Statement by the Committee on the Elimination of Discrimination against Women on its relationship with non-governmental organizations
45th session
1. The Committee on the Elimination of Discrimination against Women (hereinafter “the Committee”) considers that its close cooperation with non-governmental organisations (NGOs)1 working on women’s human rights is essential for the promotion and implementation of the Convention on the Elimination of All Forms of Discrimination against Women (hereinafter “the Convention”) and its Optional Protocol.
2. The purpose of this statement is to clarify and strengthen the Committee’s relationship with NGOs and to enhance the role of NGOs in the implementation of the Convention by States parties at the national level.
3. NGOs play a strategically important role and contribute to the Committee’s activities before and during the monitoring procedures of the Convention and its Optional Protocol and often have a catalytic role in enhancing implementation of the Convention at the national level. Since 1988, NGOs have submitted alternative/shadow reports for the Committee’s consideration of State party reports. The sixth Meeting of Chairpersons of Human Rights Treaty Bodies in 1995 stressed the central function of NGOs to provide reliable information necessary for the conduct of activities of the treaty bodies. As a result of these developments, the Committee included in its Rules of Procedures as revised in 2001 Rule 47 on NGOs which stipulates: that “Representatives of non-governmental organizations may be invited by the Committee to make oral or written statements and to provide information or documentation relevant to the Committee’s activities under the Convention to meetings of the Committee or to its pre—sessional working group.”
Implementation of the Convention
4. Whenever appropriate and feasible, it is desirable that governments involve NGOs in various aspects of the promotion and implementation of the Convention, General Recommendations, the Committee’s views under the Optional protocol and the Committee’s concluding observations. This should in no way compromise the legal obligation of the State party to be solely accountable for the implementation of the Convention. The Committee recommends that the State party encourage and, to the extent possible, provide sustained funding to NGOs in their activities relating to the promotion and monitoring of the implementation of the Convention, its Optional Protocol and the Committee’s concluding observations. This would enable their participation in the constructive dialogue with the Committee.
Role of NGOs in the CEDAW reporting process
5. The Committee, through its rules of procedure and its practice of informal meetings with NGOs, has created a space for NGOs to play a constructive role in the reporting process and review by the Committee of the State party’s compliance with its obligations under the Convention.
6. Taking note of the fact that consideration of the States parties’ reports by the Committee is based on a constructive dialogue with States parties, the Committee considers it necessary that this dialogue is based on information received not only by State parties, UN entities and National Human Rights Institutions, but also from NGOs to ensure a constructive dialogue.
7. NGOs are encouraged to provide alternative or shadow reports on States parties’ reports relating to the implementation of some or all the provisions of the Convention or specific themes focusing on gaps in implementation of the Convention or the Committee’s concluding observations. NGOs may provide comments and suggestions to the State party’s reports in any way they see fit.
Consultation and inputs into the State party report
8. The Committee recommends that States parties consult NGOs when they prepare the State report and make this report available to all sectors of civil society. The State party is encouraged to invite NGOs to provide their input. This does not imply that NGOs take over the writing of the report or undertake a joint reporting with the State party. At all times the report has to be the report of the State party. Furthermore, the role played by NGOs in providing information for the report of the State party should not exclude the possibility of submitting an alternative/shadow report. The Committee often raises questions with States parties, asking whether NGOs have been consulted in the writing of the report and whether there has been collaboration and transparency in the reporting process.
Submission of alternative/shadow reports and presentation of oral information to the Committee’s Pre-sessional working group
9. The Committee stresses that it is highly desirable that alternative/shadow reports of NGOs be received in a timely manner for consideration by the Committee’s pre sessional working group (PSWG). It also welcomes participation of NGOs at the PSWG meeting for oral presentations and clarifications with regard to the information provided with the aim of preparing the List of Issues and Questions, composed of some 30 questions. It is particularly valuable to have NGO input at this early stage of the reporting process.
Alternative/shadow reports and presentation of oral information at the meetings of the Committee
10. The Committee welcomes written alternative/shadow NGOs reports submitted to the Committee, NGOs oral presentations to the Committee during the session and NGOs presence during the examination of the State party by the Committee as observers. In the past few years, the practice of the Committee has been toprovide a time slot for its public informal meeting with NGOs in its agenda on the first day of the first and second week of each session. During these informal meetings, NGOs make oral presentations of their written reports and respond to additional questions by Committee members. There are additional opportunities for NGOs to provide detailed alternative information to the Committee during informal lunch hour briefings (side-events); these briefings are usually held the day ahead of a review of a State party report.2
Alternative/shadow reports under the Committee’s Follow-up procedure
11. The Committee adopted a follow-up procedure to its concluding observations at its forty-first session and decided on its methodology at its forty-fifth session, whereby a State party is requested to submit information within one or two years on action taken to implement the recommendations selected under the follow up procedure. Usually two recommendations are selected for the procedure. NGOs are encouraged to submit alternative information for the attention of the Committee by the same deadline as the State party. All information received under this procedure is made available on the Committee’s website.3
Alternative/shadow reports to exceptional reports
12. Whenever the Committee requests an exceptional report in line with Article 18 (1) (b) of the Convention and its Rules of Procedure, NGOs are encouraged to submit alternative/shadow reports on situations warranting such exceptional reports.
Inputs to the elaboration and use of the Committee’s General recommendations
13. The Committee encourages NGOs to provide inputs on general recommendations under elaboration and to make use of the Committee’s general recommendations in its advocacy efforts.
Utilization of the Convention and the procedures under its Optional Protocol
14. An NGO may provide assistance to alleged individual victims or groups of victims of human rights violations under the Convention by submitting communications to the Committee under its communications procedure on behalf of such individuals or groups of individuals. NGOs may also, in appropriate situations, provide reliable information on grave or systematic violations of women‘s human rights in relation to the mandate of the Committee to conduct an inquiry under the Optional Protocol4.
Enhancing global reach
15. The Committee welcomes input from national and international NGOs and notes that due to logistical and financial constraints it is not always feasible for NGOs to attend the Committee’s sessions in Geneva or New York. The Committee, therefore, welcomes the use of new technology for enhanced representations from all regions during its sessions, such as videoconference links and webcasting.
16. The Committee welcomes enhanced outreach and awareness of the Convention and its Optional Protocol, its concluding observations, general recommendations, views and decisions and recognizes the important role of the NGOs in this process. It further encourages NGOs and other stakeholders to contribute to the process of translation of the Committee documents into local languages, with the aim of enhancing the outreach and awareness of the Convention and its Optional Protocol.
Footnotes:
1 For the purpose of this statement, the broad term NGOs also includes representatives of civil society, trade unions, women’s grassroots organizations and others. The term is non-exclusive and does not limit itself to NGOs that have been accredited by ECOSOC.
2 For details of the procedures to follow, kindly refer to the NGO note for each session, available on the website.
3 For detailed information about the follow-up procedure, please see the website http://www2.ohchr.org/english/bodies/cedaw/followup.htm
4 Please find specific information about how to submit individual complaints under the Optional Protocol to CEDAW in its [Fact Sheet] adopted at its 44th session)
____________________________________________________________
Committee on the Elimination of Discrimination against Women
Consideration of reports submitted by States parties under
article 18 of the Convention on the Elimination of All Forms
of Discrimination against Women
Fourth periodic report of States parties
Malta
Submissions by the
Malta Confederation of Women’s Organisations (MCWO)
1 February 2010
Article 1: Definition of Discrimination Against Women
1.1 The Legislative Framework
1.2 Other Gender Equality Legislation
- How many cases of discrimination have been reported during the last five years?
- What actions were taken by the national machinery?
- What were the outcomes?
- Is there a mechanism to rate level of satisfaction of those submitting complaints?
- With what outcome?
1.3 The Civil Code
- Has any study been undertaken to analyse the effects of the 1993 amendments to Family Law that included provisions on the Administration of property; Choice of matrimonial home; and Exercise of parental authority?
- What were the results?
1.4 Domestic Violence
- What training has been given to the judiciary for the implementation of the new provisions of the 2005 legislation and how effective has it proved to be?
- Legislation provides that the victim may ask the court to dismiss the proceedings and it is up to the court itself to decide whether to direct the continuation of the proceedings or otherwise. However, this may be causing victim to suffer bullying and harassment as she may be pressured to ask for dismissal of proceedings from both aggressor and family members. This harassment may stretch over a longer period of time as court proceedings are lengthy and spread over long months if not years. Has any research been done to see how often the victim asks for dismissal of proceedings, under what conditions has this request been submitted?
o How often does the Court respond positively/negatively to these requests?
o In a society where domestic violence is declared as a crime against society, how does the state explain the staying of proceedings?
- How effective are the legislative provisions to protect women victims of violence when these have to leave the matrimonial home because of aggressive behaviour from their partner? This is also affecting children whose life is being disrupted, particularly for boys from nine years old upwards who are often sent to a different institution to their mother and siblings.
- How often do the courts make us of legislative provisions to remove the aggressor?
- Has any research been done to find out reasons to back these court decisions?
- Does the law empower police officers to remove the aggressor from the matrimonial home when a domestic violence report is submitted?
- What protection does the law give victims between time of reporting to police and first court hearing when she may still be living with her aggressive partner lacking alternative accommodation?
- Are cases of domestic violence given priority in the courts? What is the average timeframe such cases take to be resolved?
- Are statistics compiled by sex and age, kept with regard to the number of rape victims who ask for help at public/private hospitals and health clinics? Has any correlation been undertaken to see how many of these cases are reported to the police?
- What percentage of the GPD is allocated to combating violence against women?
Article 2: Policy Measures
2.1 International Conventions
- How does the state explain its position regarding the non-ratification of ILO Conventions 156 and 111?
- What is keeping Malta from ratifying these conventions?
2.2 Harassment and Sexual Harassment
- How many cases of sexual harassment have been reported to the national machinery? What action has been taken?
- How many cases have appeared before the courts?
2.3 State Intervention
- Following the issue of a circular by the Public Service acknowledging gender equality issues and the need to find a balance between familial and professional responsibilities, what has been the outcome with the regard the following highlighted main points:
- closer scrutiny of the requirement for Gender Action in the Performance agreements of top management;
- strengthening of Focal Points, making contact with them and involving them in policy plans;
- budgetary allocation for issues connected with gender, such as training on gender awareness and the gender payroll;
- tap expertise on gender for policy making in the public service;
- include a section on gender issues in the annual reports;
- gender statistics;
- promotion prospects and recruitment criteria, and the succession planning.
2.8 National Machinery on Gender Equality
- Why is the national machinery answerable to the Minister responsible for equality whilst other entities with similar responsibilities (Ombudsman, Broadcasting Authority) are answerable to Parliament? Moreover, this is being said in the context where members of the Commission for the Promotion of equality are appointed directly by the Minister for equality.
o On what basis are women’s NGOs appointed on the Commission?
2.9 Legal Update
- What have been the recommendations resulting from the National Commission’s study/project entitled ‘The Gender Aspect from a Legal Perspective’? How/to what extent have the specific objectives of the project as listed below been reached:
- to embed the principle of gender mainstreaming in the selected legislative texts;
- to align Maltese legislation with the principles laid down in the EU Directives;
- to further the development of gender mainstreaming at a national level;
- to lay the foundations for an increase in female participation in society in general, particularly in the labour market;
- to sensitise legislators, providers of legal services and human resource managers to the principles of gender equality and gender mainstreaming.
Article 3: Guarantee of Basic Human Rights and Fundamental Freedoms
3.3 National Machinery on Gender Equality
- How does the government justify the relatively few resources of the national machinery when compared to other countries, particularly EU member states, when Malta has been over the last years continuously losing ground in the gender gap rating? Areas of particular concern highlighted by the EU accession process that are hampering the promotion of equality, include:
- the low participation rate of Maltese women in the labour market when compared to the EU average
- the low rate of women in decision-making and representative positions, thus affecting the true democratisation of Maltese society.
- What percentage of the recommendations submitted through research studies commissioned by the national machinery has been taken up and in the process of implementation?
- What has been the turnover of the human resource component working in the national machinery?
- What measures have been implemented to attract gender expertise in the public service to the national machinery?
- Why are Commission members not selected through a call for interest?
3.4 Gender Mainstreaming
- How effective has been the implementation of EU directive 2002/73/EC that came into force in October 2005 in Malta and how is gender mainstreaming forming an integral part of state and government policies when it is a well know fact that it is a tool unfamiliar to most public officers?
- What are the existing inter ministerial structures that ensure effective implementation of gender mainstreaming in all government work rather than just human resources?
3.5 Employment
- What action is being taken to ensure that interviewing boards do not ask discriminatory questions to women seeking employment?
- What measures are in place to ensure that conditions of work including perks are not a tool of discrimination, particularly in contracts of work?
3.6 Education
- ‘The relatively large increase in female graduates is producing an added value to Malta’s human resources. However, … large numbers of qualified women leave the workforce for family or other reasons.’ How is government upgrading existing family friendly measures, including good quality and affordable childcare, to address this area of concern?
3.7 Training
- What training on gender equality and the principles of gender mainstreaming has been given in the last three years by the National Commission for the Promotion of Equality?
- In which sectors, at what levels, how many hours of training, how on-going is the training?
3.8 Guidelines
- How many gender impact assessment exercises have been carried out in the last three years?
- In what areas?
- With what outcomes?
Article 4: Special Measures
The Constitution of Malta
CHAPTER IV – Fundamental Rights and Freedoms of the Individual
- Art 45 (11) Nothing in the provisions of this article shall apply to any law or anything done under the authority of a law, or to any procedure or arrangement, in so far as such law, thing done, procedure or arrangement provides for the taking of special measures aimed at accelerating de facto equality between men and women, and in so far only as such measures, taking into account the social fabric of Malta, are shown to be reasonably justifiable in a democratic society.
- In virtue of the article above, how has government implemented these provisions to accelerate de facto equality in Maltese society?
- What was the outcome in each case?
4.3 Political Ideology
- ‘A major problem in the Maltese political scene remains the low rate of women candidates at local and national government levels.’ What has been done done by the national machinery to address this issue?
o How has government revisited policy to bring about change?
4.5 Measures towards Reconciling Work and Family Responsibilities
- Statistical data shows that females are often inactive from the world of work during the period when they are more likely to have children. The female employment rate as it stands presently is of 32.6 per cent. Part-time employment as the main type of employment is more prevalent amongst women. It is estimated that only 8.1% of single mothers are full-time employees.
- How does government explain this situation when government policy and action is directed at increasing women’s participation in the labour market?
- How does the government explain the very minimum provisions of family friendly measures in labour law - just enough to conform to EU directives – 14 weeks paid maternity leave, 3 months unpaid parental leave to be taken up to when child reaches 8 years of age and with restrictive conditions? Moreover, no provisions exist in the private sector for flexible hours and tele working in the context of the fact that 2 out of 3 women work in the private sector?
- What is government policy with regard to generating awareness about the importance of the participation of fathers in the family?
- Has government any plans to introduce compulsory paternal leave?
4.5.1. The Malta Public Service
- Both the implementation of flexible hours and tele working were included in the last collective agreement of the Public Service. How many officers, male and female, have taken up these options since agreement had been reached on these two measures?
- How many officers, male/female, have made use of parental leave over the last five years?
- What action is being taken to encourage male officers to take parental leave to spend time with their children?
4.5.2. Public Sector
- How many officers, male/female, have made use of the new family friendly measures since their introduction?
- What action is being taken to encourage male officers to take parental leave to spend time with their children?
4.5.3. Private Sector
- ‘ studies also highlight the fact that the availability of family friendly measures is limited which shows that legal obligations in employment need to be improved to ensure that workers in the private sector are covered. (ibid.) In view of this, discussions with employers are necessary.’ What has been the outcome of these discussions?
- What incentives financial or otherwise is government ready to offer the private sector in return for the introduction of family-friendly measures?
Article 5: Sex Role Stereotyping and Prejudice
5.2 The National Machinery
- ‘A plan of action for the years ahead was drawn up outlining the priority areas, amongst which abolishing stereotypes and prejudices, whilst enhancing a culture of gender equality where every individual is respected.’ To what extent has this plan been implemented and with what outcomes?
5.3 Education and the Promotion of Equality
- What is the mechanism within the Education Division that focuses on the implementation of gender equality within the curriculum with particular attention on direct and indirect discrimination?
- How is its achievement being monitored?
- What changes have been made in the school set up to portray a gender balanced distribution of responsibilities among educators?
5.5 Gender Sensitisation of Teachers
- What studies have been undertaken to research the effectiveness of the training teachers are being given in gender sensitization?
- How are educators acting differently since participating in such training?
5.6 Non-Sexist Reading Material
- What deadline has been set to replace all gender-biased textbooks?
5.8 Politics
- What are government’s plans to eradicate barriers for women in the political sphere?
5.9 The Reconciliation of Family and Professional Responsibilities
- Research (2006) indicates that gender stereotypes are still a major feature in Maltese society. What are government plans to address these concerns?
Article 6: Prostitution
6.1 Destination for Trafficking
- How many women and children have been trafficked over the past five years? What is their age?
- What training is given to immigration officers, police officers and all other officers working in the context of illegal immigrants to identify women and children who are being trafficked?
- How many cases have been brought before the courts?
- What protection legal and otherwise, is being offered to the victims of trafficking who are practically all foreigners?
6.3 Prostitution
- Why are statistics not available when reports are regularly recorded by police (see Table 6.3 Reported Prostitution Cases in 2006 Reported Prostitution)?
Part II:
Article 7: Political and Public Life
7.2 Women’s Role in the Political Sphere
- Seeing that the work undertaken by the national machinery has not proved effective in increasing the number of women in parliament (9.2% since 1998 general elections); women in local government (20% councillors and 8.8% women mayors) and generally in political participation, what are government’s plans in this regard to bring about a much needed change?
- Have any studies been commissioned on this area of concern? What were the recommendations and what actions have been taken to take these recommendations on board?
7.3 Women’s Role in Public Life
- ‘Vertical segregation must be eliminated in the Maltese Islands’ in order to address ‘Women’s under-representation in the key jobs (that) undermines society’s democratic values.’ How does government intend to raise awareness that ‘Women’s under-representation in the key jobs’ also undermines the creation of wealth for the common good?
- ‘Women’s achievements in tertiary education are not reflected accordingly in their political life, and in senior management posts. Almost a third of the managers in the EU25 were women (32%). Malta’s standing is amongst the lowest amounting to 14.5 per cent.’ What policies, programmes and mechanisms has government set up to bring about change?
8.1 Participation in International Meetings/Conferences
- ‘Maltese women are given equal rights and opportunities to attend conferences and to participate in the work of International Organisations.’ Can you submit statistics to back this statement?
- ‘International meetings are synonymous to many government officials, especially since Malta’s membership to the European Union. Most international meetings are attended by the senior officers of the relevant Ministry. However, such delegations often include also officers at a more subordinate level.’ Considering that women managers stand at 14.5%, how is government working to increase these numbers in order that women’s participation at international meetings becomes more substantive?
- What is the percentage of women who are appointed by government to hold positions/posts in international entities/organisations?
- What mechanism is used to choose which women’s NGOs attend/hold positions in international meetings/entities?
8.3 Diplomatic Service
- ‘The ratio of males to females in diplomatic service is narrowing down as time goes by.’ Considering that over a six year period the top three posts have seen the following gender distribution:
- 2000 33 NIL
- 2006 44 5
Over what period of time does government estimate that gender equality be reached in the Diplomatic Service when many of these posts are filled through direct appointment by government?
Part III:
Article 10: Education
10.2 The National Minimum Curriculum
- According to the Strategic Plan (2001) gender in the National Minimum Curriculum includes Policies, Structures and Process. Can government report progress on each of the policies/Structures/Process listed?
- What monitoring mechanism has been put in place in schools to ensure that this plan is being implemented?
- What research/reports have been carried out in this regard?
- Considering that the high % of women graduates contrasts strongly with women’s participation in the labour market (32.6%), with the number of women managers (14.5%) and women’s participation in Maltese public life in general, has any revisiting of this plan and its implementation been carried out to identify reasons behind this lack of substantial progress and what actions are needed to bring about concrete change?
10.3 Educational Institutions
- ‘Students can opt to move to a trade school after completing three years of secondary level education.’ For how many years have trade schools been closed down?
- What are government’s plans to provide alternative vocational education for girls in view of the fact that girls are hugely underrepresented at post-secondary vocational education?
10.4 Tertiary Education
- Research indicates that women are highly skewed towards specific areas, namely Humanities and Social Sciences, Education, Health and the Medical fields, whereas they lack in Engineering and Science-based courses. What is being done to attract more students, particularly women, to take up Engineering and Science-based courses?
10.5 Early School Leavers
Table 10.2 Early School Leavers
- This table outlines the school leaving percentage segregated by sex. In 2005 these made up 38.1% of the total (women 34.6%). What is being done to lessen this very high percentage of students leaving schools lacking vocational training risking life-long unemployment and poverty?
- What is the illiteracy rate for women and men?
10.8 Expenditure on Education
- ‘Youths attending post-secondary or vocational courses increased by 26 per cent …’ What are the numbers and percentages segregated by sex?
Article 11: Employment
Table 11.3: Distribution of the Labour Force July – September 2006
- ‘The figures show that a slight decrease was registered in 2006 in the female employment rate, although analysis of this phenomenon shows that there is a stable curve, which goes through a stage of decline and upwards again.’ How is government addressing this phenomenon in the context of the high percentage of inactive women (70%)?
11.2 Employment Rates by Age Groups
- ‘Female full-time employment is dominant in the twenty age interval, and declines thereafter. The drop in female economic activity reinforces the stereotype that the domestic chores including child-bearing.’ As this drop has been constant over the years how does government rate the effectiveness of the current family-friendly measures especially in the private sector?
- ‘Research also indicates that the gaps between male and female employment rates are higher among those who have a lower educational attainment. The gap narrows as education rises.’ What measures have been introduced to attract women with a lower educational attainment to continue in/return to education?
11.3 Unemployment
Table 11.8: Unemployment rates by age groups for the period July – September 2005 and July – September 2006
- ‘People registering with the Employment and Training Corporation in Malta as unemployed can do so either as Part 1 registrants, or as Part 2. Persons qualify for the Part I Register if they become unemployed due to: ……..
5. a justifiable cause which can be substantiated by documentary evidence and has been agreed and confirmed in writing by the Employment Services Manager.’ How are cases of women who ‘terminate their employment without a just cause’, this being sexual harassment for which employee chooses not to report such behaviour and therefore cannot submit any evidence, treated?
- What are the repercussions when ex-employee has to register under Part 2?
11.5 Gender Pay Gap
- ‘Research thus indicates that through this (revised) measurement, the gender pay gap amounts to a difference of 23.2%.’ What measures have been introduced to address this lacuna?
11.6 Full-Time and Part-Time Employment
- ‘This study indicates that women’s choice of working part-time as a primary working activity has accelerated by over five times in two decades. This shows that the family and domestic responsibilities are still highly skewed towards women.’ Has any study of the effectiveness of the existing structures to enable both parents to remain in full time employment been undertaken?
11.7 Women and Entrepreneurship
Table 11.17: Self-Employed as a % of Total Employment
- According to this table the % of self-employed women has decreased from 8.0 in 2003 to 4.3 in 2005. This in spite of the fact that many employees have had to accept to change to self-employed status to keep working even if this meant losing out on better conditions of work. Although this situation has been officially acknowledged in public both by government and unions, no action has been taken to put a stop to it. This can prove more detrimental to women who have a heavier task to balance work/life responsibilities. What are government’s plans in this regard?
11.8 Women in Management
- ‘Representation of women in decision-making positions and in high echelon posts is still very low in the Maltese Islands. However, it is envisaged that in a few years time, with women already making up more than half of the tertiary education population, and with an increase in females following their careers, more women will be prepared to take up managerial posts.’ How do you reconcile the accuracy of this statement with findings of recent tracer studies that have found that a high percentage of women graduates move out of the labour market once they have children?
- Table 11.18: Committees, Boards, Commissions and Tribunals
This table indicates that the number of chairpersons has been consistently decreasing gone down since 2003 with 10.6% recorded for 2006. Percentage of female board members stands at 20%. How does government answer to this lacuna when these positions are directly filled through government appointments?
o Does not this situation somewhat conflict with the following statement? ‘The Government of Malta espouses the principle that a democracy without women cannot be viewed as a democracy because democratic institutions which do not have at their roots gender equality are not respecting completely the principle of human rights.’
- The low % of women in top echelons of the public service directly falls under the responsibility of government. What progress has been made over the last ten years in this regard?
- What is government’s plan to address the situation in the light of the following statement? ‘The Government of Malta understands that gender equality boost productivity and economic growth. It is also at the root of improving family welfare.’
11.9 Reconciliation of Family and Professional Responsibilities
- ‘Whilst the role of women is still that of the primary care-giver with the possibility for childrearing, increased attention is being placed on the role the father in familial responsibility.’ In what way is this being done?
- How effective is it?
- What is the percentage of fathers who take (unpaid) parental leave in the public sector/private sector?
- ‘New Child day care facilities were inaugurated to diminish the culture of dependence which usually falls on women’s shoulders.’ How many children attend childcare facilities?
- What is the number of hours per child at childcare facilities?
- How many places are available and what are their opening hours?
- In order to encourage women to take on full-time employment with better conditions of work and career oriented, what after school and holiday services, if any, are offered to children? Finishing hour at state primary school is 2.30pm whilst it is 1.30pm for Church – run schools.
11.10 Sexual Harassment
- How many cases have appeared before the courts?
- How many cases of sexual harassment have been reported to the Industrial Tribunal?
- Has any research been done to find out victims’ satisfaction with the process being undertaken to resolve reports of sexual harassment? With what results?
- ‘Sexual harassment is prohibited at the workplace and educational facilities’ In what way is sexual harassment regulated on other occasions/places?
Article 12: Health
- Fertility rate is deteriorating, and the birth rate is of 11.6 births per 1000 population. The dependency ratio for Malta has shown a decline of 5.9 per cent in a span of ten years. What action is being taken to address this decline in a situation where it appears that dual-earner families cannot have more children because of lack of effective support whilst single-earner families cannot afford them?
12.5 Cancer
- How does the government explain discriminatory treatment for women with recurring breast cancer in their entitlement to free medicine?
- What are the reasons for the lack of a National Sexual Health Policy which has been in draft form for the last ten years when research shows that young people under 16 are sexually active, an increase in sexually transmitted diseases, lack of use of protection during sex, one in four children are born to single women under 18 years (minors)?
- Considering that the rate of breastfeeding is quite low, what measures are being taken by government to promote it when women often are kept in hospital for only one day after giving birth and thus support in this regard is too short to enable the mother to bond with the child through breastfeeding?
o What breastfeeding facilities are women offered at the workplace in accordance with EU directive?
Article 13: Economic and Social Benefits
- ‘Government is aware that more and more women are choosing to seek employment.’ How can this statement be substantiated when the participation of women is still very low with a very slow rate of increase?
- Maternity Leave – What is the position of the state vis-à-vis the EC proposal currently under discussion for the extension of the maternity leave provision?
- Parental Leave – What are government’s plans with respect to the extension of parental leave in the private sector, presently standing at 3 months between birth and attainment of 8 years of age with approval greatly controlled by employer?
- Has any consideration been given to paid parental leave to encourage uptake by fathers?
13.2 Government Expenditure
- Are there any plans for national gender budgeting the national accounts and estimates?
- ‘When a prospective customer requests a bank account, the marital status of that person is not required for such purpose.’ However, bank accounts for women are headed by her name with additional annotation that she be married to Mr ….., when for males, accounts carry just their names. On what basis is this situation condoned?
- Why is there still the practice that a contract before a notary public gives the particulars of the male to include profession, but no such practice exists vis-à-vis the female? If anything female is described as housewife.
11.4 Sport
- ‘In the sports sector the government is vesting Lm1.1 million.’ Can you give a gender breakdown of these moneys?
- Table 13.1: Female Members in Sports Organisations by Type of Sport
With reference to table above, what is the number of women in sports as a percentage of the total population?
Part IV:
Article 15: Law
- ‘However, access to finance is not easy for women and credit arrangements with banks remain difficult. The situation should improve further with the transposition of Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services, which is currently under way.’ How has this improved access to finance for women?
- ‘As a result of the 1993 amendments to the Civil Code, married women have obtained the right to administer not only property which belonged to them before marriage (paraphernal property) but also to administer, jointly with the husband, the patrimony acquired by both spouses during marriage when the community of acquests subsists between the spouses.’ How are spouses’ rights safeguarded during separation and commutation of community of acquests in cases when one of the spouses registers assets under a company in own name with no legal commitment to share information of such assets with spouse who would therefore be in no position to gain her share of these assets?
- As (financially dependent) women are mostly affected and they are ending up with very little to show for their contribution to the marriage, what are government’s plans to deal with this issue particularly in the context of increasing levels of the feminisation of poverty?
Article 16: Marriage and Family Life
16.1 Legal Framework
- ‘Divorce is not permitted under Maltese Law. A divorce obtained in another country, however, shall be recognised for all purposes of law in Malta …’ How does the state explain the possible discriminatory nature of this provision on the basis of affordability of couples who can get their foreign divorce recognised in Malta?
- How does the state explain the apparent anomaly that spouses are finding themselves in during separation when they are being refused information on their spouse’s assets when these form part of the community of acquests, that according to Family Law should be shared between both spouses on separation. Assets may include bank deposits, equities and the like, purchase of cars.
- How are women’s rights being safeguarded in marriage annulment cases?
o How is their right to share the community of acquests being safeguarded?
o What claims have women of a certain age to an old age pension when their marriage has been annulled and they have no way of contributing to an insurance when they have been out of the labour market for years?
o What awareness raising is being advocated to the general public to make citizens particularly women aware of these concerns and on ways they can address them?
- How are women, who are financially dependent on their partners and who cannot marry due to lack of divorce legislation, being protected by the law? What is their situation once the partnership breaks up?
- Do they have a right to a decent pension once the partner dies or abandons them?
Fiscal Regime
- What are government’s plans to address the following anomalies caused by the existing fiscal regime?
o Currently the national tax regime requires spouses to submit a joint declaration of income. This means that when one of the spouses refrains from completing the relevant document on time, the innocent party suffers penalties for late submissions.
o Moreover, this situation still holds true during court proceedings for separation that can stretch over a number of years, when one of the spouses may use this confidential information against the other spouse causing further conflict.
o Tax refunds are returned to head of household (who if not otherwise stated is taken to be the husband) irrespective of which spouse is entitled to it.
