General legal framework

• Author: Romina Bartolo
• Pages: 7-8

7

2General legal framework

2.1Constitution

2.1.1Constitutional ban on sex discrimination

Article 45 of the Constitution provides as follows:

(1)‘Subject to the provisions of sub-articles (4), (5) and (7) of this article, no law shall

make any provision that is discriminatory either of itself or in its effect.

(2)Subject to the provisions of sub-articles (6), (7) and (8) of this article, no person

shall be treated in a discriminatory manner by any person acting by virtue of any

written law or in the performance of the functions of any public office or any public

authority.

(3)In this article, the expression “discriminatory” means affording different treatment

to different persons attributable wholly or mainly to their respective descriptions by

race, place of origin, political opinions, colour, creed, sex, sexual orientation or

gender identity whereby persons of one such description are subjected to disabilities

or restrictions to which persons of another such description are not made subject or

are accorded privileges or advantages which are not accorded to persons of another

such description.’

2.1.2Other constitutional protection of equality between men and women

The Constitution lists the following principles:

-right to work for all citizens andthe responsibility of the state in promoting the

conditions to make this right effective (Article 7);

-state protection of work and promotion of the advancement of workers (Article 12);

-the equal right of men and women to enjoy all economic, social, cultural, civil and

political rights, for which purpose the state will take appropriate measures to

eliminate all forms of discrimination between the sexes by any person, organisation

or enterprise; in particular the state will aim at ensuring that women workers enjoy

equal rights and the same wages for the same work as men (Article 14 – rights of

women workers).

2.2Equal treatment legislation

The main law prohibiting sex discrimination is the Equality for Men and Women Act,

(EMWA) (Chapter 456 of the Laws of Malta). Other legislation includes the Employment

and Industrial Relations Act (EIRA), and the Gender Identity, Gender Expression and Sex

Characteristics Act 2013 (Chapter 540 of the Laws of Malta), the Cohabitation Act (Act 15

of 2017), the Affirmation of Sexual Orientation, Gender Identity and Gender Expression

Act (Chapter 567 of the Laws of Malta) and the Gender-Based Violence and Domestic

Violence Act (Chapter 581 of the Laws of Malta).

The relevant secondary legislation includes: Parental Leave Entitlement Regulations, Part-

Time Employees Regulations, Contracts of Service for a Fixed Term Regulations,

Organisation of Working Time Regulations, Urgent Family Leave Regulations, Employment

and Industrial Relations Interpretation Order, Protection of Maternity (Employment)

Regulations, ETE Regulations, Extension of Applicability to Service with Government (Part-

Time Employees) Regulations, Extension of Applicability to Service with Government

(Contracts of Service for a Fixed Term) Regulations, Extension of Applicability to Service

with Government (Equal Treatment in Employment) Regulations, Minimum Special Leave

Entitlement Regulations, Extension of Applicability to Service with Government (Parental