News • 13 July 2003

Verheugen confirms sexual orientation not covered in new employment law

Matthew Vella

A letter from Enlargement Commissioner Guenter Verheugen has confirmed that Malta’s Employment and Industrial Relations Act does not fully comply with the Equal Treatment directive in employment and occupation.

Answering to a parliamentary question by British MEP Michael Cashman, a gay MEP for the European Socialist grouping, Verheugen has confirmed that "Malta… did not fully transpose the Directive on equal treatment… gaps remain concerning the coverage of all grounds of discrimination (age, sexual orientation), burden of proof and the definition of direct and indirect discrimination."

Verheugen’s letter to Cashman also states that there is a "clear need" in Malta to reinforce the legal framework in order to fully transpose the requirements of the anti-discrimination acquis.

The Ministry for Social Policy strongly maintains the equal treatment of persons on the workplace has been catered for in the new law regulating industrial and employment relations.

"In the same manner, discrimination was tackled and addressed through the Gender Equality legislation enacted earlier this year. The provisions with respect to sexual orientation have also been met under various laws, including EIRA and the Constitution," the ministry said.

The campaign to include sexual orientation as grounds for discrimination within the EIRA has been a focal point of the Malta Gay Rights Movement’s activities since the drafting of the Act in 2001.

Consultation talks between the Social Policy Ministry and the MGRM last year did not yield the lobby’s wishes, which is currently celebrating its second year of activity.

Last week, the Ministry told MaltaToday that it had "on numerous occasions" stated its position that the provisions of the Equal Treatment directive had been met by various laws and the Constitution, and the issue would also be discussed with the European Commission during the next monitoring meeting.

International secretary Christian Attard says MGRM will continue in its efforts to ensure a full implementation of the directive, "specially in the light of very clear and categorical statements from the Commission that Maltese law falls short of the directive."

Attard maintains: "Odile Quintin, head of the Commission’s directorate-general for employment and social affairs clearly reiterated this during her visit to Malta in May."

matthew@maltamag.com