Bodies for the promotion of equal treatment (Article 13 Directive 2000/43)

• Author: Ellul, Tonio
• Pages: 70-75

70

7 BODIES FOR THE PROMO TION OF EQ UAL TREATMENT (Article 13 Directive

2000/43)

a) Body/bodies design ated for the prom otion of equal treatment irrespective of

racial/ethnic origin according to Article 13 of the Racial Equality Directive

By virtue of the provisions of the Equal Treatment of Persons Order 2007, the remit of the

Commissioner for the Promotion of Equality for Men and Women covers the promotion of

equal treatment irrespective of racial or ethnic origin within the meaning of the pr ovisions

of the order and issues of compliance with, and the enforcement of rights under, the

provisions of the order, which functions shall continue to be exercised with the assistance

of the National Commission for t he Prom otion of Equality (NCPE) as constitu ted under

Article 11 of the Equality for Men and Women Act.195

By virtue of Act IX of 2012, which amends the Equality for Men and Women Act, the remit

of the commission was extended to cover discrimination based on sexual orientation, age,

religion or belief, racial or ethnic origin or gender identity. It was extended again in 2015

to include discrimination based on gender expression or sex characteristics, and it was

further extended in 2016 to cover the exercise of rights by workers moving within the

EU.196 The scope of the National Commission for the Promotion of Equality is intended to

be widened further so that it will become a national human rights and equality commission

(NHREC),197 acting as a national human rights institution as well as an equality body, in

accordance with the p rovisions establish ed by European directives on equal treatment.

Henceforth, the NCPE will be able n ot only to build on work which has alr eady been

identified, but to expand and strengthen its work and responsibilities in the field of human

rights and equality.

There are two other relevant bodies dealing with discriminations issue s: the CRPD (for

disability-related issues) and the Ombudsman (for action taken by public auth orities).

These bodies complement the work of the NCPE on non-d iscrimination and equality.

Under Article 21 of the Equal Opportun ities (Persons with Disability) A ct, there shall be a

Commission for the Rights of Persons with Disability (the CRPD, formerly the NCPD), which

shall be composed of the Commissioner for the Rights of Persons with Disability and the

Council for the Rights of Persons with Disability. The competencies of the commission are

wide, and they clearly serve to combat any form of disability discrimination, in particular

by raising awareness and fostering respect for the rights and dignity of people with

disabilities; by combating stereotypes, prejudices and harmful practices relating to people

with disabilities, including those based on gender and age, in all areas of life; by raising

awareness about the capabilities and contributions of people with disabilities; and by

providing an independent mechanism to promote, protect and monitor the implementation

of the United Nations Convention on the Rights of Persons with Disabilities and any of its

Optional Protocols as ratified by Malta.

Similarly, on the basis of the Ombudsman Act 1995, should a person feel that he or she

has been subjected to discriminatory treatment (particularly on the basis of racial or ethnic

origin) at the hands of the Governm ent of Malta or any stat utory body or partnership in

195 Although the Commission is generally referred to as the National Commission for the Promotion of Equality

(even on its website), Article 11 of Chapter 456 of the Laws of Malta (under which the Commission is

constituted) states that, ‘The Prime Minister shall uġĠn the advice Ġf the Minister aġġĠint a CĠmmissiĠn tĠ

be called the National Commission for the Promotion of Equality for Men and Women (hereinafter referred to

as “the CĠmmissiĠn”) …’

196 By virtue Ġf Legal NĠtice 173 Ġf 2016 entitled ‘The exercise Ġf rights cĠnferred Ġn WĠrkers (FreedĠm Ġf

MĠvement) RegulatiĠns’. People who feel that they have encountered or are encountering obstacles to

exercising their rights, or who have had or are having their right to free movement restricted without

justification, shall have a right to file a complaint with the commissioner, even after the relationship in

which the obstacle or restriction is alleged to have occurred has ended, and the commissioner shall initiate

the proceedings prescribed in the Act or in any other applicable law or regulation.

197 Legislation is pending parliamentary discussion and approval.