Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Malta (Ratification: 1968)

Legislative developments. Indirect discrimination. The Committee notes with interest the 2009 amendments to the Equality for Men and Women Act, pursuant to which a new section, 4A, has been added, providing that “indirect discrimination may be proved by any means of evidence including statistical evidence”. The Committee considers that such provisions facilitate proof of indirect discrimination and access to appropriate remedies. The Committee asks the Government to provide information on the practical application of the new section 4A of the Equality for Men and Women Act, including any cases brought alleging indirect discrimination and the results thereof.

Grounds of discrimination. Social origin. For a number of years, the Committee had been pointing out the lack of legislation to address discrimination on the ground of social origin. The Committee notes that the Government has still not provided any information on the measures taken or envisaged in law or in practice to address discrimination on the ground of social origin. The Committee therefore once again asks the Government to provide information on any progress made in this respect, and to take the necessary measures to ensure protection against discrimination on at least all the grounds enumerated in Article 1(1)(a) of the Convention.

Sex discrimination. With regard to the period of employment service of female employees accumulated prior to the time they were required to resign due to marriage, the Committee asked the Government to indicate how many women were still in service whose pensionable remuneration would be negatively affected by the fact that they had been forced to resign due to marriage prior to 1980. The Committee notes with regret that the Government has once again not provided a reply on this issue. The Committee, therefore, urges the Government to take necessary measures to address the issue that the period of service before marriage is not recognized for the purposes of calculating pensions, thereby placing re-employed women at a distinct disadvantage.

Sexual harassment. The Committee had previously asked the Government to provide information on the practical application of section 9 of the Equality for Men and Women Act, which defines sexual harassment in employment and occupation. The Committee also observes that section 29 of the Employment and Industrial Relations Act prohibits sexual harassment. In addition, the Committee notes that, the public service has issued “Guidelines on what constitutes sexual harassment and on the procedures to be adopted in cases of sexual harassment”, which deals with, inter alia, training, assistance for victims and complaint procedures. The Committee asks the Government to provide information on the practical application of the public service guidelines on sexual harassment, including the impact on preventing and addressing sexual harassment. Please also provide information on the number of complaints lodged pursuant to section 9 of the Equality for Men and Women Act, and section 29 of the Employment and Industrial Relations Act, as well as the remedies provided and/or penalties imposed. The Committee also requests information on measures taken or envisaged to raise awareness on sexual harassment, both quid pro quo and hostile environment, in the private sector.

The Committee is raising other points in a request addressed directly to the Government.