The year ahead in 2016: Equality

2015 will be remembered as a year in which Malta made significant strides in its equality legislation and policy. 

Parliament’s unanimous adoption of the Gender Identity, Gender Expression and Sex Characteristics Act is testament to how far we have come in terms of the recognition and respect of minorities. Indeed, we are no longer satisfied with meeting minimum international criteria (where they apply), and are instead taking the lead in developing the right framework to meet our needs. 

The protection afforded to trans, intersex and gender queer people through this particular law is world class and has been celebrated by LGBTIQ human rights organisations the world over. Additionally, the country’s relentless efforts in this field led us to take the top spot on the ILGA-Europe scoreboard in terms of LGBTIQ-friendly legislation and policy.

This year, Malta also ratified Protocol 12 of the European Convention on Human Rights. The Protocol will come into effect on 1 April, 2016. Its provisions will remove the current limitation on the application of the non-discrimination Article of the Convention, and will thus provide individuals much greater protection against any discrimination that may be perpetrated against them by a public authority. 

This year too, the government set up the Human Rights and Integration Directorate to conduct work in the fields of civil liberties, equality and anti-discrimination policies, as well as the integration of migrants. 

Additionally, on International Human Rights Day, the government launched two new bills that are meant to enhance the human rights and equality infrastructure of the country. The adoption of these bills would see the setting up of an independent and United Nations accredited human rights mechanism falling under Parliament – the Human Rights and Equality Commission. 

Additionally, the protection against discrimination will be extended to all spheres of life, including access to goods and services, education, medical care, housing and financial services to mention but a few. NGOs, trade unions and other organisations will be able to lodge complaints with the Commission to support individual victims of discrimination. They will also be able lodge a complaint of general concern or one that concerns a particular sector, minority or group of society, despite that they are not directly concerned. These new complaints mechanisms will surely help to increase civil society involvement in guaranteeing equality in our daily life.

Particular attention is being afforded to the issue of violence against women, which is a scourge on society as a whole. Various publicly sponsored campaigns are going on at the moment, and work is ongoing on the development of a bill that will ensure that Malta gives effect to all the legal requirements of the Istanbul Convention tackling violence against women and domestic violence. Additionally, as EU level reports indicate that as many as one in three women are victims of violence across the continent, Malta has already indicated to the relevant EU institutions that this issue will be highlighted during its Presidency in 2017.  

Along with the above, the government has presented a bill to criminalise so-called ‘conversion therapies’ against any sexual orientation, gender identity or gender expression, and is expected to present a bill to introduce a legal framework regulating cohabitation shortly.

All of this augurs well for a more equal 2016.