Category: Learn

A Guide on Hate Speech and Hate Crime

September 4, 2023
by General Mgrm
A guide on hate speech and hate crime
Quick Guide
Addressing Hate Guide

Don’t accept hate.

No one has the right to abuse you for who you are. Everyone has a right to be respected and to express themselves free from abuse.

Quick links

What is hate speech?

Hate speech, also known as bias motivated speech, is written, printed or verbal speech that uses threatening, abusive or insulting language, with the intent to stir up violence or hatred with reference to a person or group based on gender, gender identity, sexual orientation, race, colour, language, ethnic origin, age, disability, religion, or belief or political or other opinion.

What is hate crime?

Hate crime is any criminal offence which is aggravated or motivated* by hostility, aversion or contempt  based on a victim’s membership (or presumed membership)** of a group based on gender, gender identity, sexual orientation, race, colour, language, national or ethnic origin, age, disability,  citizenship, religion or belief or political or other opinion. Hate crime is made up of a combination of the following acts such as verbal insults, violence and aggression and inciting. 

* The offender demonstrates this hostility, aversion or contempt, at the time of committing the offence, immediately before or after the offence. 

** Membership in relation to a group, includes association with members of that group. “Presumed” means presumed by the offender.

What are the effects of hate speech?

The effects of hate speech can be devastating to targeted individuals or groups, which affects society. Hate speech is directed not just to LGBT persons, but even people of colour, Muslims, persons with disability, the elderly and other groups. Hate speech is not an isolated phenomenon or limited to extreme groups; it can come from anyone. When hate speech is normalised and entering everyday discourse, it jeopardises peace, social cohesion, and democracy. 

Online and verbal hate speech may affect individuals’ psychological well being directly or indirectly. The amount of damage is significantly larger when an individual is targeted, compared to witnessing it on others. Victims of hate speech are at risk of low self-esteem, depression, increased anxiety and feelings of fear and insecurity.

Hate speech has been shown to lead to and escalate bias motivated violence. Historically, hate speech against different groups has fuelled wars, violent extremism and even genocide.

Genocides do not start with bullets, but with hate speech.

The Holocaust did not start with the gas chambers and concentration camps, but with hate speech and discriminatory policies over a number of years before. Decades of hate speech worsened by ethnic tensions led to the 1994 genocide against the Tutsi in Rwanda. These are just two examples from many.

 

In the case of LGBTIQ persons, it has been observed that increased hate speech has led to an increase in hate crimes against LGBTIQ persons globally, even in countries where homosexuality is not criminalised. 

In 2023, following trends in previous years, ILGA-Europe noted that there had been an increase in bias motivated speech in Europe, especially towards trans people. 2023 has seen a stark rise in violence against LGBT persons, and in the severity of violence. Anti-LGBT hate crime is on the rise in France, Germany, Ireland, Netherlands, Spain, and the UK amongst other European countries. 

In August 2023, an ally of the LGBTIQ community who displayed a pride flag outside her shop was shot and killed by a man in Southern California after she had an argument with him when he tore the flag down and shouted homophobic slurs. This comes alongside an increase in threats and acts of violence towards LGBTIQ persons and allies, as well as a wave of anti-LGBTIQ legislation and policies in the US.  Hate speech hurts everyone.

 

What is the difference between Hate Speech and Free Speech?

Freedom of expression (aka free speech) is recognised in Maltese, European and International human rights law. But in all instances, duties and responsibilities come with this right and limitations for hate speech exist in law to protect everyone in society. 

“I’m just saying what I think!” or “I have a right to free speech!” are common responses when people who have written or said hateful comments are challenged about what they expressed. 

“Addressing hate speech does not mean limiting or prohibiting freedom of speech. It means keeping hate speech from escalating into something more dangerous, particularly incitement to discrimination, hostility and violence, which is prohibited under international law.”

— United Nations Secretary-General António Guterres, May 2019

Speech that criticises or challenges ideas or the status quo (for example, criticising events, policy, government, teachings), even if it is offensive or unpopular, is protected – it is important so that we can learn about different ideas, think and discuss critically and challenge. That is fundamental to a democratic society. On the other hand, speech that threatens or encourages discrimination, abuse and violence against people should be addressed. 

Internet-based platforms have become places where hateful content has become very common, be it words, videos, photos, memes or articles. It is important for everyone to consider what they are posting, whether it is to exchange and challenge perspectives, or target a group to encourage ‘othering’, violence or hatred. Not all hateful comments would be considered hate speech in the eyes of the law, but they are still hurtful and can be harmful. If you need support, reach out to the services in the next section.

Relevant Maltese Laws

What should you do if you encounter hate speech or hate crime?

Before taking any action, it is important to ensure the wellbeing of the victim, be it yourself or another person. Seek support if you need it. You can reach out to the contacts below:

  • MGRM
    call +356 99255559 or +356 794300006 
  • Victim Support Agency
    call 116 006 (7.30am – 7.30pm, including weekends and public holidays)
  • If in Gozo, you can call LGBTI+ Gozo’s counselling services on +356 9935 6622, Monday to Friday 9am to 5pm.
  • Call 179 or 1579 for emotional support. (National Helplines)

We’re still working on guidelines for bystanders, but here are some existing resources from international organisations.

Bystander intervention training
Bystander Intervention (Please note support services contacts are UK only)

How to report

You can report the incident to the police at a police station or online here,  or the Victim Support Agency. The Victim Support Agency has been established to act as the national contact point for victims of crime, including victims of hate crime. Victims of crime who need assistance are invited  to call on 116 006 (freephone) which is available every day from 7.30am till 7.30pm, including weekends and public holidays. This national victim supportline is meant to provide information to Victims of Crime and facilitate access to victim support services.

When you report a case of online hate speech with the Victim Support Agency, you need to provide a screenshot of the post and comment, and the URL link of where the post/comment was originally published.  If it is a video, use a safe online downloader or screen recorder to download the video. The screenshot/video should not be altered in any way. You also need to provide the URL link to the alleged offender’s Facebook (or other social media) profile, and a screenshot of said profile.

IMPORTANT! Collect the evidence as soon as possible. Offenders sometimes take down their posts/comments/videos within hours or days. 

What happens after a report is filed?

Following the analysis of evidence followed by the lawyer, an official complaint (kwerela) will be issued should the report be found to be hate speech or hate crime and the official complaint will be handled by the Police, who will investigate from their end. Should the investigations result that a criminal act was committed, the alleged offender will be arraigned in court and the persons reporting or victims will be called to act as witnesses. If the offender is convicted of a hate crime, they will be imprisoned between six and eighteen months and a fine could be issued.

 

I’m encountering a lot of anti-LGBT hate speech online, and it is distressing. What should I do?

Self-care is important. Take a break from social media, go out and do things that sustain you like exercise, meditation, hobbies, hanging out with friends. If you need to talk to someone, you can reach out to our Rainbow Support Service. (support@maltagayrights.org and +356 79430006)

If you are not feeling emotionally well, are passing through a difficult time, or contemplating suicide and need immediate and free emotional support, and advice, you can seek help through the below services.

Online chats

  • kellimni.com
    Available 24/7. Run by SOS Malta.
  • OLLI chat
    Available Monday to Friday between 8am and 8pm, and Saturday between 8am and 4pm. Run by Richmond Foundation.

or call 

  • Freephone 179.
    Available 24/7.National Helpline.
  • Freephone 1579
    Available 24/7. Run by the Ministry of Health.
  • Freephone 1770
    Available Monday to Friday between 8am and 8pm, and Saturday between 8am and 4pm. Run by Richmond Foundation.
  • If in Gozo, you can call LGBTI+ Gozo’s counselling services on +356 9935 6622, Monday to Friday 9am to 5pm.

Legal information and support

aditus foundation
info@aditus.org.mt or call +356 7707 2221

This page has been written by MGRM with the support of the aditus foundation and information provided by the Victim Support Agency. While this page consists of information based on local legislation, MGRM is not a legal expert and the aim of the material available here is to make the information more accessible. For legal information and advice, please contact a lawyer. If you were a victim of a hate crime, reach out to any of the services provided above.

References

  • https://legislation.mt//Pdf/web/viewer.html?file=https://legislation.mt/getpdf/64ca06b95ca4ed1a30715099#page=53
  • https://legislation.mt//Pdf/web/viewer.html?file=https://legislation.mt/getpdf/64709e9d710d004dec495c2b#page=19
  • https://racismnoway.com.au/about-racism/hate-speech/
  • https://www.unesco.org/en/countering-hate-speech/need-know
  • https://www.ohchr.org/en/special-procedures/sr-religion-or-belief/hate-speech-and-incitement-hatred-or-violence
  • https://www.ilga-europe.org/report/annual-review-2023/
  • https://hackinghate.eu/news/the-consequences-of-online-hate-speech-a-teenager-s-perspective/
  • https://www.stophateuk.org/about-hate-crime/what-is-online-hate-crime/online-hate-and-free-speech/
  • https://timesofmalta.com/articles/view/freedom-of-expression-and-racial-hatred.117705
  • https://classic.iclrs.org/content/blurb/files/paper%20Francisca%20PM.pdf

LGBTIQ+ Youth Packs: Activities for youths

February 24, 2022
by General Mgrm

In the past years, MGRM has agreed with Aġenzija Żgħażagħ, the national Youth Agency, to provide support and financial resources for the Rainbow Support Services Youth Group. For many LGBTIQ+ young people, this group is the first place they truly feel they can be themselves. This in itself is no
small achievement however LGBTIQ+ youth groups are, of course, much more than this. Together, various professionals and LGBTIQ+ young people play a major role in tackling discrimination and changing the hearts and minds of others in society.

As such, MGRM and Aġenzija Żgħażagħ have developed this interactive and educational pack filled with various activities aimed at educating young people across Malta and Gozo. This step-by-step youth pack will help various professionals to deliver a session  of choice aimed towards addressing everyday issues experienced by many LGBTIQ+ individuals. The main objective is to raise awareness and bring about social change.

There are 5 activities.

  1. Fantasy Trip
  2. Sexual Orientation Fantasy Trip
  3. LGBTIQ Acronyms
  4. Gender Bread Person
  5. LGBTIQ Timeline

Fantasy Trip: This fantasy trip will give the participants a chance to feel what it’s like to be born in a body that may not fit their gender identity – assuming that the listeners are not trans.

Sexual Orientation Fantasy Trip: This fantasy trip will give participants a chance to feel what it’s like to be hated and excluded because of their sexual orientation – assuming that the listeners are heterosexual.

LGBTIQ Acronyms: The goal of vocabulary isn’t to read definitions for every word but to allow your participants to highlight the words that they are most interested in learning about, and to clarify those words.

Gender Bread Person: To enable participants to understand the difference between gender identity, biological sex, and sexual orientation

LGBTIQ Timeline: The main aim for this activity is for participants to learn
about some of the main historical events that occurred in LGBTIQ+ history. This will give participants a better understanding of LGBTIQ+ culture and why activism is still important.

Order Youth Pack

Safe and Seen Education Toolkit

May 18, 2020
by General Mgrm

Why should youths learn about LGBTIQ+ at school or in youth groups?

In 2017, MGRM conducted a survey among youth aged 13 – 22 in State and Church schools, and published the 2017 Malta National School Climate Survey Report in 2019. The survey reflected the absence of LGBTIQ affirming education, revealing the majority of respondents did not feel safe in their school environment and this has a negative impact on the wellbeing of students, and their educational success. However, LGBTIQ students tend to have positive feelings about their school when they find support from school staff, which highlighted the crucial role of educators in creating safe and accepting environments at school.

In the European Wide LGBTIQ Survey by the EU Fundamental Rights Agency, 17% of Maltese LGBTI teenage students (15 to 17 years old) were still hiding being LGBTI at school, while 73% found support from their peers and teachers. At the same time, only 48% said their school education address LGBTI issues in a positive way.

In the Special Eurobarometer 493 on Discrimination in the European Union, published in 2019, over 71% of respondents agreed that school lessons and material should include diversity on sexual orientation, being transgender and being intersex.

These surveys highlight the importance of inclusive education for all youths, both those who identify as LGBTIQ and those who do not. It allows them to be better informed, support their peers, create a safe and welcome environment that fosters understanding on a personal and social level.

What does this toolkit consist of?

  • Structured workshop on history, with Powerpoint Presentations
  • A Queer Trivia Board Game covering History, Culture, General Knowledge, Open Questions, Maltese and International trivia
  • x2 Animated Explainer Videos
  • Information Leaflets for support, youth and parents

Who is it for?

The toolkit is to be used by educators working with youths 12 years and older. That includes:

  • PSCD, Social Studies, or History Teachers
  • Youth workers
  • Individuals who works with youths in groups
  • Youth organisations
Explainer Videos

LGBTIQ+ bil-Malti

LGBTIQ+ (with Sign Language)


Genderbread Person

HISTORY WORKSHOP

The history workshop is split into 5 parts so you may continue on more than one day, and at the same time, not overload your audience with a lot of information in one go. Powerpoint Presentations, and the guide for each, can be downloaded below.

Youtube videos are playable in slides. Should you encounter issues, the video links are provided in the same slide to open in a browser.

Part 1: Native Americans

Download Presentation | EN / MT Download Guide

Part 2: The Holocaust

Download Presentation | EN / MT Download Guide

Part 3: Stonewall and Pride

Download Presentation | EN / MT Download Guide

Malta: Past to Present

Download Presentation | EN / MT Download Guide

Present Times Around the Globe

Download Presentation | EN / MT Download Guide

QUEER TRIVIA BOARD GAME

It is important to have watched the videos, and done the workshop before playing the Queer Trivia game. There are 6 themes, covering History, Culture, General Knowledge, Open Questions, Maltese and International trivia. Each theme is identified by a different colour of the Pride Rainbow. The board game consists of:

  • Game mat
  • 12 character pawns
  • Dice
  • 6 packs of themed cards
  • Instructions
  • Answers booklet

The board game comes in two forms. The only difference between the two is the size of the game mat and the character pawns. Which to choose depends on the number of game participants.

LARGE

150cm square game mat when open, suitable for a class or large group. The mat is provided folded, and in an archive box with the rest of the toolkit items.

SMALL

50cm square game mat when open, is suitable for small groups. The mat is provided folded, and in an archive box with the rest of the toolkit items.

Order Queer Trivia Board Game

About the Project

Malta ranks first again, for LGBTIQ rights in Europe according to ILGA-Europe’s Rainbow Map and Index 2020, scoring 89%, with much of that progress having been registered through the adoption of policies and legislation.

The European Wide LGBTIQ Survey by the EU Fundamental Rights Agency which was published recently presented some surprising statistics for Malta. While on a positive note, the majority of LGBTIQ individuals saw a decrease in intolerance and violence, and viewed the Government leading the charge in fighting this; the report also showed that almost 50% still fear holding a same-sex partner’s hand in public and just over 20% avoided certain places.

While much of what has been achieved is truly impressive, there is still work to be done in the area of education and awareness so that people in the community can be visible, and safe. This mainstreaming is an open-ended process.

Through this project, we hope to take this advocacy one step further by providing a service to the country’s educators, to ensure that they are better informed about how to incorporate LGBTIQ issues in the curriculum. By supporting all those working in education, we can tackle misinformation, try and combat ignorance, support greater understanding of the community as a whole, promote a safe and inclusive school environment as well as provide direct support for those struggling to deal with LGBTIQ issues or LGBTIQ individuals in the class room.

This project has been funded through the Voluntary Organisations Project Scheme managed by the Malta Council for the Voluntary Sector on behalf of Parliamentary Secretary for Youth, Sports and Voluntary Organisations within the Ministry for Education and Employment. This project/ publication reflects the views only of the author, and the MEDE and the MCVS cannot be held responsible for the content or any use which may be made of the information contained therein.

MGRM Launches HIV Malta

September 1, 2019
by General Mgrm

MGRM Launches HIV Malta Campaign with a Three-Year Action Plan

The Malta LGBTIQ Rights Movement (MGRM) has today launched its new HIV Malta campaign and website www.HIVMalta.com.  HIV Malta’s objectives are to destigmatise HIV, start a conversation on the subject by making information easily accessible, promote the importance of mental wellbeing, and ensure that there is an ongoing commitment to make newly developed HIV medication including that which is preventive, available without any further delay.

Given the significant global improvement in the understanding of the virus and new antiretrovirals (ARVs) with less side effects,  individuals living with HIV can now expect to live a normal healthy life. Research endorsed by WHO and the CDC shows that effective treatment suppresses the viral load making the virus undetectable and therefore untransmittable (Undetectable = Untransmittable, or U=U). This can only be achieved through rapid and unobstructed access to modern medicine and treatment, with the best results seen in those countries where treatment has been reduced from 5-6 a day to a single tablet a day.

The single-tablet treatment regimen is still not available in Malta.  Some of the drugs currently being administered have even, for long, been struck off from international medical guidelines (EACS and WHO).  Like other stakeholders, MGRM remains in the dark with respect to a Request for Proposals (RFP) for improved treatment launched in February 2019, and although imminent news is expected about new treatment, to date, there has been no consultation with us stakeholders. It also remains unclear whether additional services listed in the RFP would eventually lead to partial or total privatisation of HIV-related care which is very much a public matter.  Questions on whether this would require sharing of data also remained unanswered.

Similarly, Pre-Exposure Prophylaxis (PrEP), a pill  which reduces the risk of acquiring HIV by over 99%, remains not affordable for the most members of society and might therefore not be accessible by those who would mostly benefit from it.  Although this is a marked improvement over the previous situation where PrEP was not available locally, we cannot help but comment on the fact that the same generic treatment sold in Malta at a price of EUR 57, is available for purchase online, and in several other European countries, at around half the price.  

Even more shockingly, Post-Exposure Prophylaxis (PEP), an emergency treatment administered after possible exposure to HIV, provided solely at Mater Dei comes at  EUR 600, notwithstanding the continuous and repeated appeals to make it free. Individuals who are unable to afford paying this unreasonable price are turned away.  This irresponsible approach to preventative treatment comes at the expense of avoidable HIV diagnosis, and the financial cost of a lifetime of care and treatment.

Against this background, MGRM will be announcing several projects, including a new messaging campaign on dating apps, and other specific projects within different sectors of the community.  HIV Malta aims to work in tandem with other NGOs and stakeholders including PrEPingMalta, the Allied Rainbow Communities and the newly set-up Checkpoint Malta to bring this plan to fruition.

Furthermore, the Rainbow Support Services which is now in its sixth year, remains committed to enhancing the quality of life of LGBTIQ individuals including those living with HIV, through the provision of information, consultation and psycho-social welfare services.

MGRM – HIV Malta
Malta LGBTIQ Rights Movement
HIVMalta.com

TRANSformazzjoni Documentary

July 1, 2019
by mgrm_malta

TRANSformazzjoni is a documentary that provides an insight into Trans* peoples’ everyday lives in Malta. The documentary puts a spotlight on 5 Maltese Trans* people from different walks of life giving full visibility to a wide range of people in the Trans* community, which all represent a section of Maltese society and which different people can relate to.

Watch TRANSformazzjoni online. 

This project was funded by

HIV Malta

June 9, 2018
by mgrm_malta
Couple
Visit HIVMalta.com

What are HIV and AIDS?

HIV, or the ‘human immunodeficiency virus’ is the virus that causes an HIV infection. If left untreated HIV can lead to AIDS (acquired immune deficiency syndrome). HIV acts by attacking and destroying the body’s CD4 cells which form an important part of the body’s immune system designed to fight infections. This means that, if left untreated, HIV makes it difficult for the body to fight off infections, and it is at this point that the condition becomes known as AIDS.

Modern medication has made it possible to live a completely normal life, with a normal life expectancy. Prevention in the form of a pill known as PrEP (Pre-Exposure Prophylaxis) also reduces the risk of HIV transmission by over 99%. When used with other forms of protection, such as a condom, the risk of STIs is reduced by almost 100%. That is why knowing your status by testing for HIV and other STIs can and will lead to a healthy lifestyle.

How do I learn more?

Visit www.hivmalta.com, our sister site which focuses on HIV. Learn how to protect yourself, how and where to test for HIV and how to live a long an healthy life if you are affected by HIV.

Who do I reach out to for help?

Life with HIV may seem scary, but just know it will be OK.  It is also absolutely fine to be scared and anxious. You do not need to suppress your emotions, and you do not need to deal with this alone.  Your own doctor and healthcare workers will support you.  Reach out to the Rainbow Support Services, who will give you all the help and information you will need.

Always remember that your mental wellbeing is just as important as your physical wellbeing. 

Gender Identity, Gender Expression and Sex Characteristics Act

March 29, 2017
by mgrm_malta

What are my rights under the Gender Identity, Gender Expression and Sex Characteristics Act ? (GIGESC) 

This Act gives all Maltese citizens the right to: 

Live according to their gender identity and
Be treated and identified according to that gender. Particularly citizens have the right to change the gender on official documents and records. 

Any Maltese citizen, unless adopted, who is over 18 years of age, can change their gender on official documents by make a declara- tion before a notary, to this effect. A birth certificate needs to be presented to the notary. 

No. No medical or psychological intervention and or treatment is required to change gender identity officially. Neither doctors nor notaries nor any government official may require you to undergo medical treatment or intervention of any type as a pre-requisite to allowing you to change gender. In fact this is against the law. 

No, you do not have to divorce to change gender. 

Can minors change their gender identity? 

Yes, they can. However the parents need to file an application to this end before the courts. The courts will consider the child’s best interests in deciding. 

As a refugee, can I change my gender identity? 

Yes, persons having protection under the Refugees Act may make a declaration of the gender they identify with, before the Commissioner of Refugees. Their asylum application and protection certificate then have to be amended by the state within 15 days of making the declaration. 

What if I am adopted? 

Adopted persons need to apply to the courts requesting a change in gender and name. Once the decree is issued, the Court Regis- trar shall see that the amendment is communicated to the Direc- tor of Public Registry within 15 days. 

Yes, as long as the change was done in a country and by courts or authorities which Malta recognizes as competent. 

What is the procedure for changing one’s gender and first name on official documents? 

The procedure is as follows: 

You make a declaration before a Notary Public in Malta that the gender identity you were born with and which appears on your birth certificate is not the gender identity you identify with. 

The Notary will ask to see your current Identity Card to identify you as the state currently recognizes you. You will be asked identifying details such as your full name, parents’ names, occupation and marital status. 

You should take your full birth certificate with you to the Notary. The full birth certificate costs around €5 and may be obtained from the Public Registry. Ask for the full certificate not an extract thereof. 

It is important to tell the notary if you are married, or in a civil union or have children, so that the necessary changes may be made on your marriage certificate, civil union certificate and children’s birth certificates. 

The Notary will ask you if you also want to change your name and if you say yes, the Notary will write that from the effective date of change your name shall be….. 

The contract before the notary will declare that your gender assigned at birth is not the gender you identify with, that you want to change your birth certificate as well as other official documents and / or your first name. On the contract, the notary will ask the Public Registry to make these changes. 

The Notary then signs the contract and sends it for enrolment in the public registry. Upon enrolment the contract becomes a public deed and effectively the changes are recognized from this date onwards. Always ask your notary to give you an authenticated copy of your contract. 

The public Registry then has 15 days from the date of enrolment of the deed to change your documents. 

The whole process should not take longer than a month, obviously depending on how long your notary takes to send your contract to the public registry. Therefore you need to follow up with your notary. 

After 15 days lapse from the day your contract was enrolled at the Public Registry you may collect your documents in person from the Registry. You will not receive any notification from the Public Registry that the changes have been made. You will need to follow up and collect the new certificate/s in person. The extract of the birth certificate will give your new name and gender. If you require a copy of the full birth certificate, you need to specifically ask for it not to include any annotations. 

Once the changes have been effected by the Public Registry you may change your ID card and/or passport too. However you need to wait an additional two days, after the 15 days, for systems to be updated, before you go to the passport/ID office. 

The Public Registry notifies the Civil Status Section of changes made to your gender and or name. You need not notify them your- self in order to change your ID and/or passport. However you should always take with you your change of gender identity con- tract showing the date of enrolment in the public registry and the date, so that if the Civil Status Section has not yet been notified, the Section may verify the changes against your contract. You should also take with you your current ID. You will receive your new ID through the postman who will also collect your previous ID. 

Once your birth certificate is changed for all intents and purposes 

you should be treated as though you have always had the new identity. 

What happens to records concerning me, held by the civil service? 

The central database system which is accessed by various depart- ments will be automatically, amended to show your new gender and / or name. However, for some departments and government agencies the change is not automatic so you have to notify them of changes. E.g. the ETC has its own database so you will need to notify it whereas hospital and social security records will be auto- matically amended. 

Is it possible to change gender more than once? 

The first time you change your gender on official documents, you may do so by making a simple declaration of the gender of choice, before a notary. You should always tell your notary if you are changing gender identifier for the first time. Should you wish to make another change in the future, you would not be able to avail yourself of this simplified procedure and you would have to resort to the Courts. 

How much will the procedure cost? 

Approximately €100 taking into account the costs of copies, enrol- ment of the deed and notary’s fees. Adopted persons also need to pay court and legal fees. 

What if I do not identify with any particular gender? 

There is work underway to introduce an X identifier that would denote undisclosed/undetermined gender. This should become available as of January 2016. 

Can I change gender identity on my qualification certificates? 

Yes, for qualifications awarded by a Maltese institution. There is no guarantee for certificates issued by foreign institutions but you can always ask. 

Can I also change my surname? 

Currently, this is not possible. However work is underway to make this legally possible in the future for everyone not just LGBTIQ persons. 

Isn’t this procedure open to fraudulent use? 

No. Your birth certificate will have annotations on it that a public deed was enrolled so that any notary doing searches will know where to look and under which names, so that e.g. a person does not change name to escape financial and legal liabilities. Notaries may cross refer names but the act of having changed gender is only known to notaries doing searches who may search under both the old and new name. 

A notary public in Malta is a public officer and therefore bound by confidentiality under the Professional Secrets Act. A notary cannot divulge your personal information. Furthermore, anyone who exposes you as having changed gender identity on your docu- ments is liable to a fine between €1,000 and €5,000. In addition, you are protected under data protection laws in force. 

What happens if I am taken to hospital during an emergency? 

The national health department is working on new systems to make sure your old medical history is always available and tracea- ble to ensure that you receive good medical care. Changing gender identifier does not automatically mean you change your biological make up. Therefore for example if biological males are called in for screening against certain types of cancer, as a biologi- cal male, you will be called to attend as well. However, the hospital and other medical departments have a duty to call you by your chosen name and address you using the correct pronouns in accordance with your new gender identity. 

Currently there is no system to record these. However, it is in your best interests to disclose your medical history to your doctor. Your doctor is bound by confidentiality. 

Download the FAQs

Civil Unions FAQs

May 29, 2014
by mgrm_malta

Who is eligible to enter into a civil union? 

Any person who is: 

Over 18 years of age or with parental consent if aged between 16-17;
Single/divorced/ widowed or had a previous marriage or civil union annulled and 

Meets the eligibility criteria of the Marriage Act (e.g. regarding consent to the union). 

Persons who are legally separated but not divorced or had their previous marriage annulled are only eligible to enter a civil union when they obtain a divorce or annulment of the previous mar- riage. Civil Unions are available for same-sex partners as well as different sex partners. 

Effects of a Civil Union 

A civil union, once registered has the corresponding effects and consequences at law of a civil marriage. The Civil Code provisions on personal separation and on divorce apply to civil unions. 

Parenting Rights 

Same-sex couples who enter into a civil union are eligible to adopt children just like a different sex couple who enters into a civil marriage. A child born to a couple in a civil union is automatically registered as the child of that couple on the birth certificate. A non-biological parent of a child can also request second parent adoption if the child only has one registered parent. 

Entering a civil union with an ulterior motive 

Amongst the articles of the Marriage Act that apply to civil unions, Article 38 provides that:
“Any person who contracts a marriage with the sole purpose of obtaining: 

Maltese citizenship; or
freedom of movement in Malta; or
a work or residence permit in Malta; or the right to enter Malta; or
the right to obtain medical care in Malta, 

shall be guilty of an offence and shall on conviction be liable to imprisonment for a term not exceeding two years” 

Any right or benefit obtained on the basis of such a union may upon conviction, be rescinded or annulled. The person entering a civil union with another person, knowing that the sole purpose of such other person in entering a civil union is one or more of the above, is also guilty of an offence and liable to the same punishment. 

How do I get started? 

For Maltese residents wishing to enter a civil union in Malta, the first step is to contact the Marriage Registry on telephone number (+356) 25904241-7 or the Gozo Public Registry on telephone number(+356) 22156381 for ceremonies taking place in Gozo.

What documents do I need? 

Applications are to be made between 3 months and 6 weeks prior to the date of the civil union. The documents you will need depend on whether you were born in Malta or are an EU or non-EU citizen. Generally the following are required: 

Presentation of original and photocopies of ID Card/Passport of partners and the required two witnesses
Presentation of original and photocopy of any Resident’s Registration Certificate 

Original, full birth/adoption certificate
For non-Maltese citizens original free status certificate or in default thereof an affidavit both valid for 3 months, by a person who knows the non-Maltese citizen well and is over 18 years of age, who before a legal professional confirms that: 

the non-Maltese partner has never been married or contracted a civil union or union of an equivalent status or if widowed, not married or contracted a civil union since the death of the former spouse/ partner or
If they underwent divorce/annulment proceedings have not entered into a civil union or union of equivalent status. 

Original, previous, marriage/civil union certificate unless the previous marriage or civil union were already registered at the Malta Public Registry and a copy of the previous marriage/civil union divorce 

Original Death certificate of late spouse/partner 

What documents does a Maltese citizen require? 

Maltese citizens need to present their ID cards and photocopies of the ID cards of the witnesses. Partners who were previously mar- ried or in a civil union overseas should provide a copy of the previ- ous marriage or civil union certificate and a copy of the divorce decree if it was not registered at the Public Registry in Malta. 

What is the procedure for entering into a civil union? 

If you reside abroad please contact the Marriage Registry on telephone number: (+356) 25904212-7 or e-mail: pubreg.marriage@gov.mt for further information. 

You may send your application and documents by post by the six week closing date before the date of the civil union. 

How long does the process take? 

The minimum requirement is to wait for 6 weeks from the date of submission of the application so that the civil union banns are published at the Marriage Registry and are also published in the locality of residence of both parties for 8 working days (excluding Saturdays and Sundays.) The Registrar then has to wait for an additional 6 days to allow objections to the banns. Where there are no objections the Registrar issues a certificate of civil union banns. 

Translation of documents 

When documents are not in either English or Maltese, they have to be translated by a legal translator and duly apostilled (authenti- cated) by the Ministry of Foreign Affairs of the country where the translation is made. 

There is no minimum residency requirement but you are required to attend a meeting with the registrar at least three days prior to the date of the civil union for confirmation of identity of the part- ners and witnesses, vetting of the civil union contract and settle- ment of fees. 

The Registrar authorises a Marriage Registry official to officiate the ceremony. You may request a preferred officiant. Alternatively a mayor of a local council may officiate but only for the locality he/she represents. Mayors are not obliged to accept to officiate a civil union or to be available on the date requested. When they refuse or are not available the ceremony is officiated by a Registry official. 

Acceptable venues are: The marriage Registry in Valletta, wedding halls, hotels, restaurants, public gardens, palaces, local councils. Venues are considered on a case by case basis. Poolside areas or public beaches are not acceptable. 

Registration of Marriage/Civil Unions entered into overseas 

Maltese citizens may register their marriage/civil union/union of equivalent status in Malta upon presentation of a legalized Act of civil status authenticated by the competent authority of the coun- try of issuance or a similarly authenticated true copy. Also required are a declaration attesting the surname adopted after marriage or civil union and a letter issued by the Department of Citizenship and Expatriate Affairs addressed to the Director of the Public Registry confirming that the person is a citizen of Malta. 

Fees 

Currently the fees range from €25.65 where both partners are resident in Malta and the ceremony is held in Malta to €102.60 where both partners are resident abroad and the ceremony is held at a place other than the Marriage Registry. As fees are subject to change, it is recommended that you enquire about current fees with the Marriage Registry in Malta. 

Further Information 

You may download the Civil Unions Act (Chapter 530 of the Laws of Malta) and The Marriage Act (Chapter 255 of the Laws of Malta) at: www.justiceservices.gov.mt 

Download the Civil Unions FAQs