Published on Thursday, 3, July, 2008 at 11:26 in Malta News | No Comments

AD calls for recognition of foreign same-sex partnerships

Alternattiva Demokratika
Since Malta recognises marriages and divorces obtained in EU countries, it follows that it should also recognise same-sex partnerships in order to facilitate the entry and residence of such persons to allow the free movement of persons. Alternattiva Demokratika said it therefore calls on the government to recognise same-sex partnerships obtained in other countries without delay.

AD spokesperson on LGBT issues Dr. Patrick Attard said: “Since Malta Member State of the European Union and party to the Schengen Agreement, Malta is obliged, in terms of Directive 2004/38/EC, to grant extensive rights of entry, residence and movement to European Citizens and to third country nationals given a right of entry or residence in any member State. Dependants of these persons are then given either identical rights or benefits depending on their form of dependence.”

“The situation of LGBT partners however is an issue in that the EU Directive limits itself to considering as dependants those LGBT partners (and their own dependants) who, in the host state, are in a civil partnership considered equivalent to marriage. All other LGBT partners who are in a durable relationship are granted ‘benefits’ but
not the full rights. The EU directive thus does not oblige Member States to recognise foreign civil same sex partnerships as equivalent to marriage, however it does oblige them to facilitate the entry and residence of such persons – and Malta should comply. The EU is not only about free trade it is also about respect and inclusiveness,” concluded Dr. Attard.

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