Constitutional amendments against discrimination ‘require society’s efforts’

Fighting discrimination suffered by LGBTI persons has brought the House of Representatives together in supporting amendments to the Constitution.

The amendments were proposed by Nationalist MP Claudette Buttigieg, after presenting a Private Members' Bill. The amendments require the support of two-thirds of parliament to pass, but the Bill has the support of the full House of Representatives.

The Bill calls for the words "sexual orientation" to be added to Article 32 and 45 of the Constitution, which list the fundamental rights and freedoms of individuals that are protected by the state.

The proposed amendment would see Article 32 read: "Whereas every person in Malta is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever his race, place of origin, political opinions, colour, creed, sex or sexual orientation, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following..."

Article 45 of the Constitution, which protects against discrimination based on race, place of origin, political opinions, colour, creed and sex would now include sexual orientation in the article.

During their interventions, MPs from both sides of the House said that while the Bill would strengthen the fight against discrimination, yet the ultimate result could only be achieved if society at large were to stop discriminating.

National surveys have shown that LGBTI persons in Malta suffer discrimination because of their sexual orientation or gender identity - discrimination which is faced not only at work or at school but also in places such as entertainment establishments. More worrisome is that many victims of discrimination would not even feel the need to report such discrimination because they believe it would be "useless".

"As politicians we have the responsibility to take concrete measures, whether legislative or not, to improve their life. It's this belief that has guided the Opposition in putting forward an amendment which defends an individual's fundamental right," PN MP Paula Mifsud Bonnici said.

Mifsud Bonnici said that while citizens were "maturing" on the subject, the politicians' role remained one of educating society to be more aware of what discrimination translate to and to be more inclusive.

"This Bill is not for one party or another to take merit or score political points. It is about placing every individual on an equal footing. Diversity must never be perceived as a threat to society, but a tool by which we fight prejudices," she said.

But like any other law which tackles individuals, no legislative change would be a success if it's not coupled with a change in mentality.

Backbencher Deborah Schembri insisted that "a change in culture" was required.

"At the end of the day, members of the LGBTI community are not asking to be treated specially but for rights which are already enjoyed by heterosexual persons," she said.

Schembri also suggested that babies born with an intersex condition should not face an operation when they are still newborns, but should be allowed to take the decision for themselves when they grow up.

She argued that medical professionals usually opted to give the newborn a female identity because the operation "would be less tedious".

Further interventions were made by MPs Charlo Bonnici, Censu Galea and government whip Carmelo Abela.

Concluding the debate, Buttigieg said that she felt proud that both sides had endorsed the Bill, whose strength laid in the amendments to the Constitution.

"The real work however starts now. Because after the amendments and the laws comes the work to move forward. And there is the will from both sides to do so," she said.