The National Commission for the Promotion of Equality (NCPE) finds the report entitled Study shows that nurses are sexually harassed by patients, colleagues and superiors (TMIS, 15 April) another confirmation of the common occurrence of sexual harassment and the current lack of empowerment of the victims of such harassment to take action.

The Commission would therefore like to inform the public that sexual harassment in the workplace is a prohibited form of gender discrimination, and is unlawful under Cap. 456, of the Laws of Malta, Equality for Men and Women Act, which states that: It shall be unlawful for any person to sexually harass other persons; to subject other persons to an act of physical intimacy; to request sexual favours from other persons; to subject other persons to any act or conduct with sexual connotations, including spoken words, gestures or the production, display or circulation of any written words, pictures or other material, where the act, words or conduct is unwelcome to the persons to whom they are directed and could reasonably be regarded as offensive, humiliating or intimidating to the persons to whom they are directed; or the persons so subjected or requested are treated less favourably by reason of such persons’ rejection.

The NCPE has worked incessantly over the last three years to inform the public about the provisions of this Act, and has placed particular focus on sexual harassment. In fact, in 2005 the Commission published a document entitled Sexual Harassment – a code of practice, which clearly explains the provisions of the law, the legal redress available to the victims, and the obligations of the employer to take action to prevent both the occurrence and perpetration of sexual harassment. Importantly, the protection afforded in this legislation covers both employees and customers.

The commission would also like to point out that victims of such discrimination should feel confident to take action against their harassers. Maltese legislation, in fact, protects victims of discrimination against victimisation as well, and persons who have been subjected to any form of discrimination, be it direct or indirect, or to sexual harassment are also protected against any further discrimination during or after the period while their complaint is being heard.

The most important message passed by Maltese legislation in fact is that there is no single instance in which sexual harassment is justified. The argument that is sometimes put forward that the harassers were provoked into harassing the victim (due to the victim’s choice of clothes, etc.,), cannot be taken any more seriously than a snatch and grab thief who argues that s/he had the right to snatch the goods due to the fact that the said goods were “on display”. Victims of harassment should inform their manager/employer as soon as such an incident occurs. Alternatively, they may present a complaint to the NCPE, laying out all the details of the case, including the name of the harasser, a description of the type of harassment suffered and other relevant details.

A Complaint Form has been prepared specifically to guide the complainant in the writing of the complaint. This is available at all local council offices and can also be downloaded from the commission’s website:

[email protected] and found under Services.

Finally, prospective complainants should be aware that all complaints presented to the NCPE are dealt with in a confidential manner.

Therefore the commission urges all those who are discriminated against in employment, education or the provision of financial services to take action. The NCPE is available on Tel: 2590-3850 during office hours, on email at [email protected], or by post at Gattard House, National Road, Blata l-Bajda HRM 02.

Copies of Sexual Harassment – a code of practice may be obtained from the same address, free of charge, or downloaded from www.equality.gov.mt.

Gertrude Farrugia

National Commission for the

Promotion of Equality