Implementation of central concepts

• Author: Romina Bartolo
• Pages: 9-17

9

3 Implementation of central concepts

3.1 General (legal) context

3.1.1 Surveys on the definition, implementation and limit s of central concepts of gender

equality law

No surveys have been published on these issues.

3.1.2 Other issues

In 20 17, th e Ministry for European Affairs and Equality (MEAE) set u p th e Consultat ive

Council for Women’s Rights, which consists of representatives of women’s rights civil

society organisations, in order to serve as a platform for th e development of policy and

legislative proposals. In 2019, the MEAE established the Gender Mainstreaming Unit within

the Human Rights and Integration Directorate with the aim of developing and

implementing the first national strategy and action plan in relation to gend er equality

mainstreaming, and the introduction of corresponding legislation. A consultation document

was thus published2 with the purpos e of providing governmental entities, social p artners,

civil society organisations and the general public, the opportunity to provide specific

proposals to G overnment with regard to the development of the Gender Equality

Mainstreaming Strategy and Action Plan as well as the Gender Equality Mainstreaming Bill.

3.1.3 General overview of national acts

National acts include: Chapter 456 of the Laws of Malta - Equality for Men and Women Act

to promote equality between men and women; Chapter 452 of the Laws of Malta -

Employment and Industrial Relations Act to regulate employment and industrial relations;

the Constitution of Malta; Chapter 1 6 of the Laws of Malta - the Civil Code; Ch apter 581

of the Laws of Malta - Gender-Based Violence and Domestic Violence Act; Chapter 540 of

the Laws of Malta - Gender Id entity, Gender Expression and Sex Characteristics Act and

Chapter 318 of the Laws of Malta - Social Security Act.

3.1.4 Political and societal debate and pending legislative proposals

Pending legislative proposals include an equality bill, entitled:

‘Act to prohibit discrimination in various spheres of life, to promote equality and

prevent discrimination, inter alia, by giving effect to the relevant provisions of

Council Directive 2000/43/EC of 29 June 2000 implementing the princip le of equal

treatment between persons irrespective of racial or ethnic origin, Council Directive

2000/78/EC of 27 November 2000 establishing a general framework for equal

treatment in employment and occupation, Council Directive 2002/73/EC of 23

September 2002 amending Directive 76/207/EEC on the implementation of the

principle of equal treatment for men and women as regards access to employment,

vocational training and promotion, and working conditions, C ouncil Directive

2004/113/EC of 13 December 2004 implementing the principle of equal treatment

between men and women in the access to goods and services and their sup ply,

Council Directive 2006/54/EC of 5 July 2006 implementing the principle of equal

opportunities and equal treatment of men and women in matters of employment and

occupation (recast), and the Communication from the European Commission

(22.12.2011 C(2011) 9497) containing Guidelines on the application of Council

2 https://meae.gov.mt/en/Public_Consultations/MEAE/PublishingImages/Pages/Consultations/Towards-a-

Gender-Equality-Mainstreaming-Framework/Public%20Consultation%20outcome%20report.pdf.