Discrimination on the basis of sexual orientation due to the non-recognition of same-sex relationships : selected case studies drawn from the Maltese legislative experience

Abstract

The main aim of this thesis is to examine the discrimination on the basis of sexual orientation in Malta due to the non-recognition of same-sex relationships. In introducing this study, a small number of definitions and distinctions were provided in order for the content of the following chapters to be comprehensible. The issue of equality and discrimination with regard to sexual orientation and the extent to which protection is provided is then analysed by referring to several international instruments of human rights to which Malta is a signatory. Since its accession in the European Union, Malta also had to respect as well as in certain instances, abide by, European legislation and directives in this respect. After examining the extensive development of the European Union and providing the current stance of other European Union Member States regarding recognition of same-sex relationships, the focus will shift on Maltese legislation. The provisions of the Constitution of Malta dealing with fundamental rights and freedoms in addition to provisions from other Substantive legislation do provide for non-discrimination irrespective of an individuals' sexual orientation. Nevertheless these do not provide protection and grant rights in respect of same-sex couples, whether registered or not. Subsequently a number of excerpts from Maltese legislation which discriminate against same-sex couples due to the non-recognition of their relationship are observed. In addition to including a brief summary of all the study, the conclusion aims at applauding the developments already undertaken by Malta in some aspects and at encouraging more progress as a way forward.