The Malta Independent 17 May 2024, Friday
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‘Femicide law is not discriminatory, it protects victims of domestic violence’ – Minister

Semira Abbas Shalan Tuesday, 15 February 2022, 16:56 Last update: about 3 years ago

The government condemns all forms of physical and psychological violence irrespective of the person's gender or sex, Equality Minister Owen Bonnici said in reaction to criticism the government has received over the femicide bill.

Bonnici, speaking in Parliament on Tuesday, maintained that the femicide bill is crystal clear on its objective to further prevent domestic violence cases in the country.

The bill's aims are to make provisions in the Criminal Code in respect of the punishment for wilful homicide or attempted wilful homicide when this amounts to femicide or attempted femicide, also proposing the elimination of femicide from qualifying as excusable homicide on the ground of sudden passion, he said.

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Bonnici pointed out that scientifically and statistically, there far more women who fall victim to violence by men, than there are men who are victims of violence by women. He noted that women are in a state of inequality due to patriarchal and misogynistic mentalities within the country which should have stopped long ago. The government is committed to eradicating this inequality, Bonnici said.

"It is because of this reality that there is the need to add the crime of femicide to our laws, to put forth a strong message that gender-based violence is not acceptable nor tolerated," Bonnici remarked, adding that domestic violence against women plagues societies across the world, but specifically in Malta.

"NSO statistics have shown that in 2019, 2,565 individuals have reached out to services for domestic violence victims, 80.2% of which - meaning eight out of ten - were women," Bonnici highlighted. He said that there was a 41.2% increase in the number of reports of domestic violence between 2016 and 2019.

Bonnici pointed out that of the 17 murders that occurred between 2018 to 2021, domestic violence was the most prevalent motive, amounting to seven of the 17 cases.

These statistics show that in many cases, the motive for femicide stems from domestic violence, where the risk is greater if the victim and the perpetrator know each other, he said.

"With this bill, the Maltese government is once again at the forefront, providing a shield for these victims, proposing to introduce femicide, or rather, to clarify femicidal circumstances, in our laws," Bonnici said.

In the case of the murder of a woman, where there is proof of femicidal circumstances, the offender receives a harsher sentence than the one currently in place, as the perpetrator would not benefit from certain mitigations in the penalties that the courts may apply after the conviction, Bonnici explained.

The same concept is extended on the grounds of sudden passion, which then ceases to be excusable in the case of homicide in femicidal circumstances as well as in cases of attempted femicides.

Bonnici condemned the stance taken by candidates of the Nationalist party against the amendment of the bill, where the argument was that it was discriminatory. He noted that the proposal came from an NGO after discussions and consultations with experts and academics.

He maintained that Article 4 (4) of the Istanbul Convention which discusses violence against women says that "Special measures that are necessary to prevent and protect women from gender-based violence shall not be considered discrimination under the terms of this Convention."

"If the legislator, the judge, and the professional, does not understand that violence against women occurs because of gender inequality, then we can never truly protect women from violence," Bonnici remarked.

Bonnici pointed out Malta's advances in the fight against domestic violence and gender-based violence, by revising the strategy in June 2021 which included holistic policies ensuring that the laws truly protect victims, prevention strategies which aim to raise awareness, immediate protection and support, as well as more assistance towards the police force in providing more training and legislative powers so that they can respond immediately to reports of domestic violence.

The Maltese government had introduced the Gender Based and Domestic-Violence Police Unit in October 2020, the Victim Support Unit in April 2021 as well as the recent Housing Rental Scheme, which was extended to victims of domestic violence, Bonnici said.

Training in Sexual Assault Management for professionals and frontliners in the health sector was also introduced in November 2021. He mentioned also the 179 Supportline, further supporting the government's efforts in this regard, Bonnici noted.

The government has also started a pilot project, Safe Dates, which is a preventative program in collaboration with the Commission against Domestic Violence and the Ministry for Education, given to secondary school students in their PSCD lessons, to inform students about dating abuse. 


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