Expressing concern that Malta focused mainly on European human rights instruments, expert members of the Women’s Anti-Discrimination Committee urged the country to incorporate the Convention on the Elimination of All Forms of Discrimination against Women into its domestic law.
Acting in their personal capacities, the Committee’s 23 expert members monitor compliance with the Convention, often referred to as an “international bill of rights for women”. Having ratified the Convention in 1991, Malta was reporting to the Committee for the first time last week. During the article-by-article review of Malta’s compliance with the Convention, experts stressed that the government should consider the Convention when interpreting domestic law, submit it to Parliament, and accede to the Convention’s Optional Protocol, which would allow private individuals to submit communications to the Committee. European Union legislation and acts, one expert pointed out, were of more limited scope than the Convention, and could not as easily focus on new developments.
Introducing the country’s report, Sina Bugeja, executive director of the National Commission for the Promotion of Equality between Men and Women, explained that international treaties did not automatically become part of Maltese law, and that the Convention could not be invoked before the Maltese courts. However, people could invoke the European Convention on Human Rights in Maltese courts, along with the right to petition the European court.
Experts also noted that women’s participation in decision-making bodies was weak, particularly in the national and European Parliaments. The expert from Portugal, lamenting that Maltese women failed to assume political representation, suggested that the country adopt special temporary measures, such as targets for women’s participation or minimum percentages for both sexes in political candidate lists. Other experts noted a similar lack of female diplomats and stressed that special programmes were needed to encourage more women to enter the foreign service.
Several experts also commented on the low percentage of women in Malta’s labour market, suggesting that the country review measures it had taken to encourage women to work. Such measures, which included various types of maternity leave, might actually discourage them from working in the paid labour force, and reinforce their roles as primary caregivers, they said. In addition, the government should consider training or retraining women entering the labour force after taking a break in their careers.
Addressing those issues, Ms Bugeja noted that the proportion of women in high-ranking parliamentary positions was low, at only six out of a total 65. Locally, women made up only 17.6 per cent of all local councillors, and 17.35 per cent of public bodies.
As for employment, many women left the labour market by age 25, she said, although those in the 30 to 45 age group now seemed to be returning. Malta’s breadwinners were still predominantly male, however, and caregiving had remained a woman’s prerogative. The country had introduced several measures to encourage women to work, such as paid maternity leave; unpaid parental leave; career breaks for public workers; the creation of state kindergartens for children between three and five years of age; and summer school programmes for pupils in primary school. Ms Bugeja also outlined Malta’s reservations to articles 11, 13, 15 and 16 of the Convention. On article 13, the government reserved the right to continue to apply its tax legislation, which deemed in certain cases the income of a married woman to be the income of her husband and taxable as such. The government reserved the right to continue to apply its social security legislation, which could make certain benefits payable to the head of the household, who was presumed to be the husband. As for article 16, the government felt that provision could be interpreted as imposing an obligation on Malta to legalise abortion.
Commenting on those reservations, the expert from Germany said it seemed discriminatory to both women and men that the social security office decided who was head of the household. The reservation to article 16 was unnecessary, as neither the Convention nor the Committee made the case for abortion. Reservations were a threat to the Convention’s universality, and serious consideration should be given to their withdrawal.
Also participating in Malta’s delegation were Vanni Xuereb, advisor to the National Commission for the Promotion of Women; Deborah Attard, counsellor to Malta’s Permanent Mission to the UN; and Victor Camilleri, permanent representative of the Maltese Mission to the UN.
Background
For its consideration of the situation of women in Malta, the Committee on the Elimination of Discrimination against Women (CEDAW) had before that country’s combined initial, second and third periodic reports (document CEDAW/C/MLT/1-3), dated 18 December 2002.
Among the highlights of the report’s article-by-article description of adherence to the Convention, is a reference under Article 1 on the legal framework, which states that legislation on violence against women is presently being drafted, and a “white paper” published in May 2001, crystallised the issues with respect to setting up a Family Court, as a judicial forum with jurisdiction over all family-related matters. New legislation on labour law seeks to actively promote, facilitate and contribute to the ongoing development of an inclusive society through the provision of good quality personalised services and by actively encouraging and assisting individuals, families and community associations to participate in fighting social exclusion, ensuring equal opportunities for all, with special emphasis on the most vulnerable in society.
In terms of official policies on discrimination, the report finds that in the last two decades Maltese governments have constantly reaffirmed their commitment to strive for the attainment of equality between men and women. In 1987, an integrated approach was adopted to ensure women’s equality and advancement in the legal, civil, political, economic and social spheres of Maltese society. Raising awareness on gender equality of policy makers and the public was placed at the top of the list of priorities.
In addition to legislative reforms, other important areas addressed were: education; equal employment opportunities; improvement in work conditions; and reconciliation of family and work responsibilities. Action was also taken to improve the response to domestic violence, and
units on domestic violence and child abuse prevention were established. Importance was also given to the introduction
of sex-disaggregated statistics. Decision-making was another priority area, with special initiatives undertaken to increase the presence of women in politics and public service.
The issue of violence against women has been given high priority, the report states. An inter-departmental Action Team, which included voluntary organisations and trade unions, was set up in 1991 to investigate and assess the incidence of violence. The Action Team developed short- and long-term programmes, which integrated government and voluntary action to counteract domestic violence and other abuses, such as rape and sexual harassment. As a result of the recommendations, two specialised units were established – one on domestic violence and another on child protection.
The main purpose of the Domestic Violence Unit is to provide support to victims of abuse, assist them in finding adequate shelter, and offer them referrals and links to other support services. The unit also provides social work intervention, and is committed to violence prevention through education and the media.
According to the report, from 1995 to 1996, social workers at the unit treated approximately 600 different cases of domestic violence, while 271 people received services from the unit in 2000. The unit has also formulated detailed guidelines for doctors, nurses, police, social workers, counsellors and the clergy to enable them to detect violent abuse of women and to deal appropriately with victims of violence. The Child Protection Services Unit offers specialised social work to protect children. In 1996, the Domestic Violence Unit launched a support line for women and children victims of abuse and other problems. A special Police Victim Support Section within the Vice Squad, made up primarily by female police officers was set up. The Support Section investigates cases of domestic violence and child abuse referred to them by district police.
In a section entitled Wife Chastisement, which the government includes in its consideration of compliance with article 5 of the Convention on sex roles and stereotypes, the report says that there is no provision in Maltese law giving the husband the right to chastise his wife. Although the Maltese Criminal Code does not specifically provide for a sanction in the case of a husband who chastises his wife, this situation would fall within the ambit of the general provisions dealing with bodily harm. Moreover, bodily harm may be grievous or slight, with the former type “attracting a higher degree of punishment”.
Concerning trafficking in women and girls, covered under Article 6 on suppression of the exploitation of women, the report states that legislation on that problem has existed since 1930, when the White Slave Traffic (Suppression) Ordinance, Chapter 63 of the Laws of Malta was promulgated. This law prohibits the trafficking of persons, either males or females, for prostitution. The law has been amended several times since its enactment, the last time in 1994. Prostitution is not a criminal offence per se if “practised behind closed doors (in private) or in a place not easily accessible”. Loitering and soliciting for the purpose of prostitution or engaging in other immoral acts in public is punishable by law and imprisonment for a term not exceeding three months.
Continuing, the report says that the commission of acts “against decency or morals” committed in a public place or in a place exposed to the public is punishable, on conviction, with imprisonment for a term not exceeding three months and by a fine. Various people are arraigned in court and charged with loitering and soliciting for the purpose of prostitution.
This is a very difficult crime to prove since courts request that prostitutes are caught in the act of loitering or soliciting or “flagrante delicto”.
Prostitutes are not licensed and neither are brothels. In terms of social attitude, “strong traditional values persist” in Malta. Prostitution is considered highly immoral, and loitering or soliciting for prostitution in public is not tolerated.
Under criminal law, no distinction is made whether the victim of violence or rape is a prostitute or not. Nor is a distinction made on the basis of the victim’s gender.
If a person practices prostitution outside of Malta, the offender is not liable to punishment in Malta, but the person in Malta compelling and sending such a person abroad is liable.
In terms of women’s participation in political and public life, the report finds a number of positive developments, including: an increase in the number of women candidates; and increase in the number of women elected, both on local councils and in Parliament; the first-time appointment of a woman speaker in the House of Representatives; the appointment of women ministers; and the appointment of two elected female candidates as chairmen of two parliamentary committees. The national machinery organises courses for women candidates at the national level and councillors working at the local level. “These programmes provide appropriate tools for a political career,” the report states.
Introduction of report
Ms Bugeja introduced Malta’s combined initial, second and third periodic report. Opening with a geographic description of the country, she then progressed to population statistics, noting that the country’s fertility rates had dropped, and that life expectancy in 2003 had been estimated at 75.8 years for males and 80.5 years for females. The infant mortality rate had declined from 13.6 per 1,000 live births in 1985 to 6.0 per 1,000 live births in 2003.
Turning to political representation, she said the proportion of women in high-ranking positions in Parliament and at cabinet level had remained low. Currently, there were six female members of Parliament out of a total 65, of whom two were cabinet ministers, one was parliamentary secretary and three others were members of the Opposition.
At the local level, women made up only 17.6 per cent of all local councillors in June, compared to 20 per cent in March 2001. In 2003, women formed 17.35 per cent of all members of public bodies, slightly more than in 1999.
As for employment, she continued, the number of women in the labour market rose from 37,000 in 1995 to just under 46,000 in 2003. At the end of 2003, some 45,883 were employed, 4,094 were
unemployed, and 113,210 were classified as inactive (not employed and not seeking employment). Younger women participated strongly in the job market, but many left it by the age of 25. Women in the 30 to 45 age group seemed to be returning to the labour market, although breadwinners in Malta were still predominantly male, with caregivers work remaining a woman’s prerogative. The country had taken several measures to encourage women to join the labour market, such as paid maternity leave; unpaid parental leave; career breaks for public workers; the creation of state kindergartens for children between three and five years of age; and summer school programmes for pupils in primary school.
Successive governments had been committed to promoting gender equality, both by law and in practice, she said. The present government was focusing on such areas as gender mainstreaming, eliminating violence against women, including women in decision-making, the reconciliation of work and family responsibilities, and better working conditions. In 2003, the Equality for Men and Women Act was passed, and in January, the National Commission for the Promotion of Equality for Men and Women was appointed. The Employment and Industrial Relations Act provides for equality of treatment in the workplace. Cases of discrimination in the workplace are investigated either by the Industrial Tribunal or through provisions of the Equality Act.
Malta’s national machinery on gender equality, she continued, included the Minister for the Family and Social Solidarity; the Commissioner for the Promotion of Equality for men and women and the National Commission for the Promotion of Equality for Men and Women. The Minister for the Family and Social Solidarity was responsible, among other things, for equality in Maltese society. Set up this year, the National Commission for the Promotion of Equality for Men and Women is composed of a Commissioner and six members. The Commission played an active role in raising public awareness on gender equality. The Commission’s functions included establishing policies related to equality issues, working towards the elimination of discrimination between men and women, investigating complaints and providing assistance to persons suffering from discrimination.
The national machinery, she said, had raised awareness on gender equality among both policy-makers and the public. Objectives included access to equal opportunities in education, the reconciliation of work and family responsibilities and the publication of gender-specific statistics. Since its appointment in January, the National Commission has followed on with the steps set out by the earlier Commission for the Advancement of Women and has added new initiatives directly emanating out of the Equality for Men and Women Act.
When Malta ratified the Convention in 1991, Ms Bugeja explained, it had also entered reservations to its articles 11, 13, 15 and 16. Some of the reservations were superseded by changes in legislation made between 1991 and 1994. Regarding article 11, the government interpreted paragraph 1 of that article as not precluding prohibitions, restrictions or conditions on the employment of women in certain areas where that was considered necessary or desirable to protect the health and safety of women or the human foetus. On article 13, the government reserved the right to continue to apply its tax legislation, which deemed, in certain circumstances, the income of a married woman to be the income of her husband and taxable as such. The government reserved the right to continue to apply its social security legislation, which, in specific circumstances, made certain benefits payable to the head of the household, who was presumed to be the husband.
Regarding article 15 and property law, she said the government reserved the right to apply present legislation until such time as the law was reformed and during such transitory period until those laws were completely superseded. The government did not consider itself bound by article 16 in so far as it might be interpreted as imposing an obligation on Malta to legalise abortion.
As treaties and conventions did not automatically become part of Malta’s law, the Convention’s provisions could not be invoked before the Maltese courts, she said. As Malta had not
signed the Optional Protocol,
private individuals could not
submit communications to the Committee. However, Maltese individuals could invoke the European Convention of Human Rights before the Maltese courts, together with the right of petition to the European Court. Following the Convention’s ratification, legislation was immediately enacted to give support to many of the Convention’s articles. In July 1991, its Constitution was amended to include the equal right of women and men to enjoy all economic, cultural, civil and political rights. The constitutional amendments also provided a legal remedy against discrimination on grounds of sex.
Continuing, she noted that, in 1993, family legislation had been amended to remove discrimination against women in marriage. Both spouses now had equal rights and responsibilities in marriage, joint responsibility for children and might jointly administer any property acquired during marriage. Following amendments to the Constitution and to the Civil Code, other discriminatory laws against women had also been amended. Such amendments were made to the laws including those regulating citizenship and income tax and social security legislation.
The expression “discriminatory” was defined by Malta’s Constitution, she said. The term “discrimination” extended not only to acts of Parliament, but also included subsidiary legislation by whatever designation. The 2002 Employment and Industrial Relations Act dealt with protection against discrimination in employment. The 2003 Equality for Men and Women Act included discrimination in employment and self-employment, educational, sexual harassment and advertising. The two laws aimed to actively contribute to the ongoing development of an inclusive society through the provision of quality-personalised services and by assisting individuals, families and communities to fight social exclusion.
She said that, under Maltese legislation, any form of violence was forbidden, regardless of the sex of the victim who suffered such violence. The Criminal Code, however, made a distinction when dealing with bodily harm.
Where bodily harm was inflicted on a pregnant woman, the crime was subjected to a much higher punishment.
The current draft law on domestic violence, which was submitted to the Attorney General’s Office, contained a number of “orders” that would afford constraints to the perpetrator and protection for the victim.
On the issue of employment, she noted that part-time employment was an overwhelming phenomenon that had characterised women’s movement into market work.
It was a form of employment that had encouraged women with familial obligations to participate in the paid workforce. The 1996 Part-Time Work National Standard Order provided for pro-rata benefits of all leave, including for vacation, sickness, birth, bereavement, marriage and injury. Non-market work included household production.
Volunteering had no exchange value and was not included in national statistics. Full-time housewives did not benefit from a home-care allowance and were not entitled to a pension when they reached the age of 60.