13]

In June 2012, the parliament amended the Criminal Code to prohibit hate crimes based on sexual orientation and gender identity.[14][15][16]

On 14 April 2014, the Parliament of Malta unanimously approved a bill which amends the Constitution to add protection from discrimination on the basis of sexual orientation and gender identity.[17]

Living conditions

In July 2007, Malta's Union of Teachers threatened to publish the details of four attempts to oust gay and lesbian teachers from Roman Catholic school posts. According to the union, Church schools were under pressure from parents to fire the teachers, leading to four interventions in the past five years.

There are a few gay clubs including 'Tom Bar', situated in Floriana, which is the oldest gay club in Malta, and 'Monaliza' in Paceville and Valletta.

Summary table

Same-sex sexual activity legal Yes (Since 1973)
Equal age of consent Yes (Since 1973)
Anti-discrimination laws in employment Yes (Since 2004)
Anti-discrimination laws in the provision of goods and services Yes (Since 2012)
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) Yes (Since 2012)
Same-sex marriage Yes/No (Foreign marriages recognised since 2014)
Recognition of same-sex couples[18] Yes (Since 2014)
Step-child adoption by same-sex couples[19] Yes (Since 2014)
Joint adoption by same-sex couples[20] Yes (Since 2014)
Gays and lesbians allowed to serve openly in the military Yes
Right to change legal gender Yes
Access to IVF for lesbians No
Commercial surrogacy for gay male couples No

See also

Notes

  1. ^ "Maltese President Meets with ILGA-Europe (Baltimore Gay Life - Maryland's LGBT Community Newspaper)". Baltimore Gay Life. 12 November 2009. Retrieved 20 January 2011.
  2. ^ "maltastar.com". maltastar.com. 6 August 2010. Retrieved 20 January 2011.
  3. ^ "Dr Inġ. Patrick Attard: Library on Gay-Rights in Malta and Beyond: Leħen is-Sewwa 1973: Ittra Pastorali kontra d-Dekriminilazzjoni ta' l-Omosesswalità". Patrickattard.blogspot.com. Retrieved 20 January 2011.
  4. ^ "Malta". Age of Consent. 20 August 1998. Retrieved 20 January 2011.
  5. ^ "Malta transsexual given permission to marry". Pink News. 16 February 2007. Retrieved 20 January 2011.
  6. ^ "Transsexual insists on her right to marry". timesofmalta.com. Retrieved 20 January 2011.
  7. ^ "The Status Of Lesbian, Gay, Bisexual And Transgender Rights In Malta" (PDF). Retrieved 20 January 2011.
  8. ^ "Civil Unions law will give same sex couples same rights, duties, as married couples". timesofmalta.com. 14 October 2013. Retrieved 3 April 2014.
  9. ^ Heartening change in attitudes to put gay unions on political agenda
  10. ^ Eight EU Countries Back Same-Sex Marriage
  11. ^ Vasallo, Raphael (5 June 2013). "Civil partnership bill expected after summer". Malta Today. Retrieved 5 August 2013.
  12. ^ Malta's gay group ask for equal rights, Pink News, 21 February 2008
  13. ^ AN ACT to amend the Equality for Men and Women Act, Cap. 456
  14. ^ AN ACT to amend the Criminal Code, Cap. 9
  15. ^ Malta: Gender identity and sexual orientation included in hate crime laws
  16. ^ Gay rights movement welcomes passing of hate crimes amendments
  17. ^ Bill No. 18 - Constitution of Malta (Amendment) Bill
  18. ^ http://www.timesofmalta.com/articles/view/20140414/local/same-sex-unions-approved-celebrations-in-valletta-opposition-abstains-because-of-adoptions.514992
  19. ^ http://www.timesofmalta.com/articles/view/20140414/local/same-sex-unions-approved-celebrations-in-valletta-opposition-abstains-because-of-adoptions.514992
  20. ^ http://www.timesofmalta.com/articles/view/20140414/local/same-sex-unions-approved-celebrations-in-valletta-opposition-abstains-because-of-adoptions.514992
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