On this page, you will find:
Legal Framework
Malta’s Constitution recognizes same-sex sexual acts, marriage and the rights of transgender people in a number of capacities. Enshrined are protections for privacy, fundamental rights and freedoms, freedom of expression, and protection from discrimination. In particular, Article 45 and several of its sub-articles state that no person shall be treated in a discriminatory manner by any person acting by virtue of any written law or in the performance of the functions of any public office or public authority. Discriminatory, in Article 45, means affording differential treatment based on respective descriptions of race, place of origin, political opinions, colour, creed or sex.
Same-sex marriage has been legal in Malta since September 2017, with only one lawmaker out of 67 in the Maltese Parliament voting against the new legislation called the Marriage Act and other Laws. Additionally, the Parliament of Malta of Act XVII of 2004, contributed to the addition of a procedure that rectified acts of birth and other personal documentation to reflect gender reassignment for transgender people. Transgender people are also protected under the Constitution’s right to respect for private life. Furthermore, the implementation of the employment directive, incorporated into Maltese Law through Legal Notice 461 of 2004, covered all direct and indirect discrimination and harassment related to employment training and discrimination on the basis of sexual orientation.
Every year, the NGO ILGA-Europe produces what’s called a “Rainbow Index” which compares the rights of LGBTQI+ individuals across European nations. Out of the 49 countries in the 2018 study, Malta finished in first place as one of Europe’s most progressive countries on gay and transgender rights. Then again, in 2023, Malta finished first again, ranked at an 89% of rights respected for the LGBTQI+ community.
In 2019, the OHCHR released a report which examined the impact of the 2015 legislation titled Gender Identity, Gender Expression and Sex Characteristics Act (540) which, at the date of publication, had already benefitted 110 persons, including 2 minors. It also looked at the efforts which spanned from April 2013 to 2019 that addressed inequalities in legislation and policy affecting LGBTQI+ persons in Malta, some of which included the Gender Based Violence and Domestic Violence Act and the Affirmation of Sexual Orientation, Gender Identity, and Gender Expression Act.
For more detailed information on the protection of LGBTQI+ rights in Malta, visit the Malta ILGA World Database.
Treatment by authorities
Malta is a deeply Catholic country, one which is heavily influenced by the Roman Catholic Church; however, since the accession to the European Union in 2004 and the divorce referendum in 2011, the public began to distance themselves from the church and political elite. Then, in 2013, Malta’s Labour Party won the general elections and Prime Minister Joseph Muscat showed the political will to adopt a progressive human rights agenda for LGBTQI+ advocates. In 2014, Archbiship Charles Scicluna publicly supported the same-sex civil union legislation, acknowledging that it reinforced the dignity of same-sex couples in Malta.
As such, authorities, for the large part, are both accepting and protective over the rights and fundamental freedoms of LGBTQI+ people in Malta. Furthermore, as aforementioned national legal provisions are, in fact, in place to protect the community from discrimination and harassment, even by public authorities.
Public opinion
Not only does Malta have some of the most robust legal protections for LGBTQI+ people in Europe, but it also ranks rather low in the existence of public discrimination based on sexual orientation or gender identity. However, public opinion is admittedly less impressive than the policies and litigation which protect the community — Malta consistently ranks in the middle-ground of public opinion on perceived prevalence of discrimination against transgender people or against sexual orientation and same-sex relationships.
However, early reports (2008) found through the provision of national government surveys that social acceptance and attitude toward homosexuality was high — Malta ranked as an 8.4 out of 10 (10 being very comfortable with having a gay neighbor). So, it was stated that while the general attitude is not one of universal acceptance, there is nonetheless a clear developing visibility of LGBTQI+ rights in Malta.
LGBTQI+ refugees
Maltese law provides for the granting of asylum or refugee status to persons in accordance with the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol. And, according to Article 18(d)(iii) of Legal Notice 243 of 3 October 2008, “a particular social group might include a group based on a common characteristic or sexual orientation.”
We have not found any relevant case law at this time but we welcome suggestions. If you have any suggestions, please get in touch.
Organisations supporting LGBTQI+ individuals
We are not currently aware of any organisations working with LGBTQI+ persons in Malta, but we welcome suggestions. If you have any suggestions, please get in touch.
Country of Origin experts in LGBTQI+ rights
We do not currently have any specialists on LGBTQI+ issues in Malta, but we welcome suggestions. If you have any suggestions, please contact us.
Malta Legal Assistance
Find organisations providing legal assistance to refugees in Malta.
Malta COI
Find Malta Country of Origin information (COI) experts, reports, commentaries, and relevant documents.
We are always looking to expand the resources on our platform. If you know about relevant resources, or you are aware of organisations and/or individuals to include in our directories, please get in touch.
Last updated May 2023
