A/HRC/40/17
19.
Due to recent changes, same-sex couples and single women had the same right as
heterosexual couples to access assisted reproductive technologies. Furthermore, legislative
changes enabled couples using medically assisted procreation technology to have up to 100
hours of paid leave.
20.
From marriage equality to gender-neutral markers, the progress registered by Malta
concerning the rights of lesbian, gay, bisexual, transgender, intersex and queer/questioning
individuals had been praised by OHCHR. Malta remained a leading European country in
protecting the rights of lesbian, gay, bisexual, transgender, intersex and queer/questioning
persons in the areas of equality and non-discrimination, family affairs, hate crimes and hate
speech, legal gender recognition and bodily integrity, civil society space and asylum.
Moreover, Parliament had debated the matter extensively during the adoption of the Civil
Unions Act (2014), the Gender Identity Gender Expression and Sex Characteristics Act
(2015), the Affirmation of Sexual Orientation, Gender Identity and Gender Expression Act
(2016) and the Marriage Equality Act (2017).
21.
All couples enjoyed the same rights in Malta. No one was barred from adopting a
child simply because of his or her personal characteristics, and all individuals enjoyed the
right to the recognition of his or her gender identity. Additionally, policies had been put in
place to ensure inclusive education and a safe school environment for transgender, gendervariant and intersex students.
22.
The protection of the rights of the child remained a priority on the human rights
agenda of Malta, and the Government was placing greater emphasis on the physical and
mental well-being of children, in particular those in vulnerable situations. As part of those
efforts, Malta had enacted the Child Protection (Alternative Care) Act (2017). The Act
catered for a review of the childcare system, providing, inter alia, for children’s protection
during judicial proceedings, including the availability of children’s advocates.
23.
Regarding the rights of persons with disabilities, Malta followed a two-pronged
approach of empowerment and protection. Noteworthy legislative instruments were the
Equal Opportunities (Persons with Disability) Act (2000) and other disability-specific
legislation, such as the Maltese Sign Language Recognition Act (2016) and the Persons
within the Autism Spectrum (Empowerment) Act (2016). Furthermore, the Government
had launched the National Policy on the Rights of Persons with Disability in 2014, after
convening the Fair Society Action Council, composed of persons with disabilities,
academics and civil society stakeholders. Malta had also been finalizing its National
Disability Strategy.
24.
The Commission for the Rights of Persons with Disability had been formally
designated as the independent monitoring mechanism, in accordance with the requirements
of the Convention on the Rights of Persons with Disabilities. The Commission had a
mandate, inter alia, to assess whether public places were accessible to all and to vet
planning applications towards that end.
25.
Malta intended to establish a national human rights institution. Malta had finalized
an Equality Bill and a Human Rights and Equality Commission Bill in close consultation
with national stakeholders and international partners.
B.
Interactive dialogue and responses by the State under review
26.
During the interactive dialogue, 64 delegations made statements. Recommendations
made during the dialogue are to be found in section II of the present report.
27.
Uganda commended Malta for various initiatives taken to improve the human rights
situation since its second review cycle, in particular the rights of persons with disabilities.
28.
Ukraine commended Malta for its achievements in combating domestic violence and
promoting gender equality. It encouraged Malta to continue its efforts to safeguard and
promote human rights and to raise awareness of them through education.
29.
The United Kingdom welcomed the progress in combating discrimination and
encouraged Malta to establish the National Human Rights and Equality Commission in
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