How do Maltese and European Union law attempt to safeguard LGBT asylum seekers?

Abstract

Human rights are at the crux of the West’s priorities; a similarity allocated amongst the pertinent issues addressed is discrimination targeted towards minorities. Particularly, persecution against individuals as a consequence of their sexual orientation or gender identity is still highly evident around the world. To escape such peril, various individuals seek refuge in safer European states, including Malta: once disembarked, they are considered asylum seekers. LGBT immigrants require particular legal safeguards consequent to their turbulent lives in their respective country of origin. Therefore, this study analyses the manner in which Maltese and European Union legal instruments protect such marginalized community. It is nonetheless insufficient to solely base the level of security which queer immigrants are granted upon what’s written on paper- practice attached to law should be indispensably aligned. The author investigates whether such legislation is sufficient and if the accompanied practical actions follow it accordingly, whenever published by the authorities. The research carried out indicates that in particular areas, legislation is highly unequipped and the lack of public information regarding current practices of LGBTQI+ asylum law is concerning. Further legislative improvements need to be established for Malta to be deemed a diverse area which fully caters for every minority, whilst seeking to protect their human rights in the process.