EuroPride host, Malta is No’1 on our Rainbow Map, but it’s not all a pretty picture
An LGBTI poster vandalised just a few days before the EuroPride in Valletta and an LGBTIphobic attack during Gozo Pride are strong reminders that despite strong legal protections, LGBTI people do not always enjoy full inclusion and safety in Malta.
Shortly before the official opening ceremony of EuroPride, hosted this year by the Maltese city of Valletta, a poster advertising one of the events was vandalised in broad daylight in Castille Square. A few days into the celebrations, in the hours after the second annual Gozo Pride parade, a group of queer people faced verbal harassment on their way to a local bar. The situation escalated and one of the people in the group was physically assaulted. The attack was condemned by a number of ministers.
These are not the types of events that you would typically associate with Malta, an EU country renowned for its strong legal protections for LGBTI people. Thanks to the unwavering efforts of local activists and decision-makers committed to safeguarding the rights of LGBTI people, Malta has topped ILGA-Europe’s Rainbow Map for eight consecutive years. With an exemplary legal framework, ranging from marriage equality to legal gender recognition, and some pioneering measures, Malta stands as a trailblazer and a source of inspiration for its neighbours.
Nevertheless, despite this great work, true equality for LGBTI people has not yet been achieved. These recent events are a reminder that to bridge the gap between law and life, everyone must be part of the journey.
Our Advocacy Director, Katrin Hugendubel, is in Malta to participate in EuroPride. “Despite the country’s robust legal framework, the reality is that discrimination persists,” she says. “While legal protections are a vital ground for equality, they alone cannot ensure that LGBTI people are safe and fully included. Society, with all its complexities, must be brought along, especially in the face of rising anti-human rights forces in the country.”
While Malta has held the number one spot on ILGA-Europe’s Rainbow Map, benchmarking legal frameworks and protections for LGBTI people in European countries, gaps remain in Maltese legislation. The Maltese government is yet to put forward legislation that ensures full protection against discrimination outside employment against, amongst other grounds, sexual orientation, gender identity, gender expression and sex characteristics (SOGIESC).
According to Hugendubel: “It is equally relevant to look at the larger picture and remember that championing the rights of LGBTI people means to advocate for human rights in their entirety. This includes the human rights of migrants and reflecting on sexual and reproductive rights, including the rights to abortion. Moreover, Malta’s leadership in this regard, extends beyond the island, serving as an example for other countries.
“In meetings this week, commitments to present a proposal for the Equality Act were renewed, and Malta has done an extraordinary job in protecting LGBTI people. However, the true test is not just arriving at the top but sustaining this leadership, and translating the legal framework into the day to day life of everyone. Malta must stay vigilant in its commitments to ensure the protection of LGBTI people within its borders, but also as a guiding light for all EU countries and beyond.”
You can learn more about Malta in our Annual Review and Rainbow Map.
Lesbian couples and single women will be able to access IVF in Malta
The President of Malta, Marie Louise Coleiro Preca (pictured above) has signed the Embryo Protection (Amendment) Act.
As a result, same-sex couples and single women in Malta will be able to access IVF treatment domestically for the first time.
The legislation had already been passed on Tuesday in a parliamentary vote (34 in favour, 27 opposed) but it still required presidential assent before it could become legally enforceable.
Several amendments to the Embryo Act have been introduced, including opening up access to IVF treatment in Malta for same-sex couples and single women.
ILGA-Europe send our congratulations to the LGBTI individuals and families who have been hoping and waiting for this law to become a reality.
Speaking in April, health minister Chris Fearne emphasised the need for same-sex couples to be included within the remit of the proposed legislation, saying that the “government feels that denial of access on the grounds of sexual orientation is discriminatory”.
Local LGBTI activists expect that the commencement orders will be signed by the minister for health in the coming days, bringing the provisions into force.
As soon as the law is legally in force, Malta’s Rainbow Europe score will be updated.
- The law is available (in English) here.
- Prime Minister Joseph Muscat also shared a video message following the introduction of the law.
UPDATE: The law entered into force on 1 October 2018. You can visit Malta’s country section our the Rainbow Europe module and see its new score which is 94.
Meeting the challenge of accession
Surveys on sexual orientation discrimination in countries joining the European Union.
This report is a comparative summary of national reports written in ten countries (Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia, Slovenia and Romania). It highlights the violence and discrimination some people face because of their sexual orientation.
The data and statements collected show that discrimination on grounds of sexual orientation affects several areas of the life of lesbian, gay and bisexual (LGB) people. Discrimination exists in the family, in education, in the workplace, in the army, in health services, in housing and in the church. In order to end such discrimination and human rights abuses, the report puts forward some recommendations to the new member states and to the European Union institutions.
These recommendations concern changes in the law, policies and practices affecting LGB people in the accession countries. It aims at reinforcing the instruments dealing with discrimination in the EU and in the member states.
Equality for lesbians and gay men- a relevant issue in EU accession process
This report, from 2001, maps the legal and social situation of lesbians and gay men in 13 candidate countries to EU accession.
Three years after the publication of the “Equality Report” on the situation of lesbians and gay men in the EU Member States, ILGA-Europe has produced the current report, “Equality for Lesbians and Gay Men – A Relevant Issue in the EU Accession Process”, with a view to filling the information gap regarding the situation for lesbians and gay men in the candidate countries. The report was produced as part of the project “Lesbian and Gay People in Candidate Countries to EU Membership”.
All 13 accession countries are represented with individual reports: Bulgaria, the Czech Republic, Cyprus, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Romania, Slovakia, Slovenia, and Turkey. A further chapter presents the European Union’s legislation and policies that are relevant to the rights of lesbians and gays in the accession countries, policies which have developed very significantly in the recent past.