COMMITTEE ON ELIMINATION OF DISCRIMINATION AGAINST WOMEN CONSIDERS REPORT OF MALTA

The Committee on the Elimination of Discrimination against Women has considered the fourth periodic report of Malta on how that country implements the provisions of the Convention on the Elimination of All Forms of Discrimination against Women.

Introducing the report, Paul Zahra, the Acting Permanent Secretary of the Ministry of Education, Employment and the Family of Malta, said that one of the main legislative developments that enhanced gender equality in Malta was Chapter 456 of the Laws of Malta, the Equality for Men and Women Act. This legislation, which came into force in 2004, safeguarded equal treatment in employment, education and financial services on the grounds of gender and family responsibilities. By virtue of this legislation, the National Commission for the Promotion of Equality was set up with the aim of enhancing equal treatment in all social and economic spheres of Maltese society. Nevertheless, Malta constantly sought to safeguard gender equality and the advancement of women through enhancing current legislation.

In fact, the National Commission for the Promotion of Equality also worked to prevent direct and indirect discrimination as well as sexual harassment on the grounds of gender in the provision of goods and services, Mr. Zahra said. As a result of this legal development, the functions of the Commission were extended to safeguard gender equality in this sphere, and specifically to: provide independent assistance to victims of discrimination in pursuing their complaints about discrimination; conduct independent surveys concerning discrimination; and publish independent reports and make recommendations on any issue relating to such discrimination.

Questions and issues raised by Experts during the discussion included concerns regarding violence against women, including domestic violence and rape. Many Committee Experts asked why rape was defined as a crime against the family and expressed concerns about subsuming an attack on a woman’s right into the group rights of the family. Along these lines, questions were also asked about shelters in the country and other resources available to female victims of violence. Several Committee members raised questions about human trafficking in Malta and what was being done in the areas of prevention, protection and punishment to combat this crime. Several questions were raised about the National Commission for the Promotion of Equality and how it was funded, staffed, what powers it enjoyed, how many cases it had heard and the outcomes of these cases. The delegation of Malta was also asked about reservations it had to the Convention, including to a subparagraph of Article 16 regarding the legalization of abortions. Other topics of discussion included women’s participation in the workforce, women’s participation in political and public life, and discrimination faced by lesbian, gay, bisexual and transgendered women.

In concluding remarks, Mr. Zahra thanked the Committee for the interactive session on such an important subject and said he appreciated the comments, questions and suggestions from Committee members on how Malta could achieve better life opportunities for Maltese women.

Also in concluding observations, Silvia Pimentel, Acting Committee Chairperson, thanked the delegation of Malta for its report and the frank discussion which would hopefully bear some fruit. Ms. Pimentel commended Malta on various legislative and policy measures enacted to achieve gender equality, but Committee members would like to see the provisions of the Convention implemented in Malta in various areas such as employment, education and public and political life.
The delegation of Malta included representatives from the Ministry of Education, Employment and the Family, the National Commission for the Promotion of Equality and the Permanent Mission of Malta to the United Nations Office at Geneva.

The next public meeting of the Committee will be on Wednesday, 13 October at 10 a.m., when the Committee will begin consideration of the combined fourth through seventh periodic reports of Uganda (CEDAW/C/UGA/7).

Report of Malta

The fourth periodic report of Malta (CEDAW/C/MLT/4) states that in December 2005, the Domestic Violence Act was passed through Parliament. The Act contains essential protective measures for victims and dependents, including the introduction of harassment (including stalking) and the causing of others to fear violence as a crime and terms providing for Protection Orders and Restraining Orders which may be issued by the court and which may include physically restricting the perpetrator’s access from those places where the perpetrator lives, works or frequents. Through the enactment of this law and the consequential amendments made to the Criminal Code, criminal charges may be filed by anyone, not just the victim, therefore releasing the onus of such reports from the person who is being abused and permitting the Police to act ex officio. The law also permits the court to issue Treatment Orders requiring perpetrators of violence to undergo treatment for their behavior.

In recent years, two Acts which were passed through the Maltese Parliament strengthened the principle of equal treatment between men and women and the position of women in the labour market. These are the Employment and Industrial Relations Act, Chapter 452 of the Laws of Malta, which entered into force in 2002, and the Equality for Men and Women Act, Chapter 456 of the Laws of Malta, which entered into force in 2003. Within the legal framework of the Equality for Men and Women Act, the National Commission for the Promotion of Equality was entrusted as the national machinery responsible for the promotion and the enforcement of equality. It an autonomous agency and its role includes analysing and consulting on the necessary initiatives that can be taken to enable women to actively participate in political, social, cultural and economic life of the country. The National Commission for the Promotion of Equality monitors efforts to bring national laws in line with the principle of gender equality. The Commission’s main objective is to achieve equality of outcomes by promoting de facto equality rather than de jure equality. The National Commission for the Promotion of Equality processes complaints received by persons who feel that an injustice had been suffered on the grounds of their sex. The Commission coordinates on policy issues regarding equality with different Ministries, departments, as well as voluntary organizations and trade unions.

Presentation of Report

PAUL ZAHRA, Acting Permanent Secretary, Ministry for Education, Employment and the Family of Malta, presenting the fourth periodic report of Malta, noted that one of the main legislative developments that enhanced gender equality in Malta was Chapter 456 of the Laws of Malta, the Equality for Men and Women Act. This legislation, which came into force in 2004, safeguarded equal treatment in employment, education and financial services on the grounds of gender and family responsibilities. By virtue of this legislation, the National Commission for the Promotion of Equality was set up with the aim of enhancing equal treatment in all social and economic spheres of Maltese society. Nevertheless, Malta constantly sought to safeguard gender equality and the advancement of women through enhancing current legislation.

In particular, Mr. Zahra said, Legal Notice 181 of 2008: Access to Goods and Services and their Supply (Equal Treatment) Regulations 2008, had come into force in 2008. Through this Legal Notice, the National Commission for the Promotion of Equality had its remit widened to safeguard gender equality in the access to and supply of goods and services. In fact, the National Commission for the Promotion of Equality also worked to prevent direct and indirect discrimination as well as sexual harassment on the grounds of gender in the provision of goods and services. As a result of this legal development, the functions of the National Commission for the Promotion of Equality were extended to safeguard gender equality in this sphere, and specifically to: provide independent assistance to victims of discrimination in pursuing their complaints about discrimination; conduct independent surveys concerning discrimination; and publish independent reports and make recommendations on any issue relating to such discrimination.

Mr. Zahra went on to say that since its inception the National Commission for the Promotion of Equality had contributed to various achievements in relation to gender equality. In particular, the National Commission for the Promotion of Equality empowered various stakeholders as well as the general public on their rights and responsibilities through training and awareness raising campaigns. The National Commission for the Promotion of Equality also provided policymakers with valuable information and data through the research studies it conducted. Mr. Zahra said that the National Commission for the Promotion of Equality also investigated complaints of discrimination and promoted gender equality when giving feedback or advice in matters related to its remit. Throughout its commitments, the National Commission for the Promotion of Equality fostered a good working relationship with non-governmental organizations, civil society organizations, trade unions, employer associations, government departments and entities as well as other organizations that worked to safeguard gender equality and to promote men’s and women’s rights. Indeed, members of these organizations were invited to give their opinions and to share their experiences in various consultation meetings, particularly when developing measures and initiatives as part of European Union co-funded projects.

Turning to the participation of women in political and public life, Mr. Zahra said that safeguarding equal treatment between men and women in political and decision-making positions was fundamental to ensuring equality of opportunities for both genders. Although women were underrepresented in the National Parliament (8.7 per cent in 2008), the number of women elected to Local Councils was on the rise. In fact, 19.8 per cent of Local Councillors were female. Although there were no formal mechanisms in place to ensure that women were appointed to positions in national government, very often elections at the Local Council level served as a springboard to higher echelons in political life. Hence, the increase in female representation at the Local Council level was likely to bring about an increase in the number of female Members of Parliament in the long term. Similarly, the number of female candidates participating in the Members of European Parliament election had also increased throughout the years, reaching 23.5 per cent in 2009, up from 7 per cent in 2004.

Mr. Zahra went on to say that the number of female legislators, senior officials and managers was gradually increasing, reaching 22 per cent in the first quarter of 2010. Consequently, in order to continue encouraging and empowering women to participate in decision-making positions, the National Commission for the Promotion of Equality would be carrying out research as part of the European Union co-funded project, “Unlocking the Female Potential”. This research would identify the reasons underlying the “glass ceiling” and “glass cliff” in the labour market, and would identify and analyse the main factors that hindered women from occupying managerial positions in employment.

On the issue of women in the workplace, Mr. Zahra told the Committee that the female employment rate in Malta was gradually increasing, reaching 38.5 per cent in the first quarter of 2010, and the majority of women participating in employment, 72.5 per cent, had a full time job. Nonetheless, in order to motivate women to remain in or return to the labour market, fiscal measures were available to female employees and inactive women. In fact, fiscal advantages were available to more families, in particular mothers who returned to the labour market after a five year absence could benefit from a one year exemption from income tax for every child under the age of 16; and mothers already employed or who had not been absent for five years after childbirth benefited from a one year exemption from income tax for all children born from 2007 onward. In addition, in 2008 paid maternity leave was increased by an additional week to 14 weeks. This enhanced the protection of pregnant workers, workers who had recently given birth and workers who were breastfeeding.

Mr. Zahra then turned to the issue of education equality in Malta. All school children had access to free education and shared the same National Minimum Curriculum. Also, kindergarten (from 3 years of age) was free of charge for children and constituted part of the formal education structure. With regard to tertiary education, female graduates outnumbered males with 59.4 per cent of graduates in 2008-2009 being women. Courses which were once marked by a clear gender demarcation were now being broken down, where both sexes had the opportunity to follow studies which were once thought to be traditionally female or male. Nonetheless, male students were more likely to opt for scientific and technical courses, whereas female students were more inclined to pursue studies in humanities, health and care-related subjects.

In terms of healthcare, Mr. Zahra said Malta had a longstanding commitment to support initiatives aimed at reducing preventable maternal mortality and morbidity, while respecting the dignity and rights of both the mother and the unborn child. In fact, the Health Division offered comprehensive obstetric services ranging from antenatal care through delivery to the postpartum period. All services offered by the State were free and easily accessible to all mothers in Malta. In this regard, maternal mortality in Malta was low, with only four registered maternal deaths between 1998 and 2007. Also, in 2007 the Health Care Services Division within the Ministry of Social Policy set up the Malta Breast Screening Programme with the aim of enhancing early diagnosis and treatment of breast cancer. To this end, women aged between 50 and 60 would be called for screening over the next three years.

Mr. Zahra told the Committee that Malta pursued a zero tolerance approach to violence and various initiatives had been undertaken in recent years to raise awareness and combat gender based violence. Particularly, the Domestic Violence Act, which came into force in February 2006, enhanced the protection of household members against domestic violence and set up the Commission on Domestic Violence. This Commission established a number of subcommittees to enable it to meet its functions.

In closing, Mr. Zahra said that various legal and policy developments safeguarded equal treatment between genders and strengthened the national machinery for gender equality in Malta. In addition, such developments were complemented by other initiatives to bridge the gap between de jure and de facto equality between genders. Such initiatives had led to significant progress and positive outcomes. Nonetheless, Mr. Zahra acknowledged that challenges to bridge the gap between de jure and de facto equality remained. In particular, cultural and social changes occurred at a gradual pace. Yet, continuous commitment and efforts to mainstream gender equality in all social and economic policies and measures, alongside respective awareness-raising on equality rights and responsibilities, were crucial to safeguarding gender equality in society at large.

Questions by Experts

Among questions and issues raised by Committee Experts, the delegation was asked about Malta’s reservations to the Convention regarding abortions. Were there any plans to change Malta’s stance on abortions, which were illegal in the country?

Another Expert noted that Malta had not ratified the Optional Protocol to the Convention. Could the delegation explain why the Government was so reluctant to give the women of Malta the right to raise alleged violations of rights at the international level? In terms of access to justice, only one case of gender discrimination had been decided by the constitutional court. Why was that? Was the judiciary and legal profession not aware of women’s rights under the Convention, or perhaps women themselves were not aware of their rights under the Convention? What was the relationship between the Office of the Ombudsman and the National Commission for the Promotion of Equality? The Committee Expert also asked what was being done to combat multiple discrimination against gay, lesbian, bisexual or transgendered women who faced discrimination not only because of their gender but because of their sexual identity.

The next Committee member to speak asked whether the National Commission for the Promotion of Equality included dedicated personnel with appropriate expertise and whether these people were appointed or selected some other way. How many cases had the National Commission for the Promotion of Equality taken care of and what were the outcomes of these cases? What power did the Commission have, how did it work with parliament, the judiciary and other bodies, could it work on the eradication of discriminatory measures that persisted in certain laws, what was the composition of the Commission and how did it plan to promote discussion of the reservations?

A Committee member asked whether there were any temporary special measures aimed at accelerating de facto equality.

Response by Delegation

Responding to questions, the delegation said, with regard to reservations to the Convention, that the Maltese authorities needed more time to assess the full ramifications of the Optional Protocol as well as other provisions of the Convention to which they registered reservations. It was not clear at this stage to the authorities in Malta what impact the subparagraph of Article 16 dealing with abortion would have on the State. European Union membership had added an impetus to the discussion of and awareness-raising about gender equality and had also added money and assistance to help ensure that the process of ensuring equality, which had already started, gained momentum and that the structures were in place to guarantee this equality.

The delegation could not say why so few cases alleging gender discrimination had been filed, but judges and prosecutors were aware of the laws and the awareness-raising was ongoing and the National Commission for the Promotion of Equality was also active in this area. It was also important to consult as widely as possible with key stakeholders, going beyond the public sector to the private sector and non-governmental organizations.

The delegation was not aware of any temporary special measures to deal with quota regimes or other aspects of de factor equality. European Union membership had enabled Malta not only to provide the resources to ensure there was an impetus for gender equality, but it was also engaged in a wider European discussion in this area so European Union membership had enabled Malta not only to legislate laws for the State, but also to make a contribution to the wider discussion and widen the perspective and areas of opportunities.

Since its inception in 2004, 246 cases had been lodged with the National Commission for the Promotion of Equality, including 20 cases of sexual harassment and 3 cases of employment discrimination based on gender. Awareness-raising campaigns were ongoing and the National Commission for the Promotion of Equality was staffed by dedicated people with the expertise to carry out the mandate of the office. As for procedures for lodging a complaint, a person had three remedies. They could apply to the National Commission for the Promotion of Equality, the Industrial Tribunal or the civil court. All complaints filed with the National Commission for the Promotion of Equality were confidential and this helped especially in cases of sexual harassment as Malta was a small country and it helped people feel comfortable coming forward if they knew their identity would be kept confidential. If someone filed a complaint with the Industrial Tribunal or the civil court, the case would not necessarily remain anonymous. Training was also ongoing for the judiciary to ensure they knew how to apply and enforce the legislation, as legislation by itself was not enough and implementation was just as important.

As for lesbian, gay, bisexual and transgender issues, awareness-raising was very important especially among school children as bullying was a big problem and this was being addressed in secondary schools through discussions on sexual orientation.

Another ongoing project was a review of the social security system to determine whether there was any gender discrimination in the pension system.

Follow-Up Questions by Experts

In a second round of questions and comments, Experts asked what the budget of the National Commission for the Promotion of Equality was and how many people were on the staff.

Response by Delegation to Follow-up Questions

Responding to those questions, the delegation said the budget of the National Commission for the Promotion of Equality was 250,000 Euros, but this was in addition to other funds allocated to the Commission from other sources to fulfil its mandate. In 2007, more than 900,000 Euros were made available to the Commission and in 2008 that figure was 1.4 million Euros, while in 2009 that figure was over 1.6 million Euros. The core staff consisted of 10 staff members and 2 service providers, but additional staff could be recruited based on the projects that the Commission was working on.

Questions by Experts

In a series of questions and comments on Articles 5 and 6, Experts asked a number of questions on domestic violence such as what had delayed the adoption of the national action plan on prevention of violence against women. Also, had the work of the National Commission for the Promotion of Equality been evaluated to determine its effectiveness? Who provided the legal assistance to victims of domestic violence? How many shelters were available, were children separated from their mothers when they went into shelters, and was the victimized woman removed from the marital home versus the perpetrator? Did justice system personnel (judges, police, prosecutors) cooperate with agencies that worked with women who were victims of violence?

Experts asked whether any studies had been done looking into the division of chores in families and the use of time in the country? Did men help out with childcare and household chores or did all these responsibilities fall to women? Who was considered the head of household? Was it always the man? Rape was included as crimes against peace and honour of families and morality, but how could a woman’s individual dignity be subsumed into the morality of the family? Rape was perpetrated against an individual, not a family and this should not be subsumed into a group right. Were any steps being taken to amend the criminal code or had any changes already been made, in line with the Committee’s recommendation? What was being done to address marital rape and sexual offenses in the workplace? A comprehensive law dealing with all sexual offences, clearly defined and in line with human rights, would give due protection to victims and ensure prosecution of perpetrators.

Had any studies been done on the dropout rate of women in the workforce? It was not the best use of resources to train people and then they dropped out of the workforce to raise children.

Another Expert asked what was being done to combat human trafficking and to assist women and children who may be victims of trafficking. An Expert expressed concern about undocumented migrants being trafficked and there was little information in the report regarding migrants in the country, prostitution and protective measures for trafficked women. How did the Government of Malta work with the countries of origin for these migrants for prevention and for bringing traffickers to justice? In dealing with trafficking, coordination among various authorities was needed (police, immigration officers, social workers, medical officers, etc.). Was there a coordinating mechanism in place with a multidisciplinary and multi-sectoral approach, and if so, how did it work?

Response by the Delegation

The delegation responded that the Domestic Violence Act of 2006 was a new act and it worked on a number of fronts and research was ongoing, but the impact of the law on the ground would emerge as time went on. The Commission dealing with domestic violence had brought a number of things to the attention of the Government for further action and reflection. In terms of shelters, the Government worked with non-governmental organizations, the church and other organizations to provide adequate facilities for cases that deserved immediate action and protection.

In terms of women in decision-making positions, there were only two female ministers, but they were responsible for more than 50 per cent of budget outcomes in any given year. On the issue of women in the workforce, the delegation agreed that it made no sense to invest in people who then dropped out of the workforce because Malta had no resources other than its people. It was important for the Government to continue to promote family friendly measures and lead the way for private business and set the tone. Adopting polices that allowed people to return to work after having children was a win-win situation for the economy, the Government and the employee. With regards to childcare, there were 40 centres in the country and the provision of childcare was important and thus the State had introduced various fiscal scenes to encourage private investment in childcare centres and to lower the costs for parents. There were also funds available for existing childcare centres for upgrades and expansion so the goal was to create more childcare centres at a reasonable rate that parents could afford.

The issue of trafficking was of concern in Malta from a policymaking point of view as well as an administrative point of view. The State played an interactive part in the international fora that addressed these issues to talk about the entire process, not just the end result. Malta tried to help source countries and tried to identify the origins of these immigrants by sea and air.

There were currently no statistics on who was defined as head of the household in Malta. Regarding the crime of rape, the delegation said the judiciary had interpreted the provisions of the criminal code quite extensively and violence did not only need to be physical, but it could be psychological as well and to their knowledge the law as currently in use had not kept any cases from coming forward. However, the delegation said that it would look at the law in a new light now that the Committee had raised the issue and this was why the delegation was here, to get new ideas and ways of looking at things.

Sexual harassment was something that had been the subject of huge discussions and women were breaking their silence surrounding this issue and coming forward. The request for the consolidation of legislation concerning violence against women would be taken under consideration to see if this could bring greater efficiency and effectiveness.

Turning to the reasons why women dropped out of the labour force, the delegation said this would be addressed in their research “Unlocking the Potential” and there was also research being done on the area of the life chances of teen mothers and once this research was completed this would inform the way forward in creating policies.

Domestic violence was being addressed not only from a prevention aspect, but also in terms of services to victims, but also rehabilitation of perpetrators.

Questions by Experts

In additional questions and comments, an Expert expressed concern about using the private sector to provide childcare. On prostitution, were non-governmental organizations involved in addressing this issue?

A Committee member said that gender equality should be employed in the best interest of the child, and as such a woman suffering from abuse should be allowed to stay in the family home while the abusers were sent to shelters.

What concrete measures had been taken to address discrimination against lesbian, gay, bisexual and transgender women?

Response by the Delegation

The delegation wanted to assure the Committee that the Government’s policy to involve the private sector in providing childcare centres was not an abdication of the Government’s role in providing this service. While they were encouraged to invest, there was a clear role for the Government as a regulator and the private sector as an operator. The guidelines for owning and operating a childcare centre were very tough and no half measures were accepted when operating a childcare centre. Children could also start going to kindergarten at age 3, which were free of charge, so when speaking about childcare, they were often referring to children aged 0 to 3 years.

As for shelters for men, courts usually decided on the basis of the best interest of the child, but there were other issues such as who the matrimonial home belonged to. When a woman was a victim of domestic violence, usually the first thing she did was leave the home to escape and unfortunately women were usually dependent on their husbands financially. So it was important for a woman to be financially independent and for the judiciary to be sensitive to the implications of their decisions.

Training was important to address discrimination against members of the lesbian, gay, transsexual and transgender community, but they were working to implement more projects at the national level and gathering input from people who were working with non-governmental organizations on the ground.

Questions by Experts

In a further round of questions, Committee members noted that the participation of women in political life remained very low leading to gender stratification in society. There were however tried and tested measures that had been proven to increase the number of women in political life, including special measures such as quota systems and changes to election laws. Why had these measures not been employed in Malta?

A Committee member commented that there was a very large number of college educated women so it was not a lack of supply of capable women, and if political parties were subsidized by the State, their subsidies should be linked to the level of female representation. Women should also be represented internationally. There were also not enough women judges, female trade unionists or female parliamentarians.

The delegation was asked to elaborate on what concrete measures had been taken between periodic reports to increase the percentage of women in international posts. Since the State party report lacked data on the current positions occupied by women in international posts, could the delegation provide information on the number of female ambassadors? What was the current number of Maltese women in the European Parliament and what measures did the Government envisage to make women’s participation a reality in the European Parliament?

What kind of funding was provided to non-governmental organizations and to what extent were they consulted in the decision-making process?

On Article 9, a Committee member asked whether the State had any plans to ratify the 1954 Convention related to stateless persons or the 1961 Convention on the reduction of statelessness. Also, were there any procedures to address stateless women in the territory?

Response by the Delegation

Responding to these questions and issues, the delegation said there was no quota system when it came to the electoral process, but the goal of the Government was to highlight the role and importance of women in politics and to provide a level playing field. Political parties did not have a quota system to identify potential candidates at the local or national level and the Government could not use the suggestion that the funding of political parties be used to influence the decision-making process because there was no Government funding of political parties. Political parties themselves were embracing the idea that they had to put forward a wide array of candidates that represented society. At this time, there was no female Member of the European Parliament from Malta, but the delegation believed that as more and more women became involved at the local level this would trickle up to the national and international level by creating a pipeline of female politicians. There was no consensus on adopting quotas at this point, but rather the consensus was to let the process work by which more and more women would become involved at the local level and this would act as a springboard to the national and international levels. Women were being encouraged to enter political life as well. In terms of whether women had a voice inside the political parties, the delegation said that there was some representation within the party structures and this also augured well for the future.

Concerning the judiciary, the delegation said there were 2 female judges at present and 15 male judges and at the magistrate court there were 11 male judges and 8 female judges. Regarding female ambassadors, there were currently 12 female ambassadors and high commissioners. Some people were offered ambassadorships and did not want to relocate to a foreign country.

The delegation was not in a position to commit to ratifying both Conventions on stateless persons. The discussion was ongoing because of the legal and social and cultural issues that had to be taken into account with respect to that area.

The Government made a concerted effort to engage non-governmental organizations in the decision-making process, not only in a casual way but via formal structures. There was the Malta Council of Economic and Social Development and the Malta European Union Steering Committee, both of which included non-governmental organization representation.

Questions by Experts

A Committee member expressed concern about the high completion rate of women in college, yet the low participation rates in the labour force so what was being done via the national strategic plan to address this imbalance? What was also being done to address gender stereotypes in educational curriculum?

Another Expert stressed the need for a work/life balance in terms of helping women remain in the work force and asked the delegation what was being done in Malta to assist women in this regard. There also did not seem to be much information on the private sector in the State party report so what was being done to ensure that private employers were gender neutral and also what measures had been taken to bridge the pay gap between men and women as well as combat occupational segregation between male and female workers.

The next speaker noted that maternity leave was the absolute minimum required by the European Union so increasing this and offering paternity leave as well as guaranteeing childcare for children three years old and younger could help to address some of the problems of women in the workplace. Were there any numbers available on European Union citizens living and working in Malta as well as immigrant employment in the country? What was being done to increase the number of women in the managerial ranks? What was being done to ensure that women were not suffering from sexual harassment in the workplace?

Turning to issues of healthcare, the delegation was asked about the prevalence of HIV/AIDS in Malta as well as what was being done in the area of sexual health education. Did the Government envisage adopting universal measures such as sex education and the availability of condoms to combat HIV/AIDS among women and girls?

On the issue of abortion, the Committee Expert understood it was illegal in Malta, including for women who faced health risks. Was there the political will to change this policy? What was the prevalence of depression and post traumatic stress among women and did the healthcare system include psychosocial services for them? Did healthcare policy, which was supposed to be neutral, have a differential effect on women? Were there confidential services available for lesbian, gay, bisexual, and transgendered women? Did homophobic attitudes affect their access to healthcare? Could the delegation also elaborate on the national sex and reproductive healthcare policy as well as data on teen pregnancy?

A Committee Expert reiterated the call for the State to reconsider its stance on abortions because it was often the case that women who had economic resources could go abroad to obtain abortions, while poor women resorted to back alley abortions that endangered their health. Perhaps exceptions could be made in cases where the mother’s life was at risk.

An Expert expressed concern for women who did unpaid work such as caretaking, especially since employment was often used to determine pension and social security benefits.

Experts asked what was being done to address the needs of older women and single mothers and providing education of teenage mothers.

Response by the Delegation

The delegation said that the introduction of parental leave would help people to return to paid employment and this would provide an opportunity to female workers and would benefit the Government and the country as a whole by mobilizing the skills of the workforce. Parental leave was available to both men and women. Paid parental leave was not in consideration because of the current economic situation.

On childcare, the delegation reiterated that there were free facilities available for children over 3 years of age in public schools so parents were free to use such facilities. There were also the tax breaks available to women who had children and returned to work. There were family friendly measures that had been extended to managerial positions in Government.

In terms of sex education in public schools and private parochial schools, the national minimum curriculum had to be followed in all schools regardless of whether it was public or private, religious or secular. Sex education was provided in schools at the appropriate level and was comprehensive.

Malta was a small island so the proximity of rural areas to urban areas meant that it was easier to respond to the needs of rural places, such as providing clean drinking water.

On sexual harassment, the delegation said a study was being undertaken to look into underreporting of sexual harassment complaints. According to statistics, maternal mortality in Malta was very low, cervical cancer was still uncommon with 10 new cases being diagnosed every year although pre-cancerous cells were being discovered at a higher rate which was of concern. An organized cervical cancer screening programme was under consideration as was an HPV inoculation campaign.


Additional Questions by Experts

An Expert said that the prohibition on divorce had a disproportionate effect on women and thus was de facto discriminatory against women. Even the degree of separation that was offered was based on fault grounds and this was very harsh in terms of human rights, autonomy and liberty. Turning to the marriage age, the Committee member said there seemed to be contradictory information in the report and asked for clarification on whether the legal marriage age was 18 or 16. Had there been any research done into how many people lived in de facto partnerships rather than getting married? With respect to property distribution, did this include intangible assets as well as tangible assets?

Response by the Delegation

The delegation said that the discussion surrounding divorce in Malta had gained momentum in recent months after a Member of Parliament proposed legislation to change divorce laws. So the discussion was taking place of how best to address the situation, whether through a referendum or through the political parties or through the legislature.

The marriage age was 18, but 16 year olds could get married with parental consent. All assets were included when determining allocation of community property. There was a difference between separation and divorce so someone who was separated was still legally married and could not remarry because they were legally contracted to someone else.

The delegation said Malta had a sexual education policy that would address sexual health from all aspects. Regarding the dissolution of de facto unions and allocation of spousal support, Malta had a non-contributory pension system so no one would be left out in the cold without protection. Even if you had never worked a day in your life you were still entitled to social security and social benefits. Single motherhood was on the rise and the factors giving rise to this scenario were being studied.

Concluding Remarks

In concluding remarks, PAUL ZAHRA, Acting Permanent Secretary, Ministry for Education, Employment and the Family of Malta, thanked the Committee for the interactive session on such an important subject and said he appreciated the comments, questions and suggestions from Committee members on how Malta could achieve better life opportunities for Maltese women.

Also in concluding observations, SILVIA PIMENTEL, Acting Committee Chairperson, thanked the delegation of Malta for its report and the frank discussion which would hopefully bear some fruit. The Committee commended Malta on various legislative and policy measures enacted to achieve gender equality, but Committee members would like to see provisions of the Convention implemented in Malta in various areas such as employment, education and public and political life.


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CEDAW10/023E