Cross-party agreement on safeguarding LGBTI rights

The government and opposition today agreed on the need to introduce Constitutional amendments to protect persons from discrimination on the grounds of sexual orientation and gender identity.

Addressing Parliament this evening, the Nationalist Party deputy leader said that the difference will not be made through Constitutional amendments, "but change will happen when society eliminates prejudice against diversity," adding that in order to overcome this steep challenge, politicians and Parliament should lead by example and drive home the message that discrimination is unacceptable.

Opposition MP Claudette Buttigieg who tabled the private members bill proposing Constitutional changes explained that introducing amendments to the Constitution was only the first step towards protecting individuals against sexual discrimination.

However, a wider change in mentality and culture is needed, Buttigieg said, adding that the appropriate enforcement mechanisms were necessary.

Earlier this year, the Opposition MP presented a private member's bill to amend the Constitution and enforce the protection against discrimination based on sexual orientation. However, civil liberties minister Helena Dalli said that as was the government's original intention, she would be moving an amendment to include gender identity to the Constitution's safeguards.

Article 45 of the Constitution protects against discrimination based on beliefs, race, colour and sex among others and the PN is insisting that sexual orientation should be included in the Constitution.

Buttigieg stressed that the "gay marriage" bill wasn't enough, since it only regularised the realtionship between two persons.

She added that the proposed Constitutional amendmentwent further because it safeguarded everyone's human rights.

The MP also called for unity within Parliament and beyond, saying that there should be no differences over legislating and safeguarding human rights.

"Let's avoid political bickering over such matters which do not benefit the people or Parliament. People out there have high expectations and we should deliver," Buttigieg said.

Following Buttigieg's address, civil rights minister Helena Dalli announced that at committee stage, the government would be moving an amendment to the Opposition MP's private members bill to include gender identity to the Constitution.  

She said that the government's amendment stemmed from the fact that gender identity was considered to be a "different concept" from sexuality.

"Categorising gender identity under sexual orientation is not accurate and therefore it is important to make a distinction and introduce the amendment," Dalli said, citing a number of Council of Europe reports.  

"We are not moving this amendment to score points, but it has been proven that there is a clear distinction between the two based on scientific and social factors," she added.

She also noted that the government had taken the Opposition's proposal on board and discussed it with Law Commissioner and Constitutional Reform coordinator Franco Debono.

While taking a dig at the previous administration's inertia in introducing legisdlation to protect LGBT persons, the minister also noted that the Labour government had intended to move a proposal to introduce Constitutional protection based on sexual orientation and gender identity.

PN deputy leader said he was marvelled by attempts to create disagreement where complete agreement existed and accused minister Dalli of trying to take merit where it was far more important to approve the bill.

"We are not here to score points, we have moved the bill because we believe that it is the right thing to do."

Noting that the bill showed that all MPs could make a significant contribution, he added that the bill was tabled in order to update the most important chapter in Malta's most important institution, the Constitution.

De Marco said that safeguarding human rights should be a "hallmark" for Parliament and underlined that "we are all born equal."

However, de Marco said that wealth, education, relationships, beliefs and other factors create divisions between persons, "because at times humans become too opinionated and start making distinctions. However, we are all human and we are all born equal. We should not only be equal in legal terms but also socially."

Highlighting the EU's 'unity in diversity' adage, he added that humans reach their peak in diversity.