Call for protection against sexual orientation discrimination

The Malta Gay Rights Movement said the bill on Employment and Industrial Relations did not offer adequate protection from sexual orientation discrimination and harassment at the workplace.

Directive number 78/2000/EC of the European Union, which deals with discrimination in employment and occupation, requires national legislation to make provision to the effect that gay men and lesbians who are discriminated against or harassed at the workplace are granted a legal remedy.

"The Maltese government is bound to implement this directive prior to Malta's accession to the EU. The above came out clearly during a seminar organised by the Technical Assistance Information Exchange Office (TAIEX) within the European Commission's Directorate-General for Enlargement, which was held on July 10 and 11 in Brussels," it said.

The seminar was attended by a delegation from MGRM headed by its international secretary Christian Attard, as well as a government representative.

One of the major shortcomings of the bill is that in the definition of "discriminatory treatment" no express mention is made of sexual orientation as a ground of discrimination. Such discrimination is covered indirectly through the use of the phrase "any distinction, exclusion or restriction which is not justifiable in a democratic society".

MGRM is insisting on sexual orientation being mentioned expressly in the definition of "discriminatory treatment" contained in the bill so as to send a clear and unequivocal message that sexual orientation discrimination is unacceptable and intolerable.

"Like all other taxpaying citizens, gay men and lesbians should be able to earn a living and give their contribution to society with the peace of mind of knowing that their rights are safeguarded. The right not to be discriminated against is a fundamental human right that in the case of gay men and lesbians, owing to the fact that they are more prone to become victims of discrimination, needs to be expressly recognised and safeguarded."