The Malta Gay Rights Movement (MGRM) has welcomed the publication by the EU’s Fundamental Rights Agency of a report on Homophobia and Discrimination on Grounds of Sexual Orientation in the EU Member States.

This report concluded that the legal framework in Malta is inadequate in addressing discrimination against the local gay, lesbian, bisexual and transgender (LGBT) community.

In particular, the lack of recognition by the state of civil marriages and registered partnerships contracted by same-sex couples abroad often results in obstacles for these couples to enjoy their rights to free movement, and also has negative repercussions in asylum law, said MGRM.

The denial of the existence and legitimacy of these relationships is not only the cause of undue stress many couples have to experience, but also constitutes direct discrimination when compared to heterosexual relationships which are legally recognised, it said.

Another important conclusion of this report relates to the rights of transgender individuals to have their documents changed to reflect their new gender and to marry a person of the opposite sex.

MGRM said it noted that very recently, the Maltese courts manifestly failed to follow the case-law of the European Court of Human Rights on the issue, and urged Parliament to immediately legislate to clarify the issue. “It would indeed be regrettable, not to mention embarrassing for the country, should the issue have to be resolved by the court in Strasbourg rather than internally by Parliament,” said MGRM.

The report also urges the EU to extend protection against discrimination to all areas of life, such as access to public goods and services, housing and social benefits, rather than restrict it to the labour market as is currently the case.

In this respect, MGRM renewed its call on the Maltese government to actively support a directive to this effect that will soon be proposed by the European Commission, and reminded the Nationalist Party in government of its pre-electoral pledge to the LGBT community that it would support such an initiative.

MGRM called on Maltese political leaders to commit themselves and take the necessary action to ensure that gay, lesbian, bisexual and transgender individuals are no longer discriminated against because of their sexual orientation or gender identity or expression. In a free and democratic EU member state, each individual should be able to enjoy his or her right to fairness and equality without fear of harassment or intimidation.