Restaurants, shops to be banned from rejecting same-sex couples, minorities

Updated 8.10pm

Restaurants, bars, banks, insurance companies and other shops could soon be legally barred from turning away same-sex couples, people with disabilities and people belonging to any minority.

This is one of several changes included in a new law that aims to change the constitution to reduce discrimination against minorities.

The bill, which was among Labour's first 100-days pledges, is spearheaded by Equality and Civil Rights Minister Rosianne Cutajar and will establish a modern, powerful watchdog to tackle discrimination and human rights violations.

Speaking in parliament during the second reading of the bill on Tuesday, Cutajar said the law will establish the "first-ever National Commission for Human Rights and Equality (NCHRE)".

The new commission will replace the National Commission for the Promotion of Equality (NCPE).

"Establishments such as restaurants and bars cannot refuse same-sex couples or people with disabilities - something that, until now, was not clearly written into the law. This will also apply to banks and insurance companies," she said.

"Anyone who is a victim of discrimination will have the right to take their case to the civil courts to be awarded compensation for financial and moral damages. Financial damages can be claimed in every case. The victim should not have to suffer in any way."

'No public consultation' - PN

The opposition is in favour of the bill in principle, but insisted that it was done in a way that discriminated against the people who it is meant to protect from discrimination, as it was tabled in parliament with no prior public consultation.

"A democratic country is not measured by how many institutions it creates, but by a government that makes decisions with those involved, even with those who criticise it," Opposition leader Alex Borg said.

PN MP Graziella Attard Previ also said the new law should not use minorities as tokens and raised concerns that the commission will not be truly independent, and not government-appointed.

Under the proposed law, victims of discrimination will have the right to take their cases to the civil courts to claim both financial and moral damages.

The bill covers discrimination in key sectors like employment, education, advertising, and access to goods and services. It protects individuals from discrimination based on sex and gender identity, sexual orientation, age, disability, race, ethnicity, or country of origin, health status, family responsibilities.

Outlawing "double" discrimination and online abuse

The bill introduces the concept of intersectional discrimination, which is when a person is targeted for multiple reasons at once, such as an elderly person who also has a disability, or a woman of colour.

The law also makes it illegal to order someone else to discriminate, making the person giving the order just as legally responsible as the person who carries it out.

It also outlaws harassment, including online abuse and offensive behaviour on electronic systems.

For the first time, Malta will also incorporate Article 1 of the Twelfth Protocol to the European Convention on Human Rights (ECHR) into its national laws, which creates a general ban on discrimination by public authorities.

How the commission will work

The newly created commission will consist of ten members: a commissioner and nine board members, who will serve five-year terms. 

The commissioner will be able to investigate complaints from victims or NGOs, but can also launch investigations on their own initiative if they suspect human rights violations are taking place.

The commissioner will have the legal power to summon anyone to testify or hand over evidence. Anyone who refuses to cooperate or ignores the commissioner's final decision can face a fine of up to €1,000, three months in prison, or both.

The law also pledges that the commission's board will maintain a strict 50-50 gender balance between men and women.  

'A government-controlled commission' - PN

The government has said the commissioner is to be appointed by a two-thirds parliamentary majority, while the remaining nine board members will be appointed by the commissioner following a public call.

But opposition leader Alex Borg said the government must not circumvent that clause through an anti-deadlock mechanism in case the two parties fail to agree on a candidate.

Instead he suggested that transparent appointments should involve truly independent officials like the Ombudsman, the Auditor General, and the Standards Commissioner.

He also accused the government of trying to retain political control over the commission by tabling a law that creates an institution that is independent only on paper.

Borg said the PN supports the core principle of creating the body to align with the international Paris Principles. However, he strongly criticised the lack of structured public consultation or a white paper, arguing that the government had excluded civil society, NGOs, and independent experts from the process.

He also raised concerns over the watchdog's actual independence, arguing that its credibility depends on its power to scrutinise those in government.

The prime minister must not hold the power to veto or block investigations into sensitive matters like migration, detention, or law enforcement, he said.

The PN wants an institution citizens can trust to defend them against state abuse, rather than a mere PR exercise to tick boxes for Brussels or the United Nations, he added.

Borg said the Opposition will propose amendments to secure the body's independence, grant it real investigative powers, and force public authorities to legally respond to its findings within a set timeframe.