The Rights of LGBTQ+ Individuals: A Deeper Look Into Maltese Equality Laws.

in lgbt •  7 years ago  (edited)

The LGBTQ+ Community

There is a reason why I say I am part of the LGBTQ+ community. People ask me, why don't I just say that I'm gay? Well, there is a difference. Yes, I am gay, and I own it. Frankly, it is barely relevant to my identity, unlike 6 years ago, when I had just come out. So, the question remains: Why do I choose to specify that I am part of the LGBTQ+ community?

The LGBTQ+ community is made up of people who are marginalised for their sexual orientation or gender identity. In fact, instead of LGBTQ+, some people refer to MOGII, which stands for Marginalised Orientations, Gender Identities, and Intersex. There is no major difference between these two terms (except that MOGII is barely known, even within the LGBTQ+ community itself). The focus is somewhat different. Rather than focusing on clustering several groups together, we acknowledge that we come together, as we are all marginalised.

LGBTQ+ Rights

Before speaking about the Maltese context (which is where I live and where I know most about), it is necessary to speak about LGBTQ+ rights. This will not be an exhaustive list. What most people think is that these rights are simply along the lines of same-sex marriage. This is far from the truth. One of the most important rights is to be free from discrimination and harassment. In many countries, there are laws of religious freedom which allow a business to deny services to people who are LGBTQ+. Furthermore, even where discrimination and harassment are illegal, these acts still occur daily.

Even though there are many people who fall into the LGBTQ+ category, most of us ignore rights that pertain to specific sub-groups. For instance, as a gay man, I could be selfish and only fight for same-sex rights (e.g. marriage, adoption, anti-discrimination) and stop once I am satisfied. However, we must not forget that there are plenty of people still marginalised, both within our communities and in other cultures. One of the rights that are usually overlooked are those of intersex individuals. Intersex people are born with different sex characteristics (primary or secondary) than the general population. Although a lot of times these abnormal characteristics appear in puberty or later in life (e.g. because of different chromosones), sometimes these characteristics are observable at birth or early childhood. It is important to point out that intersex people are people like everyone else, and being born intersex is NOT something to be looked down upon. However, there is a major problem that they deal with. Sometimes, parents or doctors will desire the child grow up into a specific gender, and therefore, will operate on the child before they are able to give consent. Enforcing gender on children can be traumatic; adding to these unwanted surgeries can increase the harm that is done on these children. Therefore, as some countries have implemented, in the case of intersex individuals, the doctors or parents do not have a right to determine the gender of the child.

The Rainbow Map

Each year, ILGA-Europe presents the Rainbow Map, highlighting which countries have the most policies in favour of equality, as well as those who are in a gross violation of the human rights. The index of the European countries is calculated on many measures (click here for the details), on the basis of sexual orientation, gender identity and intersex. As I am unsure of the copyright policies of the site, I will not be including the map or images from the site itself. However, the chart and map show that some countries are high on the scale of equality (Malta is the highest at 91%) whereas other countries are as low as 4.7% (Azerbaijan). It is worth noting that only Malta scores above 80%. In fact, the second country on the rainbow map is Norway, with a score of 78%. What this means is that, even though most of us have plenty of rights and may live comfortably, there are others that might be suffering from lack of rights that we are unaware of.

Malta's Conservative Background

As you have just read, Malta is the most LGBTQ+ friendly country in Europe. However, it is important to point out that Malta remains to be a religious country, with a predominantly Catholic population. Malta was one of the last countries to adopt a divorce law (which is yet rigid and conservative) as well as denying discussion on abortion laws. I know, I know, these laws are not related to LGBTQ+ rights directly. The point I am trying to make is that the Maltese population tends to be rather conservative and not as liberal as other countries. Why is this important to point out? There is a lack of education in the world. Malta has seen that LGBTQ+ rights are not a harm to the Christian religion, and they go hand-in-hand. Sure, you cannot have a same-sex wedding in a church, but, you are pretty much tolerated and accepted. The Maltese Christians realise that denying the rights to others is nonsense, even if it does not line up with their beliefs. Of course, this does not reflect every person in Malta, but the majority tolerate the LGBTQ+ community and do not heavily resist the introduction of these laws. It was only recently that Malta has surged in its equality policies. The first Civil Union Act, which allowed for same-sex couples to be in civil relationships (what a weird term), was only enacted in 2014. This act included same-sex adoption as part of its law. In 2017, this was followed by a Marriage Act.

Gender Identity, Gender Expression and Sex Characteristics Act

Apart from same-sex laws, Malta is known for its Gender Identity, Gender Expression and Sex Characteristics Act, which was approved in 2015. This law has been hailed by LGBTQ+ communities worldwide. I will mention some of the key features of this law. Firstly, one can change their name and gender in the official documents with ease. There are no heavy requirements and proof of hormone therapy, surgical procedures, age restrictions or anything of that sort. It recognises that everyone has a right to express their gender and be treated and identified accordingly. This is a huge step, for two reasons:
1. Not every trans* person seeks surgery,
2. Those who seek surgery/therapy, may not have the finances to do so.

This act also includes the prohibition of medical or surgical intervention on the sex characteristics of a minor, if these can be deferred until the individual can give his consent. In certain cases where a surgery might be required before the minor gains consent, an interdisciplinary team have to be consulted and they may rule out an exception. As you can see, this law is made for the best interest of the individual and to safeguard their rights, without adding any physical or psychological risks.

In September 2017, the Maltese Government has introduced the recognition of a neutral gender on identification documents (including passport). Instead of Male or Female, one can choose that his gender is marked as X. This is another great initiative towards equailty, and brings awareness to the existence that gender is not binary. In fact, not every trans* person wants to express themself as completely male or completely female. Gender is not constant and it is a spectrum, and plenty of people express themselves in anon-binary gender.

The Final Message

I would like to invite you to ask further questions, either in the comments or elsewhere, as this is the way where we can all learn. The details I have provided in this post may not be 100% accurate, as I am still learning and educating myself. It is okay to not know everything, but the message I want to send out is that do your best to educate yourself. Support others, even if it may not affect you directly. If you are living in one of the countries where you think equality has been achieved: you're wrong. There is always room to fight for more rights, for others who may be more marginalised than you. As I have said, feel free to ask anything here, I would like to have open-discussions with those who are new to certain information. We will fight ignorance with education. As Malta's case shows, you do not need to abandon religious beliefs to accept the LGBTQ+ community.

Open your hearts, open your minds, and share the love!


Every picture used is available for commercial use from Pixabay. Unless cited, what I wrote is my own general knowledge. Throughout the years, I have followed several LGBTQ+ news sites, as well informed myself for a couple of university projects. The information here is not exhaustive and may be inaccurate. I apologise if any parts of the discussion may seem insensitive. If you have any queries or you want to share anything related to this post, feel free to leave a comment, or message me on discord: poetrybyjeremy#2784.

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Wow i learnt so much from this post! Great Job!

Yay!! Even just this comment makes it worth to have put the time to write this article :)

Very educational. Thank you for sharing your knowledge and insight. It’s so important to spread awareness about this topic from around the world. I love how you emphasized the fact that no one country has achieved full equality yet and there is always more rights we can fight for even if they don’t directly affect us as individuals.

Thank you for the comment! Most people will not realise about these lacking rights, so it is definitely important to raise awareness. I know much acceptance and education can help (from personal experience), so I have to pay it forward and continue raising awareness for those who are still struggling.

✊🏿✊🏾✊🏽

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Fantastic post, thank you for your insight and for contributing towards further understanding of lgbt issues.

It's my pleasure to do so :)

It's great to hear another perspective from another corner of the globe! Thanks for sharing the progressive work that's been done in Malta, and letting us know about it!

And you're right... I've never heard of MOGII before!

Thank you for the comment! Never knew my article could actually help people get informed or learn new things - it makes me so happy and fulfilled :D

Fantastic post!