Sunday, 11 March 2012

Times: Young lesbians to be charged over assault

http://www.timesofmalta.com/articles/view/20120214/local/Young-lesbians-to-be-charged-over-assault.406671
Tuesday, February 14, 2012, by Waylon Johnston


A protest last week called for stronger laws against hate crimes.

Two teenage lesbians who were allegedly attacked by two brothers and a 35-year-old woman will also be charged in court alongside the trio on Friday.

The brothers, 15 and 17, and the woman are expected to face charges of breaching the peace, threatening the girls aged 16 and 15, while the brothers alone will be accused of slightly injuring them.

Times: Everything they need to know about sex ...

http://www.timesofmalta.com/articles/view/20120214/local/Everything-they-need-to-know-about-sex-.406672
Tuesday, February 14, 2012, by Claudia Calleja


The use of contraception, and awareness about the different types, will be studied. Photo: Jason Borg

At what age do most Maltese people first have sex? How many have multiple partners? Is contraception used frequently? How frequently is violence used in the bedroom?

These are among the questions that will be addressed in a survey that will, for the first time, provide a nationwide snapshot of the sexual behaviour and awareness of Maltese adults.

The survey is being carried out by the Department of Health Information Research. It forms part of the implementation of the Sexual Health Strategy launched last year, said Mater Dei Hospital chief medical officer Natasha Azzopardi Muscat.

Times: Messing with equality

http://www.timesofmalta.com/articles/view/20120214/opinion/Messing-with-equality.406720
Tuesday, February 14, 2012, by Mark Anthony Sammut

A recent assault on two lesbian teenagers has sparked quite an emotional appeal for a review of hate crime legislation to also cover acts motivated by gender or sexual orientation. I have also read with interest Claire Bonello’s contribution to the matter in an article entitled All Crimes Are Hate Crimes on Sunday and I would like to add my views on the topic.

I am sure of the good intentions of all the NGOs supporting this call and participating in the protest last week, but I believe that our society is consistently missing the wood for the trees, continuously reacting with calls for law changes whenever something happens which sparks public opinion.

Pink News: Malta considers hate crimes after bus attack on lesbians

An off-duty Maltese bus driver has been charged after physically attacking two lesbian fellow passengers, reportedly for kissing.

http://www.pinknews.co.uk/2012/02/07/malta-considers-hate-crimes-after-bus-attack-on-lesbians/
7.2.12 by Stephen Gray

The incident comes amid public discussion on the island over the introduction of hate crime laws to protect gay and transgender citizens.
Malta now uses London's old bendy buses
Dr Marco Borg, 43, was charged on Saturday with causing injury and disrupting public order.
While there is no further penalty for homophobic motivation under current laws, the Times of Malta reports that Prime Minister Lawrence Gonzi has instructed Justice Minister Chris Said to work on amendments to laws to prevent hate crimes.
In footage of the incident filmed by another passenger, the driver in charge of the bus at the time is seen restraining Borg after he attacked the two women, aged 21 and 17, last Friday.
Bus company Arriva said he had been let go, adding that is had “a zero tolerance policy when it comes to violence of any sort and would like to make it very clear that it condemns categorically and without reserve not only this incident but indeed any bullish, violent and other such reproachable and anti-social behaviour”.
“Moreover, the bus operator wants to make it absolutely clear that it has a very clear and open diversity policy which all employees are bound to respect.”
In an interview with Malta’s Sunday Times, the girl said two men, who were later arrested, had called her and her girlfriend “twisted” before attacking them, leaving her with bruises and facial injuries.
Cyrus Engerer, a spokesman for LGBT Labour in Malta said state intervention would be necessary to tackle anti-gay incidents.
He told Malta Today: “It’s not possible for a mentality of a country to change if the laws of that same country remain unchanged.”
But the introduction of special hate crime laws are opposed by some.
Lawyer and opinion writer Claire Bonello told the Times of Malta: “It makes little sense to punish the different motives of a crime when the end result is the same – injury to the victim …
“If a person is attacked because the aggressor feels some sort of personal animosity towards the victim, why should that attack be punished less severely than one where the aggressor hates the victim because of the latter’s religious affiliation or belonging to a minority group?
“The whole notion of hate crimes does away with the concept of equality in the eyes of the law.”
At a press conference today, Malta Today reports Prime Minister Gonzi saying the government will include homophobia in hate crime laws in future: “We are sending a message to society in general, not to pass judgement of people, and that we expect the forces of law to enforce laws and eliminate all forms of discrimination.”
Discuss this story: 10 COMMENTS

Thursday, 8 March 2012

Corriere della Sera: Unioni civili: Registro Napoli, anche gay

http://www.corriere.it/notizie-ultima-ora/Cronache_e_politica/Unioni-civili-registro-Napoli-anche-gay/13-02-2012/1-A_001247862.shtml
13 Febbraio 2012 15:38

(ANSA) - NAPOLI - Il registro delle Unioni Civili a Napoli e' realta'. L'atto deliberativo e' stato approvato dal Consiglio Comunale. Consentira' ai cittadini conviventi,anche dello stesso sesso,di avere diritti civili e partecipare a bandi pubblici. Il sindaco Luigi de Magistris sottolineandone il valore politico precisa che il prossimo atto sarà quello della 'cittadinanza simbolica' ai figli degli immigrati per creare una 'carta dei servizi' che garantisca equiparazione ai bambini napoletani, per tutti i diritti.

Malta Today: Gay victims to face charges of breaching public peace after attackers file police report

Women assaulted by violent brothers in Hamrun to face charges this Friday after attackers file police report against them.

http://www.maltatoday.com.mt/en/newsdetails/news/national/Gay-victims-to-face-charges-of-breaching-public-peace-after-attackers-file-police-report-20120213
Monday 13 February 2012 - 12:13 by Karl Stagno-Navarra

The two gay women attacked in Hamrun are expected to charged with breaching the public peace and making obscene gestures at their attackers, according to a police writ presented in the law courts.

The teenagers, whose assault by two men in Hamrun precipitated a protest against homophobia and an announcement by the Prime Minister to strengthen laws against homophobic violence, will be charged after their attackers filed a police report against them.

Their case will be heard alongside the police charges against brothers Luke and Carlo Debono, and another attacker Mary Aquilina, for having assaulted the two friends and breaching the public peace.

The two women were dancing in a gazebo at the Fra Diegu square in Hamrun, when the two brothers started insulting them from the top of a nearby balcony. When the girls retaliated by shouting back at the boys, the two turned up and assaulted the women.

One of the girls was reported by The Times of having been manhandled before being head-butted, her hair pulled and dragged across the ground. One of the women ended up in a clinic with a fractured nose, a grazed face and bruises on her breasts.

The attackers cannot be charged with committing a hate crime because homophobia is not covered by law.

Following the sacking of an Arriva bus driver on 6 February assaulting two women in what the transport company said seemed to be a homophobic act, Prime Minister Lawrence Gonzi announced he had instructed justice minister Chris Said to tighten hate crime laws.

[Click on the hyperlink above to view the comments on MaltaToday's website.]

Times: Attacks on gays: Victims urged to come forward

'He grabbed my breasts then headbutted my nose and threw me onto the ground, grabbing my hair'
http://www.timesofmalta.com/articles/view/20120213/local/Victims-urged-to-come-forward.406474
Monday, February 13, 2012 , by Claudia Calleja

A 16-year-old lesbian girl who was attacked a month ago while in Ħamrun with her girlfriend is urging those harassed because of their sexual orientation to speak up, as she did.

The teenager, who became known by the fictitious name Amy, said she was positively surprised by the reaction to her story.

Over the past month there were several condemnations, a protest and political pledges to strengthen laws protecting gay people from hate crimes.

The latter development followed a second incident that came to light on February 6 when an Arriva bus driver was sacked for assaulting two women in what the transport company said seemed to be a homophobic act.
"I'm happy that my message has been heard ... I like how my story ended up meaning that they did something about it ... Anyone who goes through my experience should speak up and other people should not do what they did to me," Amy said.

A month ago today, Amy went to a Ħamrun square with her girlfriend and another two friends.

The two friends were dancing in a gazebo and Amy and her girlfriend were sitting on a bench when two brothers, about 17 and 19 years old, emerged from a nearby balcony and hurled insults at them.

They called them "twisted" and the girls retaliated and shouted back at the boys. Suddenly, the younger boy allegedly turned up in the square. He hit Amy's girlfriend and pushed her to the ground.

When Amy intervened, the 19-year-old boy picked her up and punched her in the eye.

"He grabbed my breasts then head-butted my nose and threw me onto the ground, grabbed my hair and pulled me across the ground," Amy had told The Sunday Times.

Amy ended up at a health centre with a fractured nose, a grazed face and bruises on her breasts.

Her girlfriend got away with a bruise to the head and scratches on her wrists, which she sustained when pushed to the ground.

The police later said the boys would be charged in court for attacking and injuring the girls. However, they could not be charged with committing a hate crime because homophobia is not covered by law. The only legal protection gay people have refers to discrimination emanating from harassment. The law protects anyone from actions that amount to threats, violence or harassment irrespective of the intent of such actions.
The part of the law that speaks about hate crime is limited to racial hatred.

Last year, the Justice Minister an­nounced there were plans to extend this to include homophobia.

The need for stronger gay hate crime legislation is highlighted in a 2003 study carried out by the Malta Gay Rights Movement.

The study showed that one in every 10 gay people is subjected to some form of violence because of their sexual orientation.

This was backed by a 2008 study, carried out by the National Commission for the Promotion of Equality, showing that eight per cent of gay people had been attacked in the previous two years and half of these said it happened more than once.

Two-thirds were young women.

Amy is glad the police are taking action against the boys who attacked her. She has since recovered from her injuries although she still has problems with her nose.

"My nose plays up a little ... There is a little bleeding if I touch it but the rest is back to normal," she said.
Referring to the Arriva bus driver attack, Amy said: "It's a shame that another lesbian got attacked. It shouldn't have happened after what happened to me."

The Amy revolution

January 22: The Sunday Times carries the story of Amy and her girlfriend who were attacked because of their sexual orientation. Various organisations condemn the act. The Amy initiative, a Facebook group, is set up and calls for Maltese law to include hate crime on the basis of sexual orientation.

January 24: The Times reports that the police have issued charges against the two boys who allegedly attacked the lesbian couple. They have still to appear in court.

January 26: A peaceful protest is held in Ħamrun during which various organisations call for action to amend the hate crime laws. They also present their proposed legal amendments.

January 31: US human rights politician Daniel Baer, speaking during a web interview, says the attack on the two teenagers provides Malta's leaders with the opportunity to condemn such violence.

February 3: The Malta Gay Rights Movement holds a meeting with new Justice Minister Chris Said. He tells them that their proposed legal changes are being analysed by the Attorney General and the Justice Ministry's legal experts.
February 6: The Times reports that an Arriva bus driver was sacked for assaulting two women in what the transport company said seemed to be a homophobic act.

February 7: Prime Minister Lawrence Gonzi calls an urgent press conference in which he calls for respect for human dignity. He says he instructed the Justice Minister to review hate crime laws and, if necessary, make them tighter.

[Click on the hyperlink above to view the comments on the Times' website.]

Independent: Will homosexuals now be privileged?

http://www.independent.com.mt/news.asp?newsitemid=139644
12 February 2012 by STEPHEN CALLEJA

The Prime Minister's decision to call for stiffer punishment for people found guilty of what he termed 'hate crimes' came like a bolt out of the blue. But it could have the reverse effect, as it is putting homosexuals on higher ground than heterosexuals. STEPHEN CALLEJA analyses the consequences

The Prime Minister's announcement that he has requested the laws concerning hate crime against homosexuals to be strengthened was a surprise move.

Whether it is intended as a political ploy to attract the votes of the gay community in Malta is not known. It is common knowledge that people who feel discriminated against and who believe that society treats them unfairly attach great importance to declarations that matters will improve for them.

And therefore it is possible that, at a time when the government is under pressure on other, more important issues, this idea was considered because it could sway gays and lesbians in the government's favour. Anything for a few extra votes. Added to this, it seems that the Nationalist Party is trying to appear more liberal in its ideas, perhaps in a bid to build bridges after the way it tackled the divorce issue.

Heterosexuals do not vote in favour of one party or another on matters related to their sexual orientation. But it is more likely that gays and lesbians – believing that society is not doing much for them – do consider their personal situation and the way political parties see them before casting their vote.

Such a move however is bound to create controversy.

There was a time when the interests of minorities, or of certain sectors of society that did not fall within certain parameters, were ignored. More than this, there was a time when people committing a crime against homosexuals were considered heroes and walked away scot free.

This was a bad thing.

But we seem to have come to a point where we have gone, or are going, in the opposite direction.

In order to be seen as being inclusive, society is going to the other extreme of giving extra privileges to these groups. As it does not want to be seen as being discriminatory against homosexuals in any way, society is affording them better treatment or, at best, offering more protection to them than to others.

This, to put it bluntly, is discriminatory against the rest of the population.

Certain sections of the media have exaggerated the incidents that have occurred, the ones that led the Prime Minister to hastily call up the media and tell them he was requesting stiffer laws against hate crime. (That the PM did not take questions from journalists is not the right way of doing things, but that is another matter.) It is still doubtful whether the incidents in question were hate crimes, but that will be left to the courts to decide.

But, other than this, to have a situation that distinguishes between people is not the way forward. We have gone from a time when gays were outcasts to a time when we are rolling out a red carpet for them. Whether a person is heterosexual or gay, he or she should be treated the same in the eyes of the law.

If the Prime Minister's request goes through, we will have laws that put gays and lesbians on a higher pedestal than heterosexuals – laws that consider a crime against homosexuals as being worse than a similar one committed against heterosexuals.

If, for example, a heterosexual couple is attacked while walking in a public garden, nobody would speak of a hate crime. The perpetrators, once caught, are taken to court and, if found guilty, they will be given "X" punishment.

But if the same thing happened to a gay couple walking in the same public garden in the same circumstances, the perpetrators, again if caught and if found guilty, will be liable to receive an "X plus" punishment – for no other reason except for the sexual orientation of the couple who was attacked.

This is not fair.

Most of all, having this distinction in the law would put homosexuals on a sounder footing and gives them an easy excuse to put all the blame on the aggressors. There have been occasions when homosexuals were the ones who started a fight, who provoked others into a fight or who reacted aggressively to the justified complaints of people around them, and then claimed that their sexual orientation was the cause of them being attacked.

Are we going to have a situation in which a homosexual and a heterosexual share equal blame for an incident, but the homosexual gets an "X" punishment and the heterosexual gets "X plus", just because he is not gay?

If a straight guy spills a glass of beer on another straight guy and they end up fighting, will it be considered as being less of a crime than when a homosexual spills a glass of beer on a straight guy and the latter punches the gay person in the face?

This is not fair either. Giving homosexuals the right to claim a hate crime, whatever happens to them, is not the correct way forward, and there is a chance that this will increase negative sentiments against gays and lesbians.

Everyone has a right to live his or her life the way he or she wants to, but everyone's responsibility is to refrain from behaving in such a way as to be a nuisance to others. It is one thing holding hands or giving a kiss on the lips (we don't want to become like Iran, do we?) but it is an altogether different matter when couples behave indecently.

If a heterosexual couple fondle each other on a bus or in a public place it is just as wrong when a homosexual couple does the same thing. The public has the right to react when behaviour verges on the indecent or is outright indecent, whether it is committed by a heterosexual or homosexual couple.

And homosexual couples do not have the right to hit someone who tells them to behave decently any more than heterosexual couples do.

Independent: Homosexual hate crimes: A positive knee-jerk reaction

http://www.independent.com.mt/news.asp?newsitemid=139461
09 February 2012

This week's announcement that, at long last, something is to be done about one of the most glaring lacunas in Malta's legislation of the 21st century – the lack of protection for its citizens against discrimination on the grounds of sexual orientation, in all its insidious guises – would have been incredibly positive.

'Would have been' because all that was really announced was that the justice minister has been instructed to consult and to continue making the necessary legislative changes that had been started by his predecessor. What those changes will be at the end of the day will remain to be seen, how far reaching they will be and whether they have been mere token legal amendments will also need to be determined.

In the meantime, one simply needs to question why it has taken so long for matters to have reached this juncture, a juncture that most countries in the rest of the Western world successfully navigated many years, if not decades, ago? In other words, why has it taken the government so long to legislate in favour of basic rights for homosexuals?

This week's announcement could be considered a knee-jerk reaction to two recent cases of alleged violence against homosexuals, although one case is a little vaguer in such terms than the other, but the urging by the Prime Minister to speed up that process is nonetheless positive.

For, truth be told, Malta's track record when it comes to according rights, any rights, to homosexuals – including the right to not be beaten because of your sexual orientation – is pretty lousy and there is huge scope for improvement.

It was the Prime Minister who yesterday cited the laws of the country as being a reflection of its values. But are these values of equality and tolerance really values that we are all of a sudden discovering we hold dear?

The answer is a clear 'no'. The vast majority of people in this country are not bigots, are not homophobic and they hold their own personal freedoms and those of others dear - but their laws have failed to reflect those values, and our parliamentarians have also failed to correct this gross injustice faced on so many levels by so many within our society.

Just as divorce was a civil right that has now rightly been accorded to a minority of the population, the civil rights, or rather, the complete lack thereof, accorded to lesbian, gay, bi-sexual and transgender (LGBT) people must now be thoroughly addressed. By not having legislation in place to protect and provide rights for this minority, it is the state itself that is practicing discrimination.

And although homosexuality, along with adultery, was decriminalised in Malta in the 1970s, the country's legal structures themselves are still unquestionably discriminatory toward homosexuals.

For starters, the country's very equality watchdog, unbelievably, does not carry the remit to take action against cases of discrimination on the grounds of sexual orientation, but it can do so, for example, on the grounds of gender discrimination.

LGBT couples, to this day, enjoy no recognition or rights in any way shape of form – in terms of succession rights, cohabitation rights, death bed rights and in so many other areas - and it is only now that political parties are discussing introducing some form of LGBT rights. And although positive, those discussions need to be significantly widened.

Last June, Malta signed on to the United Nations' landmark resolution that for the first time endorsed the rights of LGBT people, which expressed "grave concern at acts of violence and discrimination, in all regions of the world, committed against individuals because of their sexual orientation and gender identity".

Malta signed on that day, and now it is time to begin putting those words into action. Homophobia, hate crimes and discrimination in all its ugly, malicious forms – violent and non-violent - can only be stamped out when, first and foremost, the correct laws are put in place.

Let that process, as urged by the Prime Minister this week, be hastened and concluded without further delay.

Independent UK: Russian city backs fines for 'promoting gay life' - St Petersburg to impose £100 penalties for spreading 'homosexual propaganda'

http://www.independent.co.uk/news/world/europe/russian-city-backs-fines-for-promoting-gay-life-6672142.html 
9.2.2012 by Shaun Walker

A law which outlaws "homosexual propaganda" has been approved by parliamentarians in St Petersburg – a move that has outraged rights activists in Russia and across the world.

The bill, which passed a key second reading yesterday, now only needs to go through the formality of a third reading before becoming law.

The legislation sets fines for those who violate it of up to £100 for individuals and £10,000 for organisations. The only opponents in the city parliament were a small contingent from the liberal party, Yabloko.

"Propaganda" is defined by the bill as "enticements, positive opinions and comments that promote non-traditional sexual and family relations to minors". The MP behind it said the legislation would target "themed" clubs for teenagers, and the spreading of information about homosexuality on social networks.

The law would ban the dissemination of information "which could cause damage to the health or moral and spiritual development of minors, including by inducing them to form warped perceptions that traditional and non-traditional married relations are equally socially acceptable".

Rights groups reacted angrily, saying the bill contradicted Russian and international law. They also said it would make the lives of gay teenagers, who could be embarrassed or scared of coming out, even harder. "This is a direct path to discrimination and legitimises violence," said one gay rights organisation, Coming Out. "While claiming to be about protecting young people, the law will do quite the opposite and will push gay teenagers towards isolation and suicide."

A similar law has been passed in two other regions, including Arkhangelsk, where three gay activists were arrested last week for holding placards decrying the legislation as inhumane and immoral. They were fined 2,000 roubles (£40), as the protest itself was deemed to violate the law.

Homosexuality, which was illegal in the Soviet period, was decriminalised in 1993 but since then there has continued to be widespread discrimination against gays in Russia, spearheaded by the Russian Orthodox Church and a conservative establishment. Almost no public figures are openly gay, and the attitude of the former Moscow mayor Yury Luzhkov, who infamously called gays "Satanic", is widespread.