Last updated: 10/12/2020
Constitutional Provisions
Malta introduced amendments to its Constitution to include anti-discrimination provisions for the grounds of sexual orientation
and gender identity through ACT No. X of 2014 under the chapter on Fundamental Rights and Freedoms of the Individual, (Chapter IV, Article 32).
Other Provisions
Article 13 of the Gender Identity, Gender Expression and Sex Characteristics Act (
ACT XI of 2015) include anti-discrimination and promotion of equality provisions. These place an obligation on the public service to ensure that unlawful sexual orientation, gender identity, gender expression and sex characteristics discrimination and harassment are eliminated, It also stipulates that services must promote equality of opportunity to all, irrespective of sexual orientation, gender identity, gender expression and sex characteristics.
Non-discrimination provisions in the field of employment on the grounds of sexual orientation, gender identity, gender expression and sex characteristics where introduced over a number of years through different pieces of legislation. They cover direct and indirect discrimination, harassment and victimisation. They include:
This provides for
protection against discrimination on the grounds of sexual orientation and
gender identity.
Subsidiary
legislation transposed the EU’s Employment Framework Directive (Council Directive 2000/78/EC) into Maltese
law and changes to the Equality for Men and Women Act also extended the remit
of the National Commission for the Promotion of Equality to cover sexual
orientation, gender identity, gender expression and sex characteristics.
Discrimination cases
in employment can be brought before the Industrial Tribunal or before the Civil
Court. The National Commission for the Promotion of Equality can also
investigate and mediate in discrimination cases that fall within its remit.
Education
Anti-discrimination provisions on the grounds of sexual orientation, gender identity, gender expression and sex characteristics in the field of education are governed by
Article 8 of the Equality between Men and Women Act (CAP 456). This bans discrimination: in access to education; in the provision of support to students; in the curriculum and textbooks and in assessments.
The
Teachers (Code of Ethics and Practice) Regulations (S.L. 327.02) states that members of the teaching profession should demonstrate respect for diversity, maintain fairness and promote equality including on the ground of sexual orientation and that they should contribute to the creation of a fair and inclusive school environment by addressing discrimination, stereotyping and bullying.
The Ministry for Education also adopted the Respect for All Framework which embraces a whole school approach philosophy. This approach is defined as a unified collective and collaborative action in and by educators, administrators, parents and students that has been strategically constituted to improve student learning behaviour and wellbeing and the conditions that support these.
The Respect for All Framework is being developed as a living document providing a planned and systematic way of how schools are to develop an environment that ensures that all students have the opportunity to obtain the necessary skills, attitudes and values to be active citizens and to succeed at work and in society (
Framework for the Education Strategy for Malta 2014-2024). It highlights what can be done and why, it acknowledges the school culture and the school climate without it being constraining and prescriptive.
Foster a school environment that is inclusive, safe and free from harassment and discrimination for all members of the school community, students and adults, regardless of sex, sexual orientation, gender identity, gender expression and/or sex characteristics.
Promote the learning of human diversity that is inclusive of trans, gender variant and intersex students, thus promoting social awareness, acceptance and respect.
Ensure a school climate that is physically, emotionally and intellectually safe for all students to further their successful learning development and well-being, including that of trans, gender variant and intersex persons.
Health
Conversion Practices
In 2016 Malta banned conversion practices through the Affirmation of Sexual Orientation, Gender Identity and Gender Expression Act (
ACT LV of 2016). This affirms that all persons have a sexual orientation, a gender identity and a gender expression, and that no particular combination of these three characteristics constitutes a disorder, disease, illness, deficiency, disability and, or shortcoming; and to prohibit conversion practices as a deceptive and harmful act or interventions against a person’s sexual orientation, gender identity and, or gender expression.
Trans Healthcare
In February of 2018, A legal notice introduced ‘gender identity and sex characteristics
related conditions’ in the entitlement schedule relative to the National Health
Service (NHS) (LN 44 of 2018).
A consultation to ensure the best healthcare services
on these grounds was subsequently launched and the policy document on
Transgender Healthcare adopted.
The Gender Wellbeing Clinic became operational in November 2018 providing services through a multi-disciplinary team to trans and gender variant individuals. Referrals to the Gender Wellbeing Clinic can be made through a GP, psychologist or social worker.
A website on trans health care aimed at health-care providers has been developed in a way that can also be used by persons who are not familiar with medical terms. You can access the website providing more information on trans-specific healthcare here.
Mental Health
The Mental Health Act (CAP 525) affirms the rights of mental healthcare users and bans discrimination on the ground of sexual orientation.
Blood Donation
Following a risk assessment conducted by the National Blood Transfusion Service in 2018, which took into account the introduction of Nucleic Acid Testing (NAT) in 2019 as well as the current HIV infection rate among MSM’s, a shift in policy from a lifetime deferral to a one year deferral for MSM’s was introduced. The deferral period will be re-evaluated periodically.
Mandate of Equality Body
The National Commission for the Promotion of Equality set up by virtue of
Act I of 2003 had its remit relating to the spheres of employment, banks and financial institutions, as well as education as well as freedom of movement of EU workers extended to include the grounds of Sexual Orientation and Gender Identity through
Act IX of 2012, and the grounds of Gender Expression and Sex Characteristics through
Act XI of 2015.
National Action Plan
The first
LGBTIQ Action Plan 2015 – 2017 was launched in July 2015 and was the first of its kind for Malta. The Action Plan was formulated by the LGBTIQ Consultative Council in partnership with the then Ministry for Social Dialogue, Consumer Affairs and Civil Liberties and following consultation with various Ministries.
The
LGBTIQ Strategy & Action Plan 2018-2022 was launched in September 2018 by the Ministry for European Affairs and Equality. It includes over 50 measures aimed at guaranteeing substantive equality for LGBTIQ persons in practice.
This LGBTIQ
Strategy & Action Plan 2018-2022 was
formulated by the then Human Rights and Integration Directorate (HRID) in close
partnership with the LGBTIQ Consultative Council. It was subsequently discussed
and adopted by Cabinet and is being implemented by the respective entities
within the government, under the supervision of the SOGIGESC Unit as indicated
in the Action Plan. Follow up reports have been published annually: