B. Positive aspects
3. The Committee welcomes the following legislative and institutional steps taken by the State party:
(b) The amendment to article 45 (3) of the Constitution, which introduces sexual orientation and gender identity as prohibited grounds of discrimination;
C. Principal matters of concern and recommendations
Anti-discrimination legal framework
8. While welcoming the recent amendments to the anti-discrimination legal framework to introduce religion, sexual orientation and gender identity as prohibited grounds for discrimination, the Committee is concerned that discrimination on the basis of language has not yet been prohibited by law, thus failing to protect against discrimination on all the grounds enumerated in the Covenant. The Committee further notes with concern the existence of legal and administrative provisions, as well as some practices, that are incompatible with the principle of non-discrimination enshrined in the Covenant (arts. 2 and 26).
The State party should review its anti-discrimination and equality legal framework with a view to ensuring that it includes a comprehensive prohibition of discrimination on all the grounds as set out in the Covenant. The State party should undertake a thorough review of its legislation with a view to amending or revoking all provisions that are not in compliance with articles 2 and 26 of the Covenant.
Discrimination against lesbian, gay, bisexual and transgender (LGBT) persons
10. While welcoming the efforts undertaken by the State party to address discrimination against lesbian, gay, bisexual and transgender (LGBT) persons in general, the Committee is concerned about the reportedly insufficient measures to prevent and combat bullying and harassment against LGBT students in educational settings (arts. 2 and 26).
The State party should take specific measures to provide an educational environment free of discrimination and violence against LGBT students, particularly through awareness-raising campaigns, school curricula and trainings addressed to educational personnel. The State party should take all necessary measures to put an end to any form of social stigmatization of homosexuality, bisexuality or transsexuality.
Link to full text of the report: Concluding Observations-CCPR-Malta-2014-eng