Opposition MP proposes Constitutional amendment on sexual orientation

Opposition MP Claudette Buttigieg has presented a Private Members' Bill which aims to amend the Constitution.

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 which 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..."

On the other hand, Article 45 of the Constitution protects against discrimination based on race, place of origin, political opinions, colour, creed and sex, The Opposition's proposal, in line with it's electoral proposal, will include sexual orientation in the article.

Speaking at a press conference in Parliament this afternoon, Buttigieg said the Bill went beyond changing the Constitution.

"It is useless changing a law if the mentality does not change," she said, adding that a change in mentality will only happen through educational campaigns promoting equality.

"We are calling for a change in the mentality and culture of the country," she said.

After presenting the bill to Speaker Anglu Farrugia, PN deputy leader for party affairs Mario de Marco explained that the Constitution "guaranteed the ultimate protection of citizen's rights," adding that he expected the Labour government to welcome the amendment, which would guarantee that no law could be discriminatory.

He added that the amendment would introduce immediate protection from discrimination on the groiund of sexual orientation and ensure that no law shall make any provision that is discriminatory.

De Marco said the amendment is expected to provide redress to victims of discrimination in other areas which do not at present include an obligation of equality on the grounds of sexual orientation, such as health, education, personal integrity and personal life.

The amendemnet would bring the local legislation in line with the protection contained in the European Convention for the Protection of Human Rights and Fundamental Freedoms and in the EU's Charter of Fundamental Rights.

Newly elected MP, Claudette Buttigieg stressed the importance of the bill, pointing out that legislation can make a huge difference in people's lives.

"Some persons live in constant fear and this not only effects their life but also of the persons around them," Buttigieg said.

The Opposition also noted that the amendment retains the State's discretion to legislate and regulate areas related to matters of personal law and thereby does not provide for same sex marriages.

"The regulation of this area of law is one that relies heavily on deep-rooted social and cultural connotations, and revolves around the right to marry which is to date not established to include a right to same sex marriages."

Buttigieg also said that despite the government had set up ta consultative council to draw up a civil union  law, she had not received an invitation to participate. She said the Opposition represents a large portion of society and is willing to participate in the council.

After all, Buttigieg added, the PN had initiated the process in the previous legislature by proposing a civil partnership and cohabitation act.

The Parliament's House Business Committee, set to meet next week, will decide when the Private Members' Bill will be discussed.