The legal frameworks and policies towards the LGBTIQ community in Malta and Poland

Abstract

LGBTIQ persons are present in all Council of Europe Member States. Having been prone to stigmatisation and homophobia, combatting discrimination based on sexual orientation has been one of the main crucial aspects of the policies and legal frameworks that have been shaped throughout the years. The label LGBTIQ has been used as a self – designatory cluster to denote the group concerned in various political and human rights discourse. In this dissertation, this collective designation being referred to is merely used as an umbrella term. However one could also note, that many who are considered to fall under this category may individually not feel the need to identify themselves under this designation, with some also arguing that human rights issues pertaining to lesbian, gay, bisexual, transgender, intersex and queer persons are significantly different for each subgroup concerned. In the 1940s, lesbian and gay persons in Europe started to meet collectively in groups and set up organisations to represent them, even at a time when homosexuality was still considered to be a criminal offence. In the following decades to come such groups and organisations were gradually established in many member states in Western Europe along with other prominent social movements throughout the 60s and 70s. The International Lesbian and Gay Association was founded around this time, with its European regional section (ILGA – Europe) officially set up in 1996. A critical factor is to ensure that anti-discrimination laws are in place, meaning that activists through time have campaigned to ensure that they are included in such antidiscrimination laws based on sexual orientation. This dissertation will shed light on Malta’s behaviour and political manoeuvres on LGBTIQ rights issues, and how they have shaped policies and legislation to become the EU member state who has achieved the highest standards when it comes to areas of equality which undoubtedly put LGBTIQ persons in the picture. These legal frameworks and policies will be mirrored alongside Poland which has received a hefty amount of criticism from the European Community over their handling of the issues being put forward to them by the LGBTIQ community and activists alike. One of the research questions “Poland has LGBT protection laws in place, but in practice, how far are these laws being observed and enforced, and how can this be compared to Malta?” will identify how certain laws have been amended and how there still seems to be a certain element of resistance in terms of LGBTIQ rights when it comes to areas of observation and enforcement. The major findings are that in comparison to Malta; Poland despite making improvements towards their legislation, it seems that some legal grey areas are still present when considering that LGBTIQ persons still struggle to receive recognition or legal impetus to benefit from redundancies or insurance benefits like heterosexual couples currently do. The research will present the controversies that have arisen from these doings and the political reaction being sparked by the international community.