The Malta Independent 3 November 2026, Tuesday
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Discrimination, court sitting and tourists

Mark Said Thursday, 24 September 2026, 07:57 Last update: about 2 months ago

The government truly has no good or serious intentions to transpose Protocol 12 to the European Convention on Human Rights (ECHR), which creates a free-standing right to equality and non-discrimination, into domestic law.

Policy and legislation can effectively tackle discrimination and inequality based on age while safeguarding human rights.

Ageism is a specific type of discrimination that builds on the terminology of sexism and racism.

Ageism remains a stark absence from the grounds of discrimination laid down and protected under Article 45(3) of the Constitution.

Ageism refers to stereotypes (how we think), prejudice (how we feel), and discrimination (how we act) towards others. Ageism affects everyone.

Discriminatory treatment on grounds of ageism is found mostly in the workplace, where older workers are actively discriminated against, with a mindset assuming that it's natural for older workers to make way for younger ones.

Early retirement schemes represent some of the most egregious forms of discrimination against older workers, who are initially marginalised and subsequently pushed out of the workforce in what can best be characterised as "effective dismissal".

Ageism is a cultural illness, not a personal illness, and the government can start addressing it by simply adding ageism as another ground of discrimination from which Article 45 offers protection and transposing the above-mentioned Protocol 12 into domestic law.

                                                           An unjust discrimination

After De La Salle College, Stella Maris College and others announced the introduction of co-education for Year 1 students which began the 2025/26 academic year, other church schools continue to show reluctance in adopting this shift towards co-education.

No fewer than 12 traditional girls' schools within the Church system have resolutely maintained their stance against adopting co-education, while all traditional boys' schools affiliated with the church have chosen to transition to co-education.

This situation results in significant and unjust discrimination against parents who are adversely affected by the admission regulations for church schools.

The church school ballot in Malta allows siblings to apply under the first criterion for admission. The definition of 'siblings' is each of two or more children or offspring having one or both parents in common, i.e., a brother or sister. However, this inconsistency applies to certain church schools in relation to the ballot application process.

Mixed-gender schools have consistently accepted all siblings. With the amalgamation of schools and the transition of others to co-education, both boys and girls are now included in the same educational environment.

The reality is that some church schools still do not provide this option. Some girls attend a girls-only school and have brothers who cannot apply through the siblings' criteria, and vice versa.

No justification can be found for such blatant discrimination, which places these parents and their children at a great disadvantage.

An explanation and feedback from the Secretariat for Catholic Education would be greatly appreciated, particularly regarding the apparent inconsistencies in the sibling admission criteria at church schools.

                                                   A novel way of hearing court cases

 It is a fundamental principle of justice that justice must not only be done but also be seen to be done.

Recently, a judge set a precedent by affirming that the public has every right to follow all judicial proceedings, thereby giving a new and modern dimension to this aspect of justice. The judge in question was forced to hear cases from two tables in a corridor at the Law Courts after the courtroom assigned to her was occupied and no other hall was available.

The sitting was in full public view and within excellent hearing distance of all who were present in the corridor at the time.

If space problems continue to haunt our court building with the regular increase in our judiciary, we are bound to see such unbecoming scenes regularly unless the justice ministry and the court services agency tackle this chronic, pressing issue as soon as possible.

                                          Record numbers, poor quality

According to a Deloitte Malta survey presented at the MHRA Malta Hospitality Forum, the first quarter of this year, when compared to last year's first quarter, recorded more tourists and guest nights, but the average visitor stayed for fewer nights and spent less.

In practical terms, those statistics translate to an increased number of tourists congesting our roads, placing additional strain on our basic infrastructure, and potentially causing inconvenience to residents in popular areas. Furthermore, more foreigners are renting or occupying overnight accommodations, yet contributing less financially to our economy.

This trend has been developing over the past few months, and if it continues despite potential remedial measures, we will be far from achieving the goal of quality tourism.

It is perplexing and rather misleading for the tourism authorities to regard these statistics as a sign of a flourishing 'quality' tourism industry.


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