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

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Articles 1(1)(a), 2 and 3 of the Convention. Discrimination based on sex. Equality of opportunity and treatment for men and women. The Committee welcomes the very detailed information provided by the 2002 annual report of the National Commission for the Promotion of Equality (NCPE) on gender equality and sex-based discrimination. It notes in particular that: (1) the employment rate of women continued its upward trend to 70.8 per cent in 2022 (64.6 per cent in 2020) in comparison to 83.4 per cent for men in the same year (81.7 per cent in 2020); (2) the percentage of women and men having part-time as their main occupation was 19.1 per cent and 7 per cent in 2022 respectively; (3) men tend to go for managerial and technical work, whereas women are still overrepresented in clerical, service and sales work; (4) self-employment is still mostly taken up by men; (5) there was a slight increase in the number of women on boards of largest listed companies, however they still remain overly underrepresented; and (6) women remain also underrepresented in decision making posts. The Committee notes with interest the adoption of the Gender Equality and Mainstreaming Strategy and Action Plan (GEMSAP) 2022–27, which has among others the following objectives: guaranteeing equal access to employment in all sectors, combating segregation; enhancing women’s economic independence; challenging gender stereotypes and promoting co-responsibility and balance of work, private and family life. The Committee asks the Government to continue to take effective measures, in the framework of the GEMSAP 2022–27 or otherwise: (i) to address and reduce gender segregation in the labour market and gender-based discrimination; (ii) to promote women’s employment in a wide range of occupations and at all levels, in particular in decision-making positions, both in the public and private sectors; (iii) to combat gender stereotypes, including through awareness-raising campaigns, and to take affirmative action measures. It asks the Government to provide information on the measures taken to that end and their results on the employment of women and men, including statistical information on the participation of men and women in education, training and employment, disaggregated by economic sector.

Sexual harassment. The Committee notes from the 2022 annual report of the NCPE that sexual harassment is another area of concern, and that raising awareness on sexual harassment at the workplace was strengthened through the dissemination of posters to stakeholders, meetings with entities highlighting zero tolerance policies whilst offering assistance to draft such policies. The Committee requests the Government to provide information on: (i) the measures taken to prevent and address sexual harassment in employment and occupation, both in the private and public sectors; (ii) any zero tolerance policies adopted at the workplace level; (iii) any practical measures taken to raise awareness and to ensure better understanding of both quid pro quo (blackmail) and hostile environment sexual harassment, as well as to assist and encourage victims of sexual harassment in filing complaints; and (iv) the number and outcome of cases dealt with by the competent authorities, including at the workplace level.

Article 1(1)(b). Additional grounds of discrimination. Disability. The Committee notes that the Persons with Disability (Employment) Act, 1969, and the Equal Opportunities (Persons with Disability) act, 2000, were amended in 2021. Moreover, it welcomes the Malta’s 2021-2030 National Strategy on the Rights of Disabled Persons, which recommends the implementation of actions in the areas of work and employment (Objective 9). The Committee asks the Government to provide information on any measures taken to: (i) promote vocational training and employment opportunities for persons with disabilities, both in the private and public sectors; and (ii) address discrimination based on disability, through the implementation of the above Strategy or otherwise. It further asks the Government to provide information on the employment rates of persons with disabilities, disaggregated by sex and economic sector, as well as on any complaints regarding employment discrimination based on disability brought before the competent authorities and remedies provided.

Reconciliation of work and family responsibilities. The Committee notes with interest the adoption of the Work-Life Balance for Parents and Carers Regulations, 2022, which provide for individual rights related to paternity leave (extended to 10 days), parental leave, carers' leave and flexible working arrangements for workers who are parents of children up to the age of 8 years, or carers. It recalls that women face a number of barriers to their full and equal participation in the labour market, as a result of gender roles and stereotypes as well as the unequal sharing of caring responsibilities between women and men. The Committee asks the Government to provide information on: (i) the implementation of the Work-Life Balance for Parents and Carers Regulations and their impact on the reconciliation of work and family responsibilities and more generally on the employment of women, including through statistical data; and (ii) any awareness-raising activities undertaken to disseminate the new provisions and to address gender stereotypes and assumptions about women’s responsibilities at home.

Enforcement.The Committee asks the Government to provide information on the number, nature and outcome of any cases of discrimination concerning specifically employment and occupation dealt with by the competent authorities, including the NCPE, the labour inspectorate and the courts, indicating the grounds of discrimination addressed, the sanctions imposed and the remedies provided.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comments

Article 1(1) of the Convention. Prohibited grounds of discrimination. Social origin. Legislation. The Committee observes that the adoption of the Equality Bill previously mentioned by the Government is still pending and that the Government’s report does not contain any information in that regard. With respect to the current legal framework, the Committee notes that, pursuant to the Constitution, the Employment and Industrial Relations Act (EIRA), 2002 (section 2(1)), the Equal Treatment in Employment Regulations, 2004 (section 1(3)), the Equality for Men and Women Act, 2003 (section 2(1)), the following prohibited grounds of discrimination are covered: sex, colour, political opinion, race, racial or ethnic origin, religion or belief, disability, age, family responsibilities, marital status, pregnancy or potential pregnancy, sexual orientation, gender identity, gender expression, sex characteristics, creed, place of origin and membership in a trade union or in an employers’ association. It also notes that, regarding the lack of protection against discrimination on the ground of “social origin”, the Government had previously pointed out that the list of prohibited grounds in the definition of “discriminatory treatment” under the EIRA was non-exhaustive. The Committee has constantly considered that, where legal provisions are adopted to give effect to the principle of the Convention, they should include at least all the grounds of discrimination specified in Article 1(1)(a) of the Convention – of which “social origin” (see the 2012 General Survey on the fundamental Conventions, paragraph 853). Moreover, it wishes to point out that the lack of explicit reference to a specific ground, such as “social origin”, in a non-exhaustive list of grounds could also lead to: (1) a lack of awareness of the right to non-discrimination on the ground concerned in employment and occupation; and (2) a need for interpretation by the courts to determine whether this specific ground is effectively covered. Therefore, to ensure legal certainty concerning the protection against discrimination in employment and occupation, the Committee firmly hopes that the Government will seize the opportunity of the discussion and adoption of the Equality Bill to ensure that it explicitly prohibits direct and indirect discrimination in all aspects of employment and occupation, on at least all the grounds set out in Article 1(1)(a) of the Convention, in particular “social origin”, while also ensuring that the additional grounds already enumerated in the current national legislation are maintained in the new legislation. It requests the Government to provide information on any developments in this regard and a copy of the text once adopted.

Articles 2 and 3. Equality of opportunity and treatment irrespective of race, colour or national extraction. According to the information available on the website of the National Commission for the Promotion of Equality (NCPE), the Committee welcomes: (1) the adoption, on 28 July 2021, of the Anti-Racism Strategy 2021-2023, , which aims to eliminate racism in all its forms and support intercultural inclusion; (2) the public consultation on the Second Policy and National Action Plan on Integration launched at the beginning of 2023; and (3) the European Union co-funded Project “Strengthening Knowledge on Integration and Non-Discrimination” (SKIN) launched in July 2023 by the NCPE to identify the needs of, and discrimination faced by vulnerable groups, namely migrants and Muslims. It further notes that, in 2022, the NCPE provided inputs to the Anti-Racism Action Plans being drafted by ministries as part of the above Strategy and was drafting an Anti-Racism Policymaking Tool for use by the ministries. Referring to its previous comments, the Committee asks the Government to continue to take proactive measures to combat racial stereotypes and discrimination based on race, colour or national extraction. It also requests the Government to provide information on the implementation of any measures taken within the framework of the Strategy and the SKIN Project as well as information on the content and implementation of the Second Policy and National Action Plan on Integration when finalized and Anti-Racism Policymaking Tool, with respect to all aspects of employment and occupation, in particular recruitment.

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

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. Discrimination based on sex. The Committee notes the Government’s indication, in its report, that section 2(1) of the Equality for Men and Women Act was amended in 2015 to include the grounds of “gender expression” and “sex characteristics” in the definition of “discrimination”. Referring to its previous comments concerning the pre-1980 requirement for female public officers to resign on marriage, and the negative impact of this measure on their pensionable remuneration, the Committee notes the Government’s indication that no records were kept on the number of women who resigned due to marriage, nor on the number of affected women who requested reinstatement so as to re-enter public service at the same level after having left on marriage. The Government adds that the lack of available data makes it impossible to take steps to compensate women who left on marriage and in consequence experienced pension losses. In this regard, the Committee wishes to point out that one way to ensure that most of the women affected by this measure are compensated could be to advertise for women affected to come forward. Noting that, according to its 2017 annual report, the National Commission for the Promotion of Equality (NCPE) intervened in 43 cases of discriminatory advertisements, including 39 cases concerning sex discrimination in relation to vacant posts, education or vocational training, the Committee asks the Government to provide information on any steps taken, including through awareness-raising campaigns, to address sex-based discrimination in access to employment, education and vocational training, as well as in terms and conditions of employment, in accordance with section 26 of the Employment and Industrial Relations Act and section 4 of the Equality for Men and Women Act. It asks the Government to provide information on any complaint filed in this respect with the NCPE, the courts or any other competent authorities, as well as penalties imposed and compensation awarded. Further, the Committee urges once again the Government to address the impact of the pre-1980 requirement for female public officers to resign upon marriage on their pensionable remuneration and to provide information on any progress on that issue.

Sexual harassment. The Committee previously referred to section 29(2) of the Employment and Industrial Relations Act (EIRA) and section 9 of the Equality for Men and Women Act, which define and prohibit sexual harassment in employment and occupation, and provide for penalties. The Committee notes the Government’s indication concerning the adoption of a policy on sexual harassment at the workplace in the public sector, which defines harassment and provides guidelines to victims and employers on the handling of complaints and the setting up of internal procedures for dealing with complaints of harassment. The Government adds that as a result of this policy, three cases of sexual harassment were registered in the public administration in 2016, two of which resulted in a written warning and a one-day suspension, respectively, and the third case resulted in a referral to court. The Committee further notes that training was provided by the NCPE on sexual harassment, but that the number of complaints on sexual harassment investigated by the NCPE has been diminishing from three in 2015, to none in 2016 and 2017. Noting that, in November 2017, national women’s rights experts, including from the NCPE, stated that sexual harassment in the workplace was “rampant” but rarely reported, the Committee recalls that the absence of complaints regarding sexual harassment does not necessarily indicate that this form of sex discrimination does not exist; rather it is likely to reflect the lack of awareness, understanding and recognition of this form of sex discrimination among government officials, and workers and employers and their organizations, as well as the lack of access to or the inadequacy of complaints mechanisms and means of redress, or fear of reprisals (see General Survey of 2012 on the fundamental Conventions, paragraph 790). Recalling the gravity and seriousness of sexual harassment, the Committee asks the Government to provide information on the practical application of section 29(2) of the Employment and Industrial Relations Act and section 9 of the Equality for Men and Women Act, including on the number of cases of sexual harassment in employment and occupation, both in the public and private sectors, dealt with by the competent authorities, including at the workplace level, as well as penalties imposed and compensation awarded. It further asks the Government to continue to provide information on any measures taken to prevent and address sexual harassment in employment and occupation, including practical measures taken to raise awareness and to ensure better understanding of both quid pro quo and hostile environment sexual harassment at the workplace level, as well as to assist and encourage victims of sexual harassment in filing complaints before the competent authorities.

Article 1(1)(b). Additional grounds of discrimination. Disability. The Committee notes the Government’s indication that a 2 per cent employment quota for persons with disabilities was established for enterprises employing more than 20 workers, as a result of sections 15 and 16 of the Persons with Disability (Employment) Act, amended in 2015. The Government adds that, in 2016, 842 persons in vulnerable situations, among which persons with disabilities, participated in specific schemes to enhance their access to employment and, at the end of August 2017, 236 participants were found in employment. However, the Committee refers to its 2017 direct request on the application of the Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159), where it noted that employers had reportedly resisted the employment quota for persons with disabilities and that fines and penalties imposed on those that had not complied with the statutory quota were not high enough to deter violations. It notes that, in its 2016–17 annual report, the National Commission for the Rights of Persons with Disability indicated that in the employment sector, the number of new complaints increased from 14 to 19. Taking note of the ongoing consultations on the draft Malta National Disability Strategy which includes specific employment and education measures, the Committee asks the Government to provide information on any measures taken to promote vocational training and employment opportunities of persons with disabilities, both in the private and public sectors, including by ensuring the effective implementation of the employment quota. It asks the Government to provide information on the status of the elaboration of the strategy, in collaboration with employers’ and workers’ organizations, and to provide a copy of the strategy once adopted. It further asks the Government to provide information on the employment rates of persons with disabilities, disaggregated by sex and economic sector, as well as on any complaints regarding employment discrimination based on disability brought before the competent authorities and remedies provided.

Articles 2 and 3. Equality of opportunity and treatment for men and women. In its previous comments, the Committee requested the Government to provide information on: (i) the implementation and results of the “Strengthening equality beyond legislation programme”, as well as on any other programmes and projects addressing discrimination; (ii) any awareness-raising and diversity training programmes implemented for employers and their results; and (iii) statistical information on labour force participation in the public and private sectors disaggregated by sex, ethnic and/or national origin. The Committee notes that several initiatives were implemented by the NCPE to enhance gender equality in employment, such as the “Equality Mark Certification” which was awarded to 13 companies in 2017, public awareness-raising campaigns and training sessions for relevant stakeholders to address traditional gender roles and stereotypes, as well as a mentoring programme. It further notes that the Directory of Maltese Professional Women was established in August 2017 to give further visibility to women’s abilities and to increase the opportunity of their being appointed to decision-making positions, and that by the end of 2017 more than 250 professional women were registered with this Directory. It notes that, in November 2017, the Council for Women’s Rights was established with the aim of addressing gender inequality and strengthening the dialogue between the Government and civil society in this area. The Committee notes that the employment rate for women increased from 47.1 per cent in 2014 to 53 per cent in 2017. However, it notes that in its 2017 annual report, the NCPE highlighted that both horizontal and vertical gender segregation in the labour market persisted, with women being under-represented in higher paid jobs and decision-making positions. At the end of 2017, only 6.5 per cent of women were employed as managers (against 11.3 per cent of men) while they represented 60.4 per cent of clerical support workers. In the public administration, women represented only 28.2 per cent of the civil servants employed in the top five salary scales. In that regard the Committee notes that, as a result of a December 2015 research survey on “gender quotas and other measures towards a gender-balanced representation in decision-making”, the NCPE concluded that women’s relatively higher achievement in education is not being reflected in the workplace and given the very low percentage of women on boards, quotas should be considered as a potentially effective solution. It also notes that gender segregation in education persists so that in 2017, Information and Communication Technology (ICT) related graduates were predominantly men whereas the vast majority of graduates in the fields of community services and social well-being were women. The Committee notes that, in the framework of the Universal Periodic Review, the United Nations Human Rights Council issued recommendations concerning the strengthening of Government’s efforts to promote the participation of women in employment, both in the public and private sectors, as well as in decision-making positions (A/HRC/40/17, 18 December 2018, paragraph 110). The Committee asks the Government to provide information on the specific measures taken to effectively reduce gender segregation in the labour market and to increase women’s representation in decision-making positions, both in the public and private sectors, including by combating gender stereotypes and through affirmative action measures, such as for example the introduction of gender quotas or increasing girls access to Science, Technology, Engineering and Mathematics (STEM) education. It asks the Government to continue to provide statistical information on the participation of men and women in education, training and employment, disaggregated by economic sector and occupation.

Reconciliation of work and family responsibilities. The Committee notes the Government’s indication concerning the increase of the maternity benefit rate and welcomes the establishment in July 2015 of a maternity leave fund to which employers contribute, according to the number of their employees irrespective of their sex, to finance maternity leave. It notes that, in November 2016, paid paternity leave was extended from two to five days in the public sector. The Committee notes that several initiatives were carried out by the NCPE, in particular within the framework of the “Equality beyond gender roles” programme, in order to raise awareness of the importance of men’s role in promoting gender equality; to break down stereotypes relating to traditional gender roles; to promote a fair and equal balance between paid and unpaid work; and increase awareness among employers and human resource managers on flexible-working arrangements and their relevance to gender equality. However, the Committee notes that in its 2017 annual report, the NCPE indicated that notwithstanding the implementation of several positive measures, such as free childcare for working parents, breakfast clubs and after-school and summer school programmes (“Klabb 3–16”), women still face a number of barriers to their full and equal participation in the labour market, as a result of gender roles and stereotypes as well as the unequal sharing of caring responsibilities between women and men. It notes that the NCPE indicated that, in 2017, 86.2 per cent of public employees benefiting from family-friendly working arrangements were women, while the percentage of men who benefited from family-friendly arrangements decreased from 16.1 per cent in 2015, to 13.8 per cent in 2016. The Committee asks the Government to continue to provide information on the measures taken to improve the reconciliation of work and family life for workers, both in the public and private sectors, including through the provision of free childcare facilities, and on the impact thereof. It further asks the Government to provide information on awareness-raising activities undertaken to address stereotyped assumptions about women’s responsibilities at home, and on their outcomes.

Enforcement. The Committee notes the Government’s general indication that, in 2016, 15 complaints related to discrimination were brought before the courts but that the grounds for discrimination were not specified. The Government adds that one case of discrimination was decided in favor of the complainant, while one case of sexual harassment was decided against the complainant. The Committee further notes that, according to its annual report, in 2017, the NCPE examined only nine complaints of alleged discrimination of which three were based on gender, three on race or origin, two on age and one on religion or belief. It notes that this number remained stable compared to 2016 but represented only half of the complaints registered in 2015. The Committee asks the Government to provide specific information on the number, nature and outcome of any cases of discrimination in employment and occupation addressed by the competent authorities, including the NCPE, the labour inspectorate and the courts, indicating the grounds of discrimination addressed, the sanctions imposed and the remedies provided. In light of the low and decreasing number of discrimination cases officially registered, it asks the Government to provide information on any activities undertaken to raise public awareness of the relevant legislative provisions, the procedures and remedies available related to the provisions of the Convention, and on their impact.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. Legislative developments. For a number of years, the Committee has been drawing the Government’s attention to the absence of legislation or practical measures providing protection against discrimination on the ground of social origin. It notes the Government’s indication in its report that the definition of “discriminatory treatment” in the Employment and Industrial Relations Act (EIRA), 2002, is non-exhaustive so that even though “social origin” is not specified, it could be a ground for discrimination under the Act. The Committee recalls that when legal provisions are adopted to give effect to the principle of the Convention, they should include at least all of the grounds set out in Article 1(1)(a) of the Convention (see the 2012 General Survey on the fundamental Conventions, paragraph 853). The Committee notes, however, that, as highlighted by the European Commission against Racism and Intolerance (ECRI) in its 2018 report, an Equality Bill is currently being prepared with the aim of introducing comprehensive legislation on discrimination in a single Act. It further notes that a Bill is also under preparation, which would replace the current National Commission for the Promotion of Equality (NCPE) with a Human Rights and Equality Commission. Both Bills were presented to Parliament in 2017, but are still in the process of enactment (CRI (2018)19, paragraphs 14 and 18). The Committee hopes that the Government will take this opportunity to ensure that any new legislation explicitly prohibits direct and indirect discrimination in all aspects of employment and occupation, on at least all of the seven grounds set out in Article 1(1)(a) of the Convention, including social origin, while also ensuring that the additional grounds already enumerated in the national legislation are maintained in the new legislation. It asks the Government to provide information on the status of the Equality Bill and the Human Rights and Equality Commission Bill, and to provide a copy of both texts once adopted.

Articles 2 and 3. Equality of opportunity and treatment irrespective of race, colour or national extraction. Referring to its previous comments on the initiatives taken to combat racial and ethnic discrimination, the Committee notes the Government’s indication that several awareness-raising activities, targeting in particular the African minority in Malta, as well as training sessions have been carried out by the NCPE, mainly focusing on diversity in the workplace. It welcomes the adoption of the first National Migrant Integration Strategy 2017–20 and its accompanying Action Plan (Vision 2020), launched in December 2017, which provide for awareness-raising campaigns concerning the attributes and needs of most vulnerable and stereotyped migrants. They also include mainstreaming integration policies and measures targeted at migrants, in particular in sectors such as education and employment. The Committee notes the detailed statistical information provided by the Government on the number of participants in training programmes and employees in the public and private sectors, disaggregated by gender and nationality. It notes that, according to Eurostat, Malta recorded the highest rates of immigration in 2017 (46 immigrants per 1,000 persons). However, the Committee notes that, in the context of the Universal Periodic Review, the United Nations Human Rights Council issued recommendations regarding the strengthening of the Government’s efforts to combat racial discrimination, in particular in access to employment, and the eradication of stereotypes and discrimination against migrants (A/HRC/40/17, 18 December 2018, paragraph 110). It further notes that the UN Special Rapporteur on the human rights of migrants also expresses concern at the exploitation by employers of migrants in an irregular situation, asylum seekers and refugees, who are made to work long hours and paid less than the minimum wage, without the required safety equipment or insurance, often in the construction, tourism and caregiving industries. According to the Special Rapporteur, such workers refrain from protesting and mobilizing due to their fear of being detected, detained and deported. The Special Rapporteur also observed that, while those contractors and subcontractors who are found to have exploited workers, including migrants, could be blacklisted and denied government contracts for a period of three years, sanctions against employers are rare in practice (A/HRC/29/36/Add.3, 12 May 2015, paragraphs 95 and 96). The Committee notes that in its 2018 report ECRI also expresses concern at the high number of complaints of extremely low wages and exploitation in unregistered employment, mostly among refugees (CRI(2018)19, paragraph 77). The Committee wishes to point out that under the Convention all migrant workers, including those in an irregular situation, must be protected from discrimination in employment on the basis of the grounds set out in Article 1(1)(a) of the Convention (see 2012 General Survey, paragraph 778). The Committee urges the Government to take proactive measures to combat stereotypes and discrimination based on race, colour or national extraction, and to effectively ensure equality of opportunity and treatment of migrant workers, including those in an irregular situation, asylum seekers and refugees, in education, training, employment and occupation, pursuant to the Convention. It also asks the Government to provide specific information on the implementation of any programmes undertaken in that regard, both at the national and enterprise levels, including in the framework of the National Migrant Integration Strategy and Action Plan 2017–20, as well as a copy of any relevant studies and reports evaluating their impact. It further asks the Government to provide information on the number and nature of cases in which migrant workers, asylum-seekers and refugees have faced racial stereotyping and discrimination in education, training, employment and occupation which have been dealt with by the NCPE, the labour inspectorate or the courts, as well as on the remedies provided.

General observation of 2018. With regard to the above issues, and in more general terms, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population. The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

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

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Legislative developments. The Committee notes section 2(1) of the Equality for Men and Women Act, as amended in 2012, which expands the coverage of the law beyond sex and family responsibilities to cover also sexual orientation, age, religion or belief, racial or ethnic origin, and gender identity. The Act was also amended in 2014 with respect to the shifting of the burden of proof, which is now applicable in any proceedings concerning the application of the principle of equal treatment. The Committee further notes that the National Commission for the Promotion of Equality (NCPE) examined three complaints on the basis of age and three complaints on the basis of sexual orientation in 2013 (NCPE, Annual Report 2013, page 20) and that the Employment and Training Corporation (ETC) has implemented various programmes to improve the access to employment of persons with disabilities. The Committee asks the Government to continue providing information on any complaints on discrimination filed with the NCPE, including any remedies provided or sanctions imposed. The Committee also requests the Government to provide information on the implementation of the Equal Treatment in Employment Regulations, 2004, including the number of cases brought to the courts or the NCPE pursuant to the Regulations and the grounds of discrimination alleged, as well as the cases of discrimination dealt with by the labour inspection and their outcome. Please also include information on the results achieved by the various programmes undertaken by the ETC seeking to increase access to employment for persons with disabilities.

Article 1 of the Convention. Grounds of discrimination. Social origin. For a number of years, the Committee has been drawing the Government’s attention to the absence of legislation or practical measures providing protection against discrimination on the ground of social origin. The Committee notes that once again the Government has not provided any information in its report on the measures taken or envisaged in law or practice to address discrimination on the basis of this ground. The Committee recalls that social origin refers to situations in which an individual’s membership of a class, socio-occupational category or caste determines his or her occupational future, either because he or she is denied access to certain jobs or activities, or is assigned to only certain jobs. It also recalls that, when legal provisions are adopted to give effect to the principle of the Convention, they should include at least all the grounds set out in Article 1(1)(a) of the Convention and that the protection afforded by the national legislation needs to be continually reviewed to ensure that it remains appropriate and effective, particularly in light of the regularly changing context and newly emerging grounds (see General Survey on the fundamental Conventions, 2012, paragraphs 802 and 853). The Committee once again asks the Government to provide information on any progress made in this respect and to indicate any measures taken or envisaged to address discrimination on the ground of social origin in employment and occupation with a view to ensuring protection against discrimination on at least all the grounds provided for in Article 1(1)(a) of the Convention.

Sexual harassment. The Committee notes that the Government has provided no information on the practical application of the public service guidelines on sexual harassment, the number of sexual harassment complaints lodged and the penalties imposed pursuant to section 9 of the Equality for Men and Women Act, which defines sexual harassment in employment and occupation, and section 29(2) of the Employment and Industrial Relations Act, which prohibits sexual harassment. The Committee notes, however, that according to a report of the National Commission for the Promotion of Equality (NCPE) in 2012, around one in ten women has been a victim of sexual harassment and that many of these instances are not reported to the authorities (Unlocking the female potential: Research report, January 2012, page 39). The Committee further notes that only two sexual harassment complaints were lodged with the NCPE in 2013, one of which was dismissed as unfounded. The Committee once again requests the Government to provide information on the practical application of section 29(2) of the Employment and Industrial Relations Act and section 9 of the Equality for Men and Women Act, including on the number of complaints filed regarding sexual harassment in employment and occupation in the private and public sectors and the penalties imposed. The Committee also requests the Government to provide information on the practical application of the guidelines on sexual harassment issued by the public service and to indicate any awareness-raising measures undertaken or envisaged regarding both quid pro quo and hostile environment forms of sexual harassment in the private sector.

Articles 1 and 2. Sex discrimination. The Committee has been referring for a number of years to the pre-1980 requirement for female public officers to resign due to marriage, and the negative impact of this measure on their pensionable remuneration. The Committee notes that the Government continues to provide no response on this matter. The Committee notes that, according to another report by the NCPE, 28 per cent of employers openly claim to take gender into consideration when recruiting new employees (Unlocking the female potential: Final report, December 2012, page 15). The Committee recalls that the Convention expressly addresses access to employment and that the application of the principle of equality guarantees every person the right to have his or her application for a chosen job considered equitably, without discrimination based on any of the grounds of the Convention. The Committee further recalls that sex based discrimination in the recruitment process is prohibited by section 4(1) of the Equality for Men and Women Act, 2003, which declares it unlawful to discriminate based on sex directly or indirectly “in determining who should be offered employment”. The Committee asks the Government to indicate the number of women who were re-employed following the withdrawal of the requirement to resign upon marriage, and it urges the Government to address the issue that periods of service that had ended as a result of this requirement are not recognized for the purposes of calculating pensions. The Committee further asks the Government to provide information on any measures taken, including through awareness-raising campaigns, to address sex-based discrimination during the recruitment process, in accordance with section 4(1) of the Equality for Men and Women Act, as well as on any complaint filed in this respect with the NCPE or the judicial authorities.

Article 2. National equality policy with respect to grounds other than sex. The Committee notes that the “Strengthening equality beyond legislation programme”, adopted in 2010, aims to address six grounds of discrimination: age, religion or belief, disability, race and ethnic origin, sexual orientation, and gender. The Committee further notes that some initiatives have been adopted to address discrimination on the ground of race and that in its 2013 report the NCPE refers to several activities related to race discrimination to be carried out in 2014. The Committee also notes the results of a study published in 2014 by the Department of Industrial and Employment Relations entitled “The Conditions and Employment and the Level of Integration of Third Country Nationals at their Place of Work”, which reveals that 88.3 per cent of workers from sub-Saharan Africa, as well as over half of workers from Asia, the Middle East and North Africa observed that their pay was less than that of workers of Maltese origin. The Committee further notes from the information provided by the Government to the United Nations Human Rights Committee that training on diversity management would be provided to public and private sector employers to encourage them to develop equality action plans and carry out diversity audits within their organizations (A/HRC/25/17/Add.1, 11 March 2014, paragraph 43). The Committee requests the Government to provide specific information on the implementation and results of the “Strengthening equality beyond legislation programme”, as well as on any other programmes and projects addressing discrimination, in particular the initiatives undertaken to combat racial or ethnic discrimination with respect to all aspects of employment and occupation. The Committee also requests the Government to provide information on any awareness-raising and diversity training programmes implemented for employers and their results. The Committee further requests the Government to provide statistical information on labour force participation in the public and private sectors disaggregated by sex, ethnic and/or national origin.

Equality of opportunity and treatment of men and women. The Committee notes that, in the framework of the “Living Equality” project, several training sessions were held for public officials covering the topics of gender auditing, gender impact assessments and the need for an equality policy in every workplace (Living equality final report, January 2009, pages 10–11). The Committee also notes the various projects and activities currently being carried out by the NCPE, such as the “Equality Mark Certification,” and it notes that the Government has enacted tax exemption schemes both for women who continue to work after childbirth and for those who return to the labour force after five years without employment. However, the Committee notes that, according to a January 2013 publication by the European Commission on “Gender balance in boards”, women represent just 3.5 per cent of the board members of the largest publicly listed companies in the country. In this respect, the Committee notes that in its 2013 report, the NCPE refers to the Directory of Professional Women established in 2014, which seeks to facilitate women’s access to higher paid positions by providing training on supervisory and decision-making skills and offering women the opportunity to be mentored by persons occupying high-level jobs. The Committee requests the Government to provide specific information on the projects and measures, including training and awareness-raising campaigns, adopted by the NCPE to promote equality of opportunity and treatment between men and women in employment and occupation and their impact on the women’s participation rate. The Committee requests the Government in particular to provide information on the implementation of the Directory of Professional Women project, as well as on all specific measures taken or envisaged to promote the access of women to vocational training and education, including activities traditionally carried out by men, and the results achieved.

Family responsibilities. With regard to the measures to increase the sharing of family responsibilities, the Committee notes that, according to the NCPE, childcare presented the most significant obstacle to women’s participation in the labour market (Unlocking the female potential: Final report, December 2012, page 15). In this respect, the Committee notes the Government’s introduction of free childcare centres in April 2014. The Committee also notes that in 2013 an amendment to the Employment and Industrial Relations Act, 2002, took effect to extend maternity leave from 16 to 18 weeks in duration. The Committee requests the Government to provide information on the impact of the provision of free childcare centres in facilitating women’s employment and to indicate whether this facility is also available for men workers. It also requests the Government to indicate any other measures taken or envisaged to improve the sharing of family responsibilities between men and women.

Enforcement. The Committee notes that, according to its 2013 annual report, the NCPE examined 12 complaints based on gender and five based on race or ethnic origin. The Committee asks the Government to continue providing information on the complaints lodged with the NCPE, as well as any cases related to discrimination before administrative or judicial bodies, including the Employment Commission and the Industrial Tribunal, indicating the grounds of discrimination addressed as well as any sanctions imposed or remedies provided.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Legislative developments. The Committee notes with interest section 2(1) of the Equality for Men and Women Act, as amended in 2012, which expands the coverage of the law beyond sex and family responsibilities to cover also sexual orientation, age, religion or belief, racial or ethnic origin, and gender identity. The Act was also amended in 2014 with respect to the shifting of the burden of proof, which is now applicable in any proceedings concerning the application of the principle of equal treatment. The Committee further notes that the National Commission for the Promotion of Equality (NCPE) examined three complaints on the basis of age and three complaints on the basis of sexual orientation in 2013 (NCPE, Annual Report 2013, page 20) and that the Employment and Training Corporation (ETC) has implemented various programmes to improve the access to employment of persons with disabilities. The Committee asks the Government to continue providing information on any complaints on discrimination filed with the NCPE, including any remedies provided or sanctions imposed. The Committee also requests the Government to provide information on the implementation of the Equal Treatment in Employment Regulations, 2004, including the number of cases brought to the courts or the NCPE pursuant to the Regulations and the grounds of discrimination alleged, as well as the cases of discrimination dealt with by the labour inspection and their outcome. Please also include information on the results achieved by the various programmes undertaken by the ETC seeking to increase access to employment for persons with disabilities.

Article 1 of the Convention. Grounds of discrimination. Social origin. For a number of years, the Committee has been drawing the Government’s attention to the absence of legislation or practical measures providing protection against discrimination on the ground of social origin. The Committee notes that once again the Government has not provided any information in its report on the measures taken or envisaged in law or practice to address discrimination on the basis of this ground. The Committee recalls that social origin refers to situations in which an individual’s membership of a class, socio-occupational category or caste determines his or her occupational future, either because he or she is denied access to certain jobs or activities, or is assigned to only certain jobs. It also recalls that, when legal provisions are adopted to give effect to the principle of the Convention, they should include at least all the grounds set out in Article 1(1)(a) of the Convention and that the protection afforded by the national legislation needs to be continually reviewed to ensure that it remains appropriate and effective, particularly in light of the regularly changing context and newly emerging grounds (see General Survey on the fundamental Conventions, 2012, paragraphs 802 and 853). The Committee once again asks the Government to provide information on any progress made in this respect and to indicate any measures taken or envisaged to address discrimination on the ground of social origin in employment and occupation with a view to ensuring protection against discrimination on at least all the grounds provided for in Article 1(1)(a) of the Convention.

Sexual harassment. The Committee notes that the Government has provided no information on the practical application of the public service guidelines on sexual harassment, the number of sexual harassment complaints lodged and the penalties imposed pursuant to section 9 of the Equality for Men and Women Act, which defines sexual harassment in employment and occupation, and section 29(2) of the Employment and Industrial Relations Act, which prohibits sexual harassment. The Committee notes, however, that according to a report of the National Commission for the Promotion of Equality (NCPE) in 2012, around one in ten women has been a victim of sexual harassment and that many of these instances are not reported to the authorities (Unlocking the female potential: Research report, January 2012, page 39). The Committee further notes that only two sexual harassment complaints were lodged with the NCPE in 2013, one of which was dismissed as unfounded. The Committee once again requests the Government to provide information on the practical application of section 29(2) of the Employment and Industrial Relations Act and section 9 of the Equality for Men and Women Act, including on the number of complaints filed regarding sexual harassment in employment and occupation in the private and public sectors and the penalties imposed. The Committee also requests the Government to provide information on the practical application of the guidelines on sexual harassment issued by the public service and to indicate any awareness-raising measures undertaken or envisaged regarding both quid pro quo and hostile environment forms of sexual harassment in the private sector.

Articles 1 and 2. Sex discrimination. The Committee has been referring for a number of years to the pre-1980 requirement for female public officers to resign due to marriage, and the negative impact of this measure on their pensionable remuneration. The Committee notes that the Government continues to provide no response on this matter. The Committee notes that, according to another report by the NCPE, 28 per cent of employers openly claim to take gender into consideration when recruiting new employees (Unlocking the female potential: Final report, December 2012, page 15). The Committee recalls that the Convention expressly addresses access to employment and that the application of the principle of equality guarantees every person the right to have his or her application for a chosen job considered equitably, without discrimination based on any of the grounds of the Convention. The Committee further recalls that sex based discrimination in the recruitment process is prohibited by section 4(1) of the Equality for Men and Women Act, 2003, which declares it unlawful to discriminate based on sex directly or indirectly “in determining who should be offered employment”. The Committee asks the Government to indicate the number of women who were re-employed following the withdrawal of the requirement to resign upon marriage, and it urges the Government to address the issue that periods of service that had ended as a result of this requirement are not recognized for the purposes of calculating pensions. The Committee further asks the Government to provide information on any measures taken, including through awareness-raising campaigns, to address sex-based discrimination during the recruitment process, in accordance with section 4(1) of the Equality for Men and Women Act, as well as on any complaint filed in this respect with the NCPE or the judicial authorities.

Article 2. National equality policy with respect to grounds other than sex. The Committee notes that the “Strengthening equality beyond legislation programme”, adopted in 2010, aims to address six grounds of discrimination: age, religion or belief, disability, race and ethnic origin, sexual orientation, and gender. The Committee further notes that some initiatives have been adopted to address discrimination on the ground of race and that in its 2013 report the NCPE refers to several activities related to race discrimination to be carried out in 2014. The Committee also notes the results of a study published in 2014 by the Department of Industrial and Employment Relations entitled “The Conditions and Employment and the Level of Integration of Third Country Nationals at their Place of Work”, which reveals that 88.3 per cent of workers from sub-Saharan Africa, as well as over half of workers from Asia, the Middle East and North Africa observed that their pay was less than that of workers of Maltese origin. The Committee further notes from the information provided by the Government to the United Nations Human Rights Committee that training on diversity management would be provided to public and private sector employers to encourage them to develop equality action plans and carry out diversity audits within their organizations (A/HRC/25/17/Add.1, 11 March 2014, paragraph 43). The Committee requests the Government to provide specific information on the implementation and results of the “Strengthening equality beyond legislation programme”, as well as on any other programmes and projects addressing discrimination, in particular the initiatives undertaken to combat racial or ethnic discrimination with respect to all aspects of employment and occupation. The Committee also requests the Government to provide information on any awareness-raising and diversity training programmes implemented for employers and their results. The Committee further requests the Government to provide statistical information on labour force participation in the public and private sectors disaggregated by sex, ethnic and/or national origin.

Equality of opportunity and treatment of men and women. The Committee notes that, in the framework of the “Living Equality” project, several training sessions were held for public officials covering the topics of gender auditing, gender impact assessments and the need for an equality policy in every workplace (Living equality final report, January 2009, pages 10–11). The Committee also notes the various projects and activities currently being carried out by the NCPE, such as the “Equality Mark Certification,” and it notes that the Government has enacted tax exemption schemes both for women who continue to work after childbirth and for those who return to the labour force after five years without employment. However, the Committee notes that, according to a January 2013 publication by the European Commission on “Gender balance in boards”, women represent just 3.5 per cent of the board members of the largest publicly listed companies in the country. In this respect, the Committee notes that in its 2013 report, the NCPE refers to the Directory of Professional Women established in 2014, which seeks to facilitate women’s access to higher paid positions by providing training on supervisory and decision-making skills and offering women the opportunity to be mentored by persons occupying high-level jobs. The Committee requests the Government to provide specific information on the projects and measures, including training and awareness-raising campaigns, adopted by the NCPE to promote equality of opportunity and treatment between men and women in employment and occupation and their impact on the women’s participation rate. The Committee requests the Government in particular to provide information on the implementation of the Directory of Professional Women project, as well as on all specific measures taken or envisaged to promote the access of women to vocational training and education, including activities traditionally carried out by men, and the results achieved.

Family responsibilities. With regard to the measures to increase the sharing of family responsibilities, the Committee notes that, according to the NCPE, childcare presented the most significant obstacle to women’s participation in the labour market (Unlocking the female potential: Final report, December 2012, page 15). In this respect, the Committee notes the Government’s introduction of free childcare centres in April 2014. The Committee also notes that in 2013 an amendment to the Employment and Industrial Relations Act, 2002, took effect to extend maternity leave from 16 to 18 weeks in duration. The Committee requests the Government to provide information on the impact of the provision of free child-care centres in facilitating women’s employment and to indicate whether this facility is also available for men workers. It also requests the Government to indicate any other measures taken or envisaged to improve the sharing of family responsibilities between men and women.

Enforcement. The Committee notes that, according to its 2013 annual report, the NCPE examined 12 complaints based on gender and five based on race or ethnic origin. The Committee asks the Government to continue providing information on the complaints lodged with the NCPE, as well as any cases related to discrimination before administrative or judicial bodies, including the Employment Commission and the Industrial Tribunal, indicating the grounds of discrimination addressed as well as any sanctions imposed or remedies provided.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 1(1)(b) of the Convention. Additional grounds of discrimination. The Committee notes the information contained in the Gender Equality Action Plan 2009–10 that the Employment and Training Corporation (ETC), the public employment service, provides special support to certain disadvantaged groups including persons with disabilities, and that 23 males and 11 females were placed on supported employment scheme between 2005 and 2006. The Committee notes, however, that the Government’s report does not contain any information in response to its previous requests with regard to the discrimination based on the grounds of age or sexual orientation. The Committee therefore once again asks the Government to provide information on the discrimination cases brought under the Equal Treatment in Employment Regulations 2004, such as their number, the grounds on which discrimination was alleged, whether they have been reported to the labour inspectors or detected by them during workplace visits, and the results thereof, including legal remedies provided and penalties imposed. Please also provide any other information on the measures taken to address discrimination in employment and occupation on the grounds of disability, age and sexual orientation.

Article 2. National policy with respect to grounds other than sex. The Committee notes that the Government’s report still does not contain any information on the national policy addressing discrimination on grounds other than sex. The Committee also notes that though the Equal Treatment of Persons Order, 2007 extended the mandate of the National Commission for the Promotion of Equality (NCPE) to cover equality on the basis of race and ethnic origin, its scope is still limited to the access to and provision of goods and services. Recalling the importance of the obligation to declare and pursue a national policy addressing discrimination based on at least all the grounds enumerated in the Convention, the Committee asks the Government to take the necessary action without delay to ensure and promote in practice equality of opportunity and treatment in employment and occupation and protection against direct and indirect discrimination in recruitment and training on the grounds of race, colour, religion, political opinion, national extraction and social origin. It also asks the Government to indicate the results secured by such action.

Equality of opportunity and treatment between men and women. The Committee notes the Government’s indication that throughout 2009, NCPE continued working to raise awareness on the rights and responsibilities related to equal opportunities and non-discrimination through various initiatives. The Government also states that, in 2009, NCPE concluded the EU co-funded project “Living Equality”, and gender mainstreaming has been strengthened within the national agenda to ensure equality of opportunity in the design, application, analysis and monitoring of all legislation and policies. Noting the Government’s indication that the Living Equality project promoted gender equality, the Committee asks the Government to provide information on concrete measures taken and results achieved. Please also provide information on the number of women at all levels of the public and private sectors, including in managerial or decision making positions. The Committee also requests information on any legislation and/or policies addressing gender issues which are currently under review.

Family responsibilities. The Committee notes the information provided by ETC that the 2010 budget has introduced a number of measures aimed at facilitating re-entry into employment and assisting in meeting both work and family responsibilities. The Committee also notes the Gender Equality Action Plan 2009–10, according to which “Nista” – The Benefits of Sharing Life’s Responsibilities” Campaign will be held. According to ETC, the campaign is a three year campaign that challenges cultural stereotypes pertaining to male and female roles within the family unit and at work through different media. In this connection, the Committee notes that the United Nations Committee on the Elimination of Discrimination against Women, in its concluding observations of 9 November 2010, remained concerned about the persistence of stereotypes on the roles of women, who still primarily assumed domestic and family responsibilities, and the lack of childcare facilities; it called for a comprehensive policy and increased efforts to address women’s disadvantaged position, and to facilitate the re-entry of women into the labour market (CEDAW/C/MLT/CO/4, 9 November 2010, paragraph 18-1). Noting the various measures taken by the Government with regard to the sharing of family responsibilities, the Committee asks the Government to continue to provide information in this respect, as well as the results achieved by the “Benefits of Sharing Life’s Responsibilities” campaign.

Access to vocational training and education. The Committee notes the Government’s indication that NCPE aims at raising awareness about the laws that dealt with equality between men and women with regard to advertising job vacancies, as well as courses, training or vocational guidance. Recalling that vocational training and education have an important role in determining the actual possibilities of gaining access to employment and occupations, the Committee asks the Government to provide information on the concrete measures taken or envisaged to address unequal access of women to training and education at all levels, including statistical data on the participation of men and women, and the results achieved.

Article 3(a). Cooperation with employers’ and workers’ organizations. The Committee previously asked for precise information on how the elimination of discrimination and the promotion of equality in employment and occupation is addressed by the Employment Relations Board and on any other measures taken by the Government to seek the cooperation of workers’ and employers’ organizations. Noting that the Government has not provided any information in this regard, the Committee again asks the Government to provide detailed information on how the Employment Relations Board addresses the issues of discrimination in employment and occupation and any other measures taken by the Government to cooperate with workers’ and employers’ organizations in this context.

Parts III–V of the report form. Enforcement. The Committee notes the Government’s indication that during 2009, the Industrial Tribunal received two new cases of alleged discrimination, and all four cases regarding discrimination were decided in favour of the complainants. The Committee once again asks the Government to provide more specific information on the cases concerning discrimination dealt with by the Industrial Tribunal, including the grounds of discrimination addressed, and the remedies provided. The Committee also requests information on any judicial or administrative decisions, including those of the Employment Commission, as well as any relevant violations reported to or detected by the labour inspectors.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

Repetition

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.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

Article 1(1)(b) of the Convention. Additional grounds of discrimination. The Committee notes the information contained in the Gender Equality Action Plan 2009–10 that the Employment and Training Corporation (ETC), the public employment service, provides special support to certain disadvantaged groups including persons with disabilities, and that 23 males and 11 females were placed on supported employment scheme between 2005 and 2006. The Committee notes, however, that the Government’s report does not contain any information in response to its previous requests with regard to the discrimination based on the grounds of age or sexual orientation. The Committee therefore once again asks the Government to provide information on the discrimination cases brought under the Equal Treatment in Employment Regulations 2004, such as their number, the grounds on which discrimination was alleged, whether they have been reported to the labour inspectors or detected by them during workplace visits, and the results thereof, including legal remedies provided and penalties imposed. Please also provide any other information on the measures taken to address discrimination in employment and occupation on the grounds of disability, age and sexual orientation.

Article 2. National policy with respect to grounds other than sex. The Committee notes that the Government’s report still does not contain any information on the national policy addressing discrimination on grounds other than sex. The Committee also notes that though the Equal Treatment of Persons Order, 2007 extended the mandate of the National Commission for the Promotion of Equality (NCPE) to cover equality on the basis of race and ethnic origin, its scope is still limited to the access to and provision of goods and services. Recalling the importance of the obligation to declare and pursue a national policy addressing discrimination based on at least all the grounds enumerated in the Convention, the Committee asks the Government to take the necessary action without delay to ensure and promote in practice equality of opportunity and treatment in employment and occupation and protection against direct and indirect discrimination in recruitment and training on the grounds of race, colour, religion, political opinion, national extraction and social origin. It also asks the Government to indicate the results secured by such action.

Equality of opportunity and treatment between men and women. The Committee notes the Government’s indication that throughout 2009, NCPE continued working to raise awareness on the rights and responsibilities related to equal opportunities and non-discrimination through various initiatives. The Government also states that, in 2009, NCPE concluded the EU co-funded project “Living Equality”, and gender mainstreaming has been strengthened within the national agenda to ensure equality of opportunity in the design, application, analysis and monitoring of all legislation and policies. Noting the Government’s indication that the Living Equality project promoted gender equality, the Committee asks the Government to provide information on concrete measures taken and results achieved. Please also provide information on the number of women at all levels of the public and private sectors, including in managerial or decision making positions. The Committee also requests information on any legislation and/or policies addressing gender issues which are currently under review.

Family responsibilities. The Committee notes the information provided by ETC that the 2010 budget has introduced a number of measures aimed at facilitating re-entry into employment and assisting in meeting both work and family responsibilities. The Committee also notes the Gender Equality Action Plan 2009–10, according to which “Nista” – The Benefits of Sharing Life’s Responsibilities” Campaign will be held. According to ETC, the campaign is a three year campaign that challenges cultural stereotypes pertaining to male and female roles within the family unit and at work through different media. In this connection, the Committee notes that the United Nations Committee on the Elimination of Discrimination against Women, in its concluding observations of 9 November 2010, remained concerned about the persistence of stereotypes on the roles of women, who still primarily assumed domestic and family responsibilities, and the lack of childcare facilities; it called for a comprehensive policy and increased efforts to address women’s disadvantaged position, and to facilitate the re-entry of women into the labour market (CEDAW/C/MLT/CO/4, 9 November 2010, paragraphs 18–1). Noting the various measures taken by the Government with regard to the sharing of family responsibilities, the Committee asks the Government to continue to provide information in this respect, as well as the results achieved by the “Benefits of Sharing Life’s Responsibilities” campaign.

Access to vocational training and education. The Committee notes the Government’s indication that NCPE aims at raising awareness about the laws that dealt with equality between men and women with regard to advertising job vacancies, as well as courses, training or vocational guidance. Recalling that vocational training and education have an important role in determining the actual possibilities of gaining access to employment and occupations, the Committee asks the Government to provide information on the concrete measures taken or envisaged to address unequal access of women to training and education at all levels, including statistical data on the participation of men and women, and the results achieved.

Article 3(a). Cooperation with employers’ and workers’ organizations. The Committee previously asked for precise information on how the elimination of discrimination and the promotion of equality in employment and occupation is addressed by the Employment Relations Board and on any other measures taken by the Government to seek the cooperation of workers’ and employers’ organizations. Noting that the Government has not provided any information in this regard, the Committee again asks the Government to provide detailed information on how the Employment Relations Board addresses the issues of discrimination in employment and occupation and any other measures taken by the Government to cooperate with workers’ and employers’ organizations in this context.

Parts III–V of the report form. Enforcement. The Committee notes the Government’s indication that during 2009, the Industrial Tribunal received two new cases of alleged discrimination, and all four cases regarding discrimination were decided in favour of the complainants. The Committee once again asks the Government to provide more specific information on the cases concerning discrimination dealt with by the Industrial Tribunal, including the grounds of discrimination addressed, and the remedies provided. The Committee also requests information on any judicial or administrative decisions, including those of the Employment Commission, as well as any relevant violations reported to or detected by the labour inspectors.

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

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.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1(1)(a), of the Convention. Legislation. Social origin. The Committee notes that the Government’s report contains no information in reply to its previous comments on the measures taken or envisaged in law and in practice to address discrimination on the ground of social origin. Recalling that where provisions are adopted in order to give effect to the principle contained in the Convention, they should include all the grounds of discrimination laid down in the Convention (General Survey of 1988, paragraph 58), the Committee invites the Government to consider including in its legislation provisions prohibiting discrimination on the ground of social origin. The Committee asks the Government to provide information on any measures taken in this regard.

Article 1(1)(b). Additional grounds of discrimination. The Committee notes from the Government’s report that the Inspectorate and Enforcement section of the Department of Industrial and Employment Relations has dealt with several cases of alleged discrimination under the Equal Treatment in Employment Regulations 2004. Noting that these Regulations deal with discrimination on the grounds of disability, age and sexual orientation, the Committee asks the Government to provide more specific information on the discrimination cases, such as their number, the grounds on which discrimination was alleged, whether they have been reported to the labour inspectors or detected by them during workplace visits, and the follow-up thereto in terms of legal remedies and penalties imposed. Please also provide any other information on the measures taken to address discrimination in employment and occupation on the grounds of disability, age and sexual orientation.

Sex discrimination. The Committee notes that the Government has once again not provided a reply to the concern expressed by the Committee on the subject of the employment service of female employees accumulated prior to the time they were required to resign due to marriage. It had noted previously that this period is counted as experience in access to jobs and promotions but is not recognized for the purposes of calculating pensions, thereby placing re-employed women at a distinct disadvantage because their actual years of service are not taken into account. The Committee therefore reiterates its earlier request to the Government and urges it to indicate in its next report how many women are still in service whose pensionable remuneration will be negatively affected by the fact that they were forced to resign due to marriage prior to 1980.

Sexual harassment. The Committee notes that the Government’s report contains no information on sexual harassment. Referring to its previous comments, the Committee asks the Government to provide information on any measures taken or envisaged to prevent and address sexual harassment at the workplace, such as awareness-raising campaigns, including in cooperation with employers’ and workers’ organizations.

Article 2. National policy with respect to grounds other than sex. The Committee notes that the Equal Treatment of Persons Order adopted in 2007 prohibits discrimination on the grounds of racial or ethnic origin in relation to the grant by a bank or a financial institution or insurance company of any facility in respect of the establishment, equipment or in the launching or extension of any business or form of self employment (section 5(1)). The Committee asks the Government to provide information on the practical application of these provisions and, if possible, on their impact in terms of development of self employment and businesses.

The Government’s report does not contain any other information in reply to the Committee’s previous comments on the national policy addressing discrimination on grounds other than sex. The Committee would like to remind the Government that while the prohibition of discrimination in national legislation represents an important step in the implementation of the Convention, it is not sufficient in itself to constitute a national policy within the meaning of Article 2 of the Convention. Such a policy necessarily includes the adoption and implementation of concrete and proactive measures, such as educational and awareness-raising programmes, aimed at the promotion of equality in employment and occupation in respect of all seven grounds listed in the Convention. The Committee again asks the Government to provide full particulars on the concrete measures taken to ensure and promote in practice equality of opportunity and treatment in employment and occupation and protection against direct and indirect discrimination in recruitment and training on the grounds of race, colour, religion, national extraction, political opinion and social origin, in accordance with the Convention.

Promoting equality of opportunities and treatment between men and women. The Committee notes that the Government points out in its report that the employment rate of women has increased from 33.4 per cent to 36.1 per cent in 2007. With regard to the activities carried out by the National Commission for the Promotion of Equality (NCPE), the Committee notes in particular that within the framework of the programme “The Gender Aspect from a Legal Perspective” (ESF/No.46), which aimed at increasing the participation and advancement of women in the labour market, a review of the Maltese laws and regulations was carried out and recommendations were issued. The Committee asks the Government to provide information on the measures taken to follow-up on these recommendations as regards employment and occupation, including any proposed amendments to existing legal provisions, and proposals for the introduction of new legal provisions to address gender issues. The Committee also asks the Government to provide detailed information on the situation of women in employment in the private sector, including statistical data on their representation in managerial positions. With reference to its previous comments, the Committee asks the Government to provide information on the measures taken to encourage the sharing of family responsibilities and measures taken by enterprises to set up childcare services.

Access to vocational training and education. The Committee notes that the Equal Treatment of Persons Order adopted in 2007 prohibits discrimination on the grounds of racial or ethnic origin in relation to education (section 4(1)(c)). It further notes the information provided by the Government on training programmes offered by the Employment and Training Corporation (ETC) but notes that, according to the Government’s report, no data are kept with regard to the number of men and women that have benefited from such training programmes. The Committee also notes that the ETC supports and targets disadvantaged groups to enhance their capabilities to enter the labour market, and that registered disabled persons and other vulnerable groups can benefit from this scheme. The Committee asks the Government to provide information on the manner in which access of girls and women to vocational training and education is promoted in order to increase their employment opportunities, in particular in jobs with career prospects and in positions with responsibility. It also encourages the Government to take the necessary measures to facilitate the collection and analysis by the ETC of data disaggregated by sex to enable an assessment of the impact of training programmes on the employment of women. It also asks the Government to continue to provide information on measures taken to improve the access of persons with disabilities to vocational training.

Article 3(a). Cooperation with employers’ and workers’ organizations. The Committee notes that the Government refers generally to the Employment Relations Board, a tripartite body constituted to make recommendations regarding the national minimum standard conditions of employment or sectoral regulations orders. The Committee asks the Government to provide precise information on how the elimination of discrimination and the promotion of equality in employment and occupation is addressed by the Employment Relations Board and on any other measures taken by the Government to seek the cooperation of workers’ and employers’ organizations, in accordance with Article 3(a) of the Convention.

Enforcement. The Committee notes that the Industrial Tribunal received eight new cases of alleged discrimination during 2007 to be added to the 13 already pending and that by the end of 2007, four cases had been decided. The Committee asks the Government to continue to provide information on the cases concerning discrimination dealt with by the Industrial Tribunal, including on their number, the grounds of discrimination, penalties imposed and remedies provided. Please also provide copies of judgements of the Industrial Tribunal and specific information on discrimination cases dealt with by the Employment Commission and the NCPE, including their outcome and the remedies provided.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 1, paragraph 1(a), of the Convention. Legislation. Social origin. The Committee notes that the Government’s report contains no information in reply to its previous comments on the measures taken or envisaged in law and in practice to address discrimination on the ground of social origin. Recalling that where provisions are adopted in order to give effect to the principle contained in the Convention, they should include all the grounds of discrimination laid down in the Convention (General Survey of 1988, paragraph 58), the Committee invites the Government to consider including in its legislation provisions prohibiting discrimination on the ground of social origin. The Committee asks the Government to provide information on any measures taken in this regard.

Article 1, paragraph 1(b). Additional grounds of discrimination. The Committee notes from the Government’s report that the Inspectorate and Enforcement section of the Department of Industrial and Employment Relations has dealt with several cases of alleged discrimination under the Equal Treatment in Employment Regulations 2004. Noting that these Regulations deal with discrimination on the grounds of disability, age and sexual orientation, the Committee asks the Government to provide more specific information on the discrimination cases, such as their number, the grounds on which discrimination was alleged, whether they have been reported to the labour inspectors or detected by them during workplace visits, and the follow-up thereto in terms of legal remedies and penalties imposed. Please also provide any other information on the measures taken to address discrimination in employment and occupation on the grounds of disability, age and sexual orientation.

Sex discrimination. The Committee notes that the Government has once again not provided a reply to the concern expressed by the Committee on the subject of the employment service of female employees accumulated prior to the time they were required to resign due to marriage. It had noted previously that this period is counted as experience in access to jobs and promotions but is not recognized for the purposes of calculating pensions, thereby placing re-employed women at a distinct disadvantage because their actual years of service are not taken into account. The Committee therefore reiterates its earlier request to the Government and urges it to indicate in its next report how many women are still in service whose pensionable remuneration will be negatively affected by the fact that they were forced to resign due to marriage prior to 1980.

Sexual harassment. The Committee notes that the Government’s report contains no information on sexual harassment. Referring to its previous comments, the Committee asks the Government to provide information on any measures taken or envisaged to prevent and address sexual harassment at the workplace, such as awareness-raising campaigns, including in cooperation with employers’ and workers’ organizations.

Article 2. National policy with respect to grounds other than sex. The Committee notes that the Equal Treatment of Persons Order adopted in 2007 prohibits discrimination on the grounds of racial or ethnic origin in relation to the grant by a bank or a financial institution or insurance company of any facility in respect of the establishment, equipment or in the launching or extension of any business or form of self employment (section 5(1)). The Committee asks the Government to provide information on the practical application of these provisions and, if possible, on their impact in terms of development of self employment and businesses.

The Government’s report does not contain any other information in reply to the Committee’s previous comments on the national policy addressing discrimination on grounds other than sex. The Committee would like to remind the Government that while the prohibition of discrimination in national legislation represents an important step in the implementation of the Convention, it is not sufficient in itself to constitute a national policy within the meaning of Article 2 of the Convention. Such a policy necessarily includes the adoption and implementation of concrete and proactive measures, such as educational and awareness-raising programmes, aimed at the promotion of equality in employment and occupation in respect of all seven grounds listed in the Convention. The Committee again asks the Government to provide full particulars on the concrete measures taken to ensure and promote in practice equality of opportunity and treatment in employment and occupation and protection against direct and indirect discrimination in recruitment and training on the grounds of race, colour, religion, national extraction, political opinion and social origin, in accordance with the Convention.

Promoting equality of opportunities and treatment between men and women. The Committee notes that the Government points out in its report that the employment rate of women has increased from 33.4 per cent to 36.1 per cent in 2007. With regard to the activities carried out by the National Commission for the Promotion of Equality (NCPE), the Committee notes in particular that within the framework of the programme “The Gender Aspect from a Legal Perspective” (ESF/No.46), which aimed at increasing the participation and advancement of women in the labour market, a review of the Maltese laws and regulations was carried out and recommendations were issued. The Committee asks the Government to provide information on the measures taken to follow-up on these recommendations as regards employment and occupation, including any proposed amendments to existing legal provisions, and proposals for the introduction of new legal provisions to address gender issues. The Committee also asks the Government to provide detailed information on the situation of women in employment in the private sector, including statistical data on their representation in managerial positions. With reference to its previous comments, the Committee asks the Government to provide information on the measures taken to encourage the sharing of family responsibilities and measures taken by enterprises to set up childcare services.

Access to vocational training and education. The Committee notes that the Equal Treatment of Persons Order adopted in 2007 prohibits discrimination on the grounds of racial or ethnic origin in relation to education (section 4(1)(c)). It further notes the information provided by the Government on training programmes offered by the Employment and Training Corporation (ETC) but notes that, according to the Government’s report, no data are kept with regard to the number of men and women that have benefited from such training programmes. The Committee also notes that the ETC supports and targets disadvantaged groups to enhance their capabilities to enter the labour market, and that registered disabled persons and other vulnerable groups can benefit from this scheme. The Committee asks the Government to provide information on the manner in which access of girls and women to vocational training and education is promoted in order to increase their employment opportunities, in particular in jobs with career prospects and in positions with responsibility. It also encourages the Government to take the necessary measures to facilitate the collection and analysis by the ETC of data disaggregated by sex to enable an assessment of the impact of training programmes on the employment of women. It also asks the Government to continue to provide information on measures taken to improve the access of persons with disabilities to vocational training.

Article 3(a). Cooperation with employers’ and workers’ organizations. The Committee notes that the Government refers generally to the Employment Relations Board, a tripartite body constituted to make recommendations regarding the national minimum standard conditions of employment or sectoral regulations orders. The Committee asks the Government to provide precise information on how the elimination of discrimination and the promotion of equality in employment and occupation is addressed by the Employment Relations Board and on any other measures taken by the Government to seek the cooperation of workers’ and employers’ organizations, in accordance with Article 3(a) of the Convention.

Enforcement. The Committee notes that the Industrial Tribunal received eight new cases of alleged discrimination during 2007 to be added to the 13 already pending and that by the end of 2007, four cases had been decided. The Committee asks the Government to continue to provide information on the cases concerning discrimination dealt with by the Industrial Tribunal, including on their number, the grounds of discrimination, penalties imposed and remedies provided. Please also provide copies of judgements of the Industrial Tribunal and specific information on discrimination cases dealt with by the Employment Commission and the NCPE, including their outcome and the remedies provided.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 1(1)(b). Other grounds. Noting that the Equal Treatment in Employment Regulations 2004 deal with discrimination on the basis of disability, age and sexual orientation, the Committee asks the Government to provide information on the practical application of the Regulations with respect to these grounds.

2. Article 2. National policy with respect to grounds other than sex. The Committee refers to its previous comments in which it noted the new legislation providing for equality of opportunity and treatment and prohibiting discrimination in employment and occupation on the basis of all the grounds in Article 1(1)(a) of the Convention, except social origin. The Committee notes that the Government’s report contains little other information on how the Government is promoting in practice a national policy of equality of opportunity and treatment in employment and occupation with respect to the grounds enumerated in the Convention. The Committee asks the Government to provide full particulars in its next report on the concrete measures taken to ensure and promote in practice equality of opportunity and treatment and protection against direct and indirect discrimination in recruitment and training on the grounds of race, colour, religion, national extraction and political opinion. Please also provide specific information on the measures taken or envisaged in law and in practice to address discrimination on the ground of social origin in accordance with the Convention.

3. Promoting equality of opportunity and treatment between men and women. The Committee notes the information in the Government’s report concerning the activities carried out, including by the National Commission for the Promotion of Equality (NCPE) and the Gender Unit of the Employment and Training Corporation to promote equality between men and women in the labour market. It notes in particular the activities to address gender stereotypes and roles in the labour market, the projects to increase women’s participation in the labour market through affordable childcare services at the workplace and to increase the participation of men in raising and caring for their children, and the project aimed at reaching out to women to assist them to participate, remain and advance in the labour market. The Committee asks the Government to provide detailed information, including statistical information disaggregated by sex, on the results achieved, in particular on the manner in which these projects have helped to improve the participation of women in private sector employment, including in jobs with career prospects and in posts of responsibility. Please also indicate the number of enterprises that have availed themselves of the proposed incentives to set up childcare services.

4. Access to vocational training and education The Committee notes that the Employment and Training Corporation is responsible for implementing Regulation No. 14 of the Business Promotion Regulations. Regulation No. 14 regulates the awarding of financial assistance to employers to provide training to new employees and those who wish to upgrade their skills, and promote retraining of employees whose skills no longer fit the requirements of the enterprise. The Government is requested to indicate the number of enterprises or employers that have availed themselves of the financial assistance for skills training and the number of men and women benefiting from this type of training, as well as the impact on their employment situation. Please also provide more detailed information (including statistical data on the participation of men and women), on any other programmes and measures taken or envisaged to increase women’s participation in a wide variety of vocational training courses and as such improve the employment opportunities, and the results achieved.

5. Enforcement. The Committee notes the information in the Government’s report on the cases concerning discrimination and victimization handled by the Industrial Tribunal. Please continue to provide information on the nature and number of cases and complaints concerning discrimination dealt with by the Industrial Tribunal, the Employment Commission and the National Commission for the Promotion of Equality, including their outcome and the remedies provided.

6. The Committee notes that the Government’s report contains no reply to any of the other points raised in its previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request which read in relevant parts as follows:

[…]

2. Article 1 of the Convention. Sexual harassment. The Committee notes that the Equality for Men and Women Act (Act No. 1 of 2003) prohibits sexual harassment in employment and occupation. The Committee notes the definition of sexual harassment (section 9(1)) and that the person responsible for any workplace is obliged to try to prevent the occurrence of sexual harassment at the workplace through such steps as are reasonably practicable (section 9(2)(a)). It also notes that any person harassing another person is guilty of an offence (without prejudice to any greater liability under any other law) which might result upon conviction to a fine or to imprisonment for not more than six months, or to both a fine and imprisonment (section 9(3)). The Committee requests the Government to provide information with its next report on the measures taken or envisaged to ensure the application of the prohibition of sexual discrimination and on alleged discrimination cases and their outcome.

3. Political opinion. Having noted previously the establishment of the Employment Commission under article 122(a) of the Maltese Constitution in order to protect against discrimination in employment and occupation on the ground of political opinion, the Committee reiterates its previous requests to the Government to provide information on the cases submitted to the Employment Commission and to provide copies of the Commission’s decisions and information on the activities of the Commission.

4. Sex discrimination. The Committee notes that the Government has not, as in previous years, provided a reply to the concern expressed by the Committee on the subject of the employment service of female employees accumulated prior to the time they were required to resign due to marriage. It has noted previously that this period is counted as experience in access to jobs and promotions but is not recognized for the purposes of calculating pensions, thereby placing re-employed women at a distinct disadvantage because their actual years of service are not taken into account. The Committee therefore reiterates its earlier request to the Government to indicate in its next report how many women are still in service whose pensionable remuneration will be negatively affected by the fact that they were forced to resign due to marriage prior to 1980.

[…]

7. Article 3(a). Cooperation with employers’ and workers’ organizations. The Committee also reiterates its previous request to the Government to provide information with its next report on the measures taken by the Government to seek the cooperation of workers’ and employers’ organizations, in accordance with Article 3(a) of the Convention.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Article 1(1)(f). Other grounds. Noting that the Equal Treatment in Employment Regulations 2004 deal with discrimination on the basis of disability, age and sexual orientation, the Committee asks the Government to provide information on the practical application of the Regulations with respect to these grounds.

2. Article 2. National policy with respect to grounds other than sex. The Committee refers to its previous comments in which it noted the new legislation providing for equality of opportunity and treatment and prohibiting discrimination in employment and occupation on the basis of all the grounds in Article 1(1)(a) of the Convention, except social origin. The Committee notes that the Government’s report contains little other information on how the Government is promoting in practice a national policy of equality of opportunity and treatment in employment and occupation with respect to the grounds enumerated in the Convention. The Committee asks the Government to provide full particulars in its next report on the concrete measures taken to ensure and promote in practice equality of opportunity and treatment and protection against direct and indirect discrimination in recruitment and training on the grounds of race, colour, religion, national extraction and political opinion. Please also provide specific information on the measures taken or envisaged in law and in practice to address discrimination on the ground of social origin in accordance with the Convention.

3. Promoting equality of opportunity and treatment between men and women. The Committee notes the information in the Government’s report concerning the activities carried out, including by the National Commission for the Promotion of Equality (NCPE) and the Gender Unit of the Employment and Training Corporation to promote equality between men and women in the labour market. It notes in particular the activities to address gender stereotypes and roles in the labour market, the projects to increase women’s participation in the labour market through affordable childcare services at the workplace and to increase the participation of men in raising and caring for their children, and the project aimed at reaching out to women to assist them to participate, remain and advance in the labour market. The Committee asks the Government to provide detailed information, including statistical information disaggregated by sex, on the results achieved, in particular on the manner in which these projects have helped to improve the participation of women in private sector employment, including in jobs with career prospects and in posts of responsibility. Please also indicate the number of enterprises that have availed themselves of the proposed incentives to set up childcare services.

4. Access to vocational training and education The Committee notes that the Employment and Training Corporation is responsible for implementing Regulation No. 14 of the Business Promotion Regulations. Regulation No. 14 regulates the awarding of financial assistance to employers to provide training to new employees and those who wish to upgrade their skills, and promote retraining of employees whose skills no longer fit the requirements of the enterprise. The Government is requested to indicate the number of enterprises or employers that have availed themselves- of the financial assistance for skills training and the number of men and women benefiting from this type of training, as well as the impact on their employment situation. Please also provide more detailed information (including statistical data on the participation of men and women), on any other programmes and measures taken or envisaged to increase women’s participation in a wide variety of vocational training courses and as such improve the employment opportunities, and the results achieved.

5. Enforcement. The Committee notes the information in the Government’s report on the cases concerning discrimination and victimization handled by the Industrial Tribunal. Please continue to provide information on the nature and number of cases and complaints concerning discrimination dealt with by the Industrial Tribunal, the Employment Commission and the National Commission for the Promotion of Equality, including their outcome and the remedies provided.

6. The Committee notes that the Government’s report contains no reply to any of the other points raised in its previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request which read in relevant parts as follows:

[…]

2. Article 1 of the Convention. Sexual harassment. The Committee notes that the Equality for Men and Women Act (Act No. 1 of 2003) prohibits sexual harassment in employment and occupation. The Committee notes the definition of sexual harassment (section 9(1)) and that the person responsible for any workplace is obliged to try to prevent the occurrence of sexual harassment at the workplace through such steps as are reasonably practicable (section 9(2)(a)). It also notes that any person harassing another person is guilty of an offence (without prejudice to any greater liability under any other law) which might result upon conviction to a fine or to imprisonment for not more than six months, or to both a fine and imprisonment (section 9(3)). The Committee requests the Government to provide information with its next report on the measures taken or envisaged to ensure the application of the prohibition of sexual discrimination and on alleged discrimination cases and their outcome.

3. Political opinion. Having noted previously the establishment of the Employment Commission under article 122(a) of the Maltese Constitution in order to protect against discrimination in employment and occupation on the ground of political opinion, the Committee reiterates its previous requests to the Government to provide information on the cases submitted to the Employment Commission and to provide copies of the Commission’s decisions and information on the activities of the Commission.

4. Sex discrimination. The Committee notes that the Government has not, as in previous years, provided a reply to the concern expressed by the Committee on the subject of the employment service of female employees accumulated prior to the time they were required to resign due to marriage. It has noted previously that this period is counted as experience in access to jobs and promotions but is not recognized for the purposes of calculating pensions, thereby placing re-employed women at a distinct disadvantage because their actual years of service are not taken into account. The Committee therefore reiterates its earlier request to the Government to indicate in its next report how many women are still in service whose pensionable remuneration will be negatively affected by the fact that they were forced to resign due to marriage prior to 1980.

[…]

7. Article 3(a). Cooperation with employers’ and workers’ organizations. The Committee also reiterates its previous request to the Government to provide information with its next report on the measures taken by the Government to seek the cooperation of workers’ and employers’ organizations, in accordance with Article 3(a) of the Convention.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. While noting the brief information provided in the Government’s report and the attached legislation, the Committee considers that this information is not sufficient for it to be able to assess the manner in which the Convention is applied in practice. It hopes that the Government will provide more detailed information with its next report on the application in practice of the principle of equality of opportunities and treatment for men and women workers in employment and occupation.

2. Article 1 of the Convention. Sexual harassment. The Committee notes that the Equality for Men and Women Act (Act No. 1 of 2003) prohibits sexual harassment in employment and occupation. The Committee notes the definition of sexual harassment (section 9(1)) and that the person responsible for any workplace is obliged to try to prevent the occurrence of sexual harassment at the workplace through such steps as are reasonably practicable (section 9(2)(a)). It also notes that any person harassing another person is guilty of an offence (without prejudice to any greater liability under any other law) which might result in conviction to a fine or to imprisonment for not more than six months, or to both a fine and imprisonment (section 9(3)). The Committee requests the Government to provide information with its next report on the measures taken or envisaged to ensure the application of the prohibition of sexual discrimination and on alleged discrimination cases and their outcome.

3. Political opinion. Having noted previously that the establishment of the Employment Commission under article 122(a) of the Maltese Constitution in order to protect against discrimination in employment and occupation on the ground of political opinion, the Committee reiterates its previous requests to the Government to provide information on the cases submitted to the Employment Commission and to provide copies of the Commission’s decisions and information on the activities of the Commission.

4. Sex discrimination. The Committee notes that the Government has not, as in previous years, provided a reply to the concern expressed by the Committee on the subject of the employment service of female employees accumulated prior to the time they were required to resign due to marriage. It has noted previously that this period is counted as experience in access to jobs and promotions but is not recognized for the purposes of calculating pensions, thereby placing re-employed women at a distinct disadvantage because their actual years of service are not taken into account. The Committee therefore reiterates its earlier request to the Government to indicate in its next report how many women are still in service whose pensionable remuneration will be negatively affected by the fact that they were forced to resign due to marriage prior to 1980.

5. Activities to promote gender equality in the private sector. The Committee notes the Business Promotion Act (Act No. 21 of 1988), as amended, up to Act No. 3 of 2004, provided by the Government. Having previously noted that section 18A provides for the opportunity to create subsidized child day-care centres at workplaces in order to enhance the participation of women in the labour market in the private sector, it reiterates its previous request to the Government to provide information in its next report on the actual implementation of this Act and on other initiatives to improve the participation of women in the private sector, including information on the number of industries that have availed themselves of said incentives and the impact of this measure on the employment of women in those industries. It also asks the Government to provide information with its next report on any further progress made by the Employment and Training Corporation (ETC) and the Commission for the Advancement of Women in promoting women’s employment and participation in training and to provide a copy of the report containing practical proposals on how to promote women’s participation.

6. Article 3(a). Cooperation with employers’ and workers’ organizations. The Committee also reiterates its previous request to the Government to provide information with its next report on the measures taken by the Government to seek the cooperation of workers’ and employers’ organizations, in accordance with Article 3(a) of the Convention.

7. Part IV of the report form. Enforcement. Having already noted the possibility for victims to lodge a discrimination claim within the time period of four months to the Industrial Tribunal (section 30) and the prohibition of victimization of a person alleging discrimination (section 28), the Committee requests the Government to provide detailed information with its next report on any cases referring to discrimination or victimization and the outcome of any cases being lodged.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report has not been received. It hopes that the Government will make every effort to provide information on the following matters for consideration at the Committee’s next session.

1. Article 1 of the Convention. Prohibited grounds of discrimination. The Committee recalls the enactment of the Employment and Industrial Relations Act (No. 22 of 2002) in December 2002 and notes the subsequent adoption of the Equal Treatment in Employment Regulations of 5 November 2004 (S.L. 452.95). It notes that taken together, these instruments set out the principle of equal opportunity in employment and occupation for men and women workers and prohibit discrimination on all the grounds under Article 1(1)(a) of the Convention except for social origin. The Committee requests the Government to provide information with its next report on the measures taken or envisaged in law and in practice to address discrimination on the ground of social origin in accordance with the Convention.

2. Recalling its previous comment with regard to equality of opportunity and treatment of men and women, the Committee requests the Government to provide information with its next report on the measures taken or envisaged by the National Commission for the Promotion of Equality for Men and Women to promote gender equality and to provide a copy of its annual report, once it has been issued. Please also supply information on the implementation and impact of the Equality for Men and Women Act.

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

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. While noting the brief information provided in the Government’s report and the attached legislation, the Committee considers that this information is not sufficient for it to be able to assess the manner in which the Convention is applied in practice. It hopes that the Government will provide more detailed information with its next report on the application in practice of the principle of equality of opportunities and treatment for men and women workers in employment and occupation.

2. Article 1 of the Convention. Sexual harassment. The Committee notes that the Equality for Men and Women Act (Act No. 1 of 2003) prohibits sexual harassment in employment and occupation. The Committee notes the definition of sexual harassment (section 9(1)) and that the person responsible for any workplace is obliged to try to prevent the occurrence of sexual harassment at the workplace through such steps as are reasonably practicable (section 9(2)(a)). It also notes that any person harassing another person is guilty of an offence (without prejudice to any greater liability under any other law) which might result in conviction to a fine or to imprisonment for not more than six months, or to both a fine and imprisonment (section 9(3)). The Committee requests the Government to provide information with its next report on the measures taken or envisaged to ensure the application of the prohibition of sexual discrimination and on alleged discrimination cases and their outcome.

3. Political opinion. Having noted previously that the establishment of the Employment Commission under article 122(a) of the Maltese Constitution in order to protect against discrimination in employment and occupation on the ground of political opinion, the Committee reiterates its previous requests to the Government to provide information on the cases submitted to the Employment Commission and to provide copies of the Commission’s decisions and information on the activities of the Commission.

4. Sex discrimination. The Committee notes that the Government has not, as in previous years, provided a reply to the concern expressed by the Committee on the subject of the employment service of female employees accumulated prior to the time they were required to resign due to marriage. It has noted previously that this period is counted as experience in access to jobs and promotions but is not recognized for the purposes of calculating pensions, thereby placing re-employed women at a distinct disadvantage because their actual years of service are not taken into account. The Committee therefore reiterates its earlier request to the Government to indicate in its next report how many women are still in service whose pensionable remuneration will be negatively affected by the fact that they were forced to resign due to marriage prior to 1980.

5. Activities to promote gender equality in the private sector. The Committee notes the Business Promotion Act (Act No. 21 of 1988), as amended, up to Act No. 3 of 2004, provided by the Government. Having previously noted that section 18A provides for the opportunity to create subsidized child daycare centres at workplaces in order to enhance the participation of women in the labour market in the private sector, it reiterates its previous request to the Government to provide information in its next report on the actual implementation of this Act and on other initiatives to improve the participation of women in the private sector, including information on the number of industries that have availed themselves of said incentives and the impact of this measure on the employment of women in those industries. It also asks the Government to provide information with its next report on any further progress made by the Employment and Training Corporation (ETC) and the Commission for the Advancement of Women in promoting women’s employment and participation in training and to provide a copy of the report containing practical proposals on how to promote women’s participation.

6. Article 3(a). Cooperation with employers’ and workers’ organizations. The Committee also reiterates its previous request to the Government to provide information with its next report on the measures taken by the Government to seek the cooperation of workers’ and employers’ organizations, in accordance with Article 3(a) of the Convention.

7. Part IV of the report form. Enforcement. Having already noted the possibility for victims to lodge a discrimination claim within the time period of four months to the Industrial Tribunal (section 30) and the prohibition of victimization of a person alleging discrimination (section 28), the Committee requests the Government to provide detailed information with its next report on any cases referring to discrimination or victimization and the outcome of any cases being lodged.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. Article 1 of the Convention. Legislative protection. The Committee notes the adoption of the Employment and Industrial Relations Act (Act No. 22 of 2002) in December 2002 (which is a consolidation of the Conditions of Employment (Regulation) Act and the Industrial Relations Act). It also notes with interest the adoption of the Equality for Men and Women Act (Act No. 1 of 2003) on 9 December 2003 which reinforces the legal protection against gender-based discrimination.

2. Prohibited grounds of discrimination. The Committee notes that section 26 of the Employment and Industrial Relations Act sets out the principle of equal opportunities in employment and occupation for men and women workers and prohibits discrimination on the following grounds: marital status, pregnancy or potential pregnancy, sex, colour, disability, religious conviction, political opinion or membership in a trade union or in an employers’ association. However, it notes that the Act does not include certain prohibited grounds of discrimination: race, national extraction and social origin, which are enumerated in Article 1(1)(a) of the Convention. The Committee requests the Government to provide detailed information with its next report on the measures taken or envisaged to ensure that discrimination on the grounds of race, national extraction and social origin are prohibited in law and practice in accordance with the Convention.

3. Equality of opportunity and treatment of men and women. The Committee notes that the Government has adopted for the first time an Equality for Men and Women Act prohibiting discrimination in employment and occupation on the grounds of sex or because of family responsibilities and that it explicitly prohibits sexual harassment in employment and occupation. It also notes the establishment of the National Commission for the Promotion of Equality for Men and Women (under section 12 of the Equality for Men and Women Act) which is responsible, inter alia, for identifying, establishing and updating all policies directly or indirectly related to issues of equality for men and women workers and for investigating and mediating any claim of discrimination. It notes that the Commission shall submit an annual report of its activities (section 15). The Committee requests the Government to provide information with its next report on the measures taken or envisaged by the National Commission for the Promotion of Equality for Men and Women to promote gender equality and to provide a copy of its annual report, once it has been issued. Please also supply information on the implementation and impact of the Act.

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

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information contained in the Government’s report. It requests the Government to provide further information in its next report on the following points.

1. The Committee notes that the Gender Equality Act has been drafted and will be enacted by the end of this year. The Committee requests the Government to supply a copy of the legislation once it is adopted and to provide information on its implementation and impact in promoting equality in employment and occupation.

2. The Committee notes with interest the activities described in the annual report 2000 organized by the Department of Women in Society in order to promote and mainstream gender equality in the country, in particular the activities carried out for the public sector, such as the establishment of focal points in all Government departments, the organization of seminars and the project proposal for a gender trainer for senior officials in the public service and the training of trainers in the field of gender equality. Recalling that women are poorly represented in management positions, the Committee notes with interest the course "Women in public management" and the new project to formulate a strategy for increasing women’s representation in decision-making positions in the public service. The Committee hopes the above initiatives will result in increasing the level of participation of women in the public service including in management positions and asks the Government to continue to provide information on the progress made in this regard.

3. The Committee notes that the activities to promote gender equality in employment focus mostly on the public sector. As for the private sector, the Committee notes the new initiative launched by the Institute for the Promotion of Small Enterprises to increase the growth of entrepreneurial start-ups managed by women. It also notes the information included in the Government’s report on the incentives and subsidies offered under section 18A of the Industrial Development Act, recently amended to read the Business Promotion Act. The Committee asks the Government to supply a copy of this new legislation and to continue to provide information in future reports on the implementation of this Act and on other initiatives to improve the participation of women in the private sector.

4. The Committee notes with interest that the Employment and Training Corporation (ETC) has set up a working committee on gender equality in employment and training, that a new six-week training programme for women re-entering the labour market has been set up and is now offered on a regular basis and that, together with the Commission for the Advancement of Women, ETC is formulating a report with a concrete proposal on how to promote women’s employment and training participation. The Committee hopes the Government will continue to supply information on further progress made by the ETC to enhance women’s training and employment opportunities.

5. The Committee has noted for some years now that the employment service of female employees accumulated prior to the time they were required to resign due to marriage is counted as experience in access to jobs and promotions but is not recognized for purposes of calculating pensions, and this puts re-employed women at a distinct disadvantage because their actual years of service are not taken into account. The Committee also noted that by means of OPM Circular 103/80 of 1980, female public officers are no longer required to resign on marriage. The Committee continues to hope that the Government will consider providing legal recourse to those negatively affected and will report on any such measures taken. The Committee also requests the Government to indicate how many women are still in service whose pensionable remuneration will be negatively affected by the fact that they were forced to resign before 1980.

6. The Committee notes that no new cases were submitted to the Employment Commission in the year 2000, and that five cases are still in proceedings. The Committee hopes that the Government will be able to supply copies of the Commissions’ decisions in its next report and asks the Government to continue to provide information on the Employment Commission’s activities.

7. The Committee would appreciate receiving information on measures taken by the Government to seek the cooperation of workers’ and employers’ organizations in accordance with Article 3(a) of the Convention.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

1.  The Committee notes the information contained in the Government’s brief report, as well as the attached documentation and statistical data. The Committee notes from the report that, in 1998, the Department for the Equal Status of Women changed its name to the Department of Women’s Rights and, following general elections that year, was placed under the Ministry for Social Policy. The Committee notes with interest the many and varied activities of the Department in promoting and mainstreaming gender equality in the different facets of Maltese society. The Committee would appreciate receiving information in future reports on the activities of the Department of Women’s Rights. In addition, the Committee notes that work is continuing on the drafting of a Gender Equality Act and that a draft bill is expected to be completed in 2000. The Committee requests the Government to continue to keep it apprised of progress in this regard and to supply a copy of the legislation once it is adopted.

2.  The Committee notes with interest the statistical data supplied by the Government in "Gender Trends in Malta: A Statistical Profile", which points to an increase in female students in school past the school-leaving age of 16 and an increase in the percentage of women in university education (from 44 per cent of the student body in 1990 to 50 per cent in 1995). The Committee notes, however, that the increase in the number of Maltese women pursuing higher education has not resulted in a corresponding increase in the percentage rate of women in the labour market. That percentage remained fairly stable from 1980 to 1995, increasing slightly, from 26.1 per cent in 1980 to 27 per cent in 1995. Women’s labour market participation rate did rise, however, increasing from 27.6 per cent in 1983 to 34.5 per cent in 1995. Women appear to be moving largely into part-time jobs, with the number of women in part-time employment increasing by 64.4 per cent from 1992 to 1995. In light of these figures, the Committee requests the Government to provide information on any measures taken to promote women’s access into the labour market, including any measures taken or envisaged to ensure women’s equal access to occupational guidance and placement services as well as any measures taken to promote the entry of women into full-time employment.

3.  The Committee further notes from the statistical data provided that there are few women in positions of decision-making authority in both the public and the private sectors in Malta. There are no women at the two highest levels of the public service, with one woman and 25 men at the third highest level of the public service. In the private sector, women make up 12.5 per cent of those employees holding top and middle-management positions, although this figure rises to 26.5 per cent in the case of self-employment. The Committee would appreciate receiving information on any steps taken to promote women’s advancement and their greater representation in higher-level positions in both public and private sector employment.

4.  Referring to its previous comments on the 1995 amendments to the Social Security Act with respect to the definition of "head of household", the Committee notes with interest that the provision establishing the husband as the "sole head of household" was amended to define the head of household in a gender-neutral manner as "such person as is, in the opinion of the Director of Social Security, the head of the household". In this context, the Committee notes from the report that the Director of Social Security determines the "head of household" on the basis of age, selecting the oldest of the members of the household, whether the household consists of a couple or where the household is comprised of two or more persons. The Committee further notes that the schedule of the daily rate for social security benefits was amended in 1997 in order to render the categories of beneficiaries gender neutral.

5.  The Committee notes that section 18A of the Industrial Development Act offers financial incentives and subsidies to companies to encourage them to establish childcare facilities for their employees, including leasing a structure to be used for the facilities on a rent-free basis for the first three years of the lease, with reduced rent thereafter, and financing of approved training for childcare centre staff. The Committee requests the Government to supply information in future reports on the practical application of section 18A, including information on the number of industries that have availed themselves of said incentives and the effect of this measure on the employment of women in those industries.

6.  The Committee notes from the report that nine new cases were submitted to the Employment Commission from 1997 to 1999. The Committee recalls that the Commission was established under article 122(A) of the Maltese Constitution in order to protect against discrimination in employment on the ground of political opinion. According to the Government, two of the cases are no longer in front of the Commission, while two were decided in favour of the defendants. The Committee requests the Government to attach copies of the decisions with its next report.

7.  The Committee notes that the Government’s report contains no reply to the following point raised in its previous direct request:

The Committee notes that the employment service of female employees accumulated prior to their marriage is not recognized, which puts re-employed women at a distinct disadvantage because their actual years of service are not taken into account. It notes the Government’s indication that this is an issue to be resolved. Recalling paragraph 41 of its 1988 General Survey on equality in employment and occupation in which it considered that distinctions based on civil status are discriminatory by nature under the terms of the Convention to the extent that they result in a requirement or condition being imposed on an individual of a particular sex that would not be imposed on an individual of another sex, the Committee requests the Government to inform it of any measures under discussion in this regard. It would also appreciate receiving information on measures taken or envisaged by the Government to seek the cooperation of employers’ and workers’ organizations on this issue, in accordance with Article 3(a) of the Convention.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes with interest the Government's sustained efforts to promote equality of opportunity and treatment in employment for women, demonstrated by the establishment in 1996 of the Parliamentary Secretariat for Women's Rights and the activities of the Department of Equal Status for Women and the Commission for the Advancement of Women, including its elaboration of a 1997-2000 Programme for Action which also functions as a tool for the implementation of the Platform for Action of the Fourth Conference on Women. The Committee would appreciate receiving information on the status of implementation of this Programme for Action.

2. With reference to its previous direct request regarding legislation affecting the status of women in employment and occupation, the Committee notes with interest from the 1997 Annual Report of the Department of Equal Status of Women that the Parliamentary Secretariat for Women's Rights has set up an ad hoc committee to study the drafting of a sex discrimination Act which will provide for the establishment of an equal opportunities commission with the mandate to investigate cases of sex-based discrimination and provide remedies. The Committee notes that such action would be in conformity with ILO Recommendation No. 111 and requests the Government to keep it informed of developments in this regard.

3. The Committee notes that, following the entry into force of Act XX of 1996, which amends the Income Tax Act (Chapter 123), married couples can now file a joint income tax return request signed by both spouses where, under previous legislation, the husband was the only recognized person able to file an income tax return request. It also notes that in 1995 the Social Security Act was amended with regard to the definition of "head of household". Where previously the law recognized the husband as the "sole head of household", the new provisions define the head of household as "such person as is in the opinion of the Director of Social Security the head of the household". The Committee requests the Government to provide information on the criteria used by the Director of Social Security in determining the head of household. In addition, the Committee notes that the schedules in which benefits are laid down refer to two categories, namely "a single parent or married man who is maintaining his wife" and "any other person". It requests the Government to indicate whether it intends to bring these schedules in line with the new definition of head of household.

4. The Committee notes from the information supplied by the Government that measures were taken to ensure that the Industrial Development Act, passed by Parliament, offered incentives and subsidies to those industries that plan to set up a childcare centre at the workplace. The Committee requests the Government to supply it with a copy of the Act and to provide information on the subsidies granted for childcare centres under the Act. Further, noting the Government's statement that it is committed to introducing legislation to update the provisions of the Conditions of Employment (Regulation) Act and that consultations are taking place with the social partners, and other interested parties, the Committee requests the Government to keep it informed of progress in this area, especially concerning sexual harassment, protection of pregnant workers and parental leave, as mentioned in previous reports.

5. The Committee notes that the employment service of female employees accumulated prior to their marriage is not recognized, which puts re-employed women at a distinct disadvantage because their actual years of service are not taken into account. It notes the Government's indication that this is an issue to be resolved. Recalling paragraph 41 of its 1988 General Survey on equality in employment and occupation in which it considered that distinctions based on civil status are discriminatory by nature under the terms of the Convention to the extent that they result in a requirement or condition being imposed on an individual of a particular sex that would not be imposed on an individual of another sex, the Committee requests the Government to inform it of any measures under discussion in this regard. It would also appreciate receiving information on measures taken or envisaged by the Government to seek the cooperation of employers' and workers' organizations on this issue, in accordance with Article 3(a) of the Convention.

6. With reference to its previous direct request on sex-based segregation in the labour market, the Committee notes the data supplied on the gender profile of the labour market. It notes from the Government's report that the Department on Equal Status of Women planned to collect, analyse and publish the information emerging from the population census held in November 1995 and subsequently develop recommendations for initiatives to help men and women achieve equality more effectively. The Committee would appreciate receiving a copy of the report "Gender trends in Malta: A statistical profile", as well as being informed of any recommendations developed on the basis of the analysis undertaken, other than those that may be contained in the national action programme.

7. The Committee notes the information provided by the Government on the general functioning of the Employment Commission, established under article 122(A) of the Constitution in order to protect against political discrimination in employment. The Committee would appreciate receiving information on the kinds of cases being handled by the Commission, as well as copies of any decisions which would demonstrate how the national policy on the elimination of political discrimination in employment is being effectively implemented through the national machinery.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

1. The Committee notes with interest the Government's sustained efforts to promote equality of opportunity and treatment in employment for women, demonstrated by the establishment in 1996 of the Parliamentary Secretariat for Women's Rights and the activities of the Department of Equal Status for Women and the Commission for the Advancement of Women, including its elaboration of a 1997-2000 Programme for Action which also functions as a tool for the implementation of the Platform for Action of the Fourth Conference on Women. The Committee would appreciate receiving information on the status of implementation of this Programme for Action.

2. With reference to its previous direct request regarding legislation affecting the status of women in employment and occupation, the Committee notes with interest from the 1997 Annual Report of the Department of Equal Status of Women that the Parliamentary Secretariat for Women's Rights has set up an ad hoc committee to study the drafting of a sex discrimination Act which will provide for the establishment of an equal opportunities commission with the mandate to investigate cases of sex-based discrimination and provide remedies. The Committee notes that such action would be in conformity with ILO Recommendation No. 111 and requests the Government to keep it informed of developments in this regard.

3. The Committee notes that, following the entry into force of Act XX of 1996, which amends the Income Tax Act (Chapter 123), married couples can now file a joint income tax return request signed by both spouses where, under previous legislation, the husband was the only recognized person able to file an income tax return request. It also notes that in 1995 the Social Security Act was amended with regard to the definition of "head of household". Where previously the law recognized the husband as the "sole head of household", the new provisions define the head of household as "such person as is in the opinion of the Director of Social Security the head of the household". The Committee requests the Government to provide information on the criteria used by the Director of Social Security in determining the head of household. In addition, the Committee notes that the schedules in which benefits are laid down refer to two categories, namely "a single parent or married man who is maintaining his wife" and "any other person". It requests the Government to indicate whether it intends to bring these schedules in line with the new definition of head of household.

4. The Committee notes from the information supplied by the Government that measures were taken to ensure that the Industrial Development Act, passed by Parliament, offered incentives and subsidies to those industries that plan to set up a childcare centre at the workplace. The Committee requests the Government to supply it with a copy of the Act and to provide information on the subsidies granted for childcare centres under the Act. Further, noting the Government's statement that it is committed to introducing legislation to update the provisions of the Conditions of Employment (Regulation) Act and that consultations are taking place with the social partners, and other interested parties, the Committee requests the Government to keep it informed of progress in this area, especially concerning sexual harassment, protection of pregnant workers and parental leave, as mentioned in previous reports.

5. The Committee notes that the employment service of female employees accumulated prior to their marriage is not recognized, which puts re-employed women at a distinct disadvantage because their actual years of service are not taken into account. It notes the Government's indication that this is an issue to be resolved. Recalling paragraph 41 of its 1988 General Survey on equality in employment and occupation in which it considered that distinctions based on civil status are discriminatory by nature under the terms of the Convention to the extent that they result in a requirement or condition being imposed on an individual of a particular sex that would not be imposed on an individual of another sex, the Committee requests the Government to inform it of any measures under discussion in this regard. It would also appreciate receiving information on measures taken or envisaged by the Government to seek the cooperation of employers' and workers' organizations on this issue, in accordance with Article 3(a) of the Convention.

6. With reference to its previous direct request on sex-based segregation in the labour market, the Committee notes the data supplied on the gender profile of the labour market. It notes from the Government's report that the Department on Equal Status of Women planned to collect, analyse and publish the information emerging from the population census held in November 1995 and subsequently develop recommendations for initiatives to help men and women achieve equality more effectively. The Committee would appreciate receiving a copy of the report "Gender trends in Malta: A statistical profile", as well as being informed of any recommendations developed on the basis of the analysis undertaken, other than those that may be contained in the national action programme.

7. The Committee notes the information provided by the Government on the general functioning of the Employment Commission, established under article 122(A) of the Constitution in order to protect against political discrimination in employment. The Committee would appreciate receiving information on the kinds of cases being handled by the Commission, as well as copies of any decisions which would demonstrate how the national policy on the elimination of political discrimination in employment is being effectively implemented through the national machinery.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Discrimination on the basis of sex. The Committee notes with interest the Government's continuing efforts to promote equality of opportunity and treatment in employment for women, demonstrated by the upgrading in 1994 of the implementing secretariat to the level of Department of Equal Status for Women, the numerous sensitization and educational campaigns which it has undertaken during the reporting period, and the work of the Commission for the Advancement of Women including its elaboration of a 1994-96 Plan of Action for equality. The Committee would appreciate receiving information on the results achieved by the new Plan of Action in respect of women's access to employment and terms and conditions of employment.

2. With reference to its previous direct request, the Committee notes from the 1994 annual report of the Department of Equal Status for Women that government departments conducted an exercise to identify how the legislative changes already introduced in 1993 were affecting their regulations, policies and practices. As a result of this exercise several departments changed their policies or regulations in order to conform with the gender equality laws. Another exercise was conducted regarding the interpretation that the courts were giving to the new Family Law, which resulted in some shortcomings being identified and further amendments being drafted to fill them. Regarding the proposed amendments to the Conditions of Employment (Regulation) Act regarding equal treatment and opportunities, protection against discrimination, better conditions of work for part-timers and measures for men and women workers with family responsibilities, the Committee notes, again from the 1994 annual report of the Department of Equal Status for Women, that the Commission for the Advancement of Women has been working with the Ministry of Education and Human Resources on amendments to the employment legislation, for tabling in Cabinet in early 1995. The Commission's proposals now also include protection of the dignity of all employees, including from sexual harassment and further protection during pregnancy. According to the Government, the proposals are still being considered. In this connection, the Committee notes that the Commission has also recommended to the Ministry of Human Resources that parental leave be extended to employees in the private sector, and has recommended to the management and personnel office of the Prime Minister's Office that unpaid parental leave in the civil service should be longer, extended to fathers who are civil servants and shared by husband and wife if both are civil servants. Noting that the 1995 annual report of the Department of Equal Status for Women does not give details on this legal reform, the Committee requests the Government to inform it, in its next report, of developments regarding the adoption of the proposed new legislation and the parental leave recommendations.

3. Regarding its earlier comment on the marked sex segregation in the labour market, the Committee notes the efforts of the Employment and Training Corporation, described in the above-mentioned 1994 annual report, to provide female school-leavers with better counselling and training for the modern world of work. Noting that there is little data supplied on the breakdown according to sex of the labour market, the Committee would appreciate receiving a copy of the profile of Maltese women being prepared for publication in 1995 by the Workers' Participation Development Centre of the University and which is to include, inter alia, data and comments on women's education and training, employment and income.

4. Noting that annexed to the Government's most recent report is a copy of the 1995 annual report of the Department for the Equal Status of Women which refers to the national report on Maltese women prepared for the Fourth Conference on Women, held in Beijing in September 1995, the Committee would appreciate receiving a copy of that report.

5. Discrimination on the basis of political opinion. The Committee notes the Government's indication that the Employment Commission, established under article 122A of the Constitution in order to protect against political discrimination in employment, has been constituted and is dealing with cases referred to it, but has so far not published any report. The Committee would appreciate receiving information on the kinds of cases being handled by the Commission, as well as copies of any decisions which would demonstrate how the national policy on the elimination of political discrimination in employment is being effectively implemented through the national machinery.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

1. The Committee notes with interest the amendments to the Civil Code (commonly known as the Family Law) made by Act XXI of 1993, which introduce equal legal rights between married women and their husbands, as well as the entry into force on 1 July 1993 of the 1991 constitutional amendments providing protection and remedies against gender discrimination. According to the 1993 Annual Report published by the Maltese Secretariat for the Equal Status of Women, the above amendments have also resulted in other legislative changes to eliminate discrimination against women, for example in laws regulating passports, banking, commerce and social security. The Committee requests the Government to indicate in its next report the impact of the legislative changes in relation to women's access to vocational training and employment, and the terms and conditions of their employment.

2. Noting that the Secretariat for the Equal Status of Women has proposed amendments to the Conditions of Employment (Regulation) Act regarding equal treatment and opportunities, protection against discrimination, better conditions of work for part-timers who are often women, and measures for men and women workers with family responsibilities, and that these are being discussed in consultations with trade unions, employers' organizations and the Maltese Commission for the Advancement of Women, the Committee requests to be kept informed on the results of these discussions.

3. The Committee notes the information provided by the above-mentioned Annual Report on the steadily growing number of women in higher education. It also notes the continuous collaboration between the Secretariat for the Equal Status of Women, the Employment and Training Corporation and the Department of Education, in order to offer broader training and employment opportunities to women. However, there is no indication of change in the high degree of sex segregation in the labour market which has traditionally resulted in the concentration of women in a narrow range of industries and occupations. The Committee therefore requests further information on the measures taken or envisaged to enable women to become professionally active in fields that have been male dominated.

4. The Committee notes that the Government's report contains no information on the work of the Employment Commission, established under article 122A of the Constitution in order to ensure that no distinction, exclusion or preference on the basis of political opinion is made in employment. The Committee therefore repeats its previous request to the Government to provide information on how the Commission examines complaints it receives. The Committee also asks the Government to supply copies of any decisions taken by the Commission concerning discrimination in employment on the basis of political opinion.

5. Regretting that despite a specific request to this effect, the Government's report contains no indication of measures taken to eliminate discrimination on grounds other than sex, the Committee again asks for detailed information on the steps taken to promote equality of opportunity and treatment irrespective of race, colour, religion, political opinion, national extraction and social origin, with special reference to:

(a) access to vocational training;

(b) access to employment and particular occupations; (c) terms and conditions of employment. In this connection, the Committee is particularly interested in information on the measures taken to promote equality of opportunity and treatment:

(i) in employment, vocational training and vocational guidance under a national authority;

(ii) through legislation and educational programmes; and

(iii) in cooperation with workers' and employers' organizations and other appropriate bodies.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

1. Discrimination on the basis of sex. The Committee notes with interest the Government's continuing efforts to promote equality of opportunity and treatment in employment for women, demonstrated by the upgrading in 1994 of the implementing secretariat to the level of Department of Equal Status for Women, the numerous sensitization and educational campaigns which it has undertaken during the reporting period, and the work of the Commission for the Advancement of Women including its elaboration of a 1994-96 Plan of Action for equality. The Committee would appreciate receiving information on the results achieved by the new Plan of Action in respect of women's access to employment and terms and conditions of employment.

2. With reference to its previous direct request, the Committee notes from the 1994 annual report of the Department of Equal Status for Women that government departments conducted an exercise to identify how the legislative changes already introduced in 1993 were affecting their regulations, policies and practices. As a result of this exercise several departments changed their policies or regulations in order to conform with the gender equality laws. Another exercise was conducted regarding the interpretation that the courts were giving to the new Family Law, which resulted in some shortcomings being identified and further amendments being drafted to fill them. Regarding the proposed amendments to the Conditions of Employment (Regulation) Act regarding equal treatment and opportunities, protection against discrimination, better conditions of work for part-timers and measures for men and women workers with family responsibilities, the Committee notes, again from the 1994 annual report of the Department of Equal Status for Women, that the Commission for the Advancement of Women has been working with the Ministry of Education and Human Resources on amendments to the employment legislation, for tabling in Cabinet in early 1995. The Commission's proposals now also include protection of the dignity of all employees, including from sexual harassment and further protection during pregnancy. According to the Government, the proposals are still being considered. In this connection, the Committee notes that the Commission has also recommended to the Ministry of Human Resources that parental leave be extended to employees in the private sector, and has recommended to the management and personnel office of the Prime Minister's Office that unpaid parental leave in the civil service should be longer, extended to fathers who are civil servants and shared by husband and wife if both are civil servants. Noting that the 1995 annual report of the Department of Equal Status for Women does not give details on this legal reform, the Committee requests the Government to inform it, in its next report, of developments regarding the adoption of the proposed new legislation and the parental leave recommendations.

3. Regarding its earlier comment on the marked sex segregation in the labour market, the Committee notes the efforts of the Employment and Training Corporation, described in the above-mentioned 1994 annual report, to provide female school-leavers with better counselling and training for the modern world of work. Noting that there is little data supplied on the breakdown according to sex of the labour market, the Committee would appreciate receiving a copy of the profile of Maltese women being prepared for publication in 1995 by the Workers' Participation Development Centre of the University and which is to include, inter alia, data and comments on women's education and training, employment and income.

4. Noting that annexed to the Government's most recent report is a copy of the 1995 annual report of the Department for the Equal Status of Women which refers to the national report on Maltese women prepared for the Fourth Conference on Women, held in Beijing in September 1995, the Committee would appreciate receiving a copy of that report.

5. Discrimination on the basis of political opinion. The Committee notes the Government's indication that the Employment Commission, established under article 122A of the Constitution in order to protect against political discrimination in employment, has been constituted and is dealing with cases referred to it, but has so far not published any report. The Committee would appreciate receiving information on the kinds of cases being handled by the Commission, as well as copies of any decisions which would demonstrate how the national policy on the elimination of political discrimination in employment is being effectively implemented through the national machinery.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

1. Referring to its previous direct requests, the Committee takes note of the information contained in the Government's brief report to the effect that the Employment Commission, established under article 122A of the Constitution to ensure that no distinction, exclusion or preference on the ground of political opinion is given in employment but not functioning since 1981, is now fully reconstituted and functioning. Noting the Government's statement that the Employment Commission has received a number of complaints and is dealing with them, the Committee would appreciate receiving with the Government's next report information on the way in which the Commission examines such complaints, as well as copies of any decisions handed down concerning discrimination in employment on the ground of political opinion, which is prohibited under Article 1, paragraph 1(a), of the Convention.

2. Regarding the proposals of the Commission for the Advancement of Women for the adoption of provisions granting to both men and women parental leave, family leave and adoption leave, and granting paternity leave to men, the Committee notes the following from the 1992 Annual Report published by the Secretariat for the Equal Status of Women:

- that the Commission, which assists the Secretariat in an advisory capacity, has been active in a number of legislative areas (e.g. it met with the Prime Minister to discuss the publication of the draft Bill to amend the Family Act and with the Minister for Social Security to discuss amendments to the Social Security Act);

- that the Commission assisted government departments to identify laws or practices which discriminate against women, laws which had to be amended by 30 June 1993;

- that equality for both sexes in the public sector was advanced when policies were officially adopted to allow part-time teaching staff the full unpaid leave entitlement awarded to full-time staff, and to allow nurses and professional medical officers to work on a sessional basis while they are on the one-year unpaid leave to look after their families.

Nevertheless, the Committee would appreciate receiving from the Government, in its next report, specific information on the progress towards the adoption of the proposals of the Commission for the Advancement of Women, in particular indications as to whether the above-mentioned draft Bills to amend the Family Act and the Social Security Act are indeed those to which the Government made reference in previous reports.

Moreover, the Committee asks the Government to confirm that any laws or practices identified as discriminating against women were in fact amended by 30 June 1993, thus complying with Article 3(c) of the Convention.

3. Regarding the request for information on progress towards the achievement of equality between men and women, including indications of measures taken to ensure equal opportunity in access by women to higher paid and skilled occupations within the economy, the Committee takes note of the information in the above-mentioned 1992 Annual Report. In particular, it notes with interest the efforts of the Secretariat for the Equal Status of Women to introduce goals and timetables to increase the percentage of women in high positions (a target of 15 per cent by the end of 1995) and to compile a "Directory of Maltese women" supplying, in computerized form, information on the qualifications, skills, activities and experience of women from the different sectors of Maltese society so that ministries, government departments, local associations, organizations and trade unions can search for suitably qualified women to serve on public bodies. The Committee also notes its success in having circulars addressed by the Administration Division of the Office of the Prime Minister to ministers encouraging the appointment of more women to government boards and bodies. Stressing the link between education and access to a wider variety of jobs, the Committee notes from the report that the number of women in higher education has grown steadily over the last years: in 1982 21.7 per cent of University of Malta students were women, and in 1992 this figure had more than doubled to 46 per cent; although still concentrated in arts and education courses, women are now enrolling in a wider range of fields, notably law, medicine and communications.

At the same time, however, the Committee notes that the report recognizes the continuing high degree of sex segregation in the labour market which results in women workers being concentrated in a narrow range of industries and occupations. Moreover, while welcoming the initiatives of the Employment and Training Corporation, described in the report, for young school-leavers and women returners to the workforce, the Committee cannot but note that the demand was for office skills courses (for clerks, receptionists and personal computer users) or those concerned with child-care and job-seeking skills. The Committee hopes that the Secretariat for the Equal Status of Women will continue its collaboration with the Employment and Training Corporation so that broader training and employment opportunities are offered to women.

The Committee requests the Government to continue providing information on the progress achieved towards equality of opportunity and treatment between men and women, in particular to supply copies of the future annual reports of the Secretariat for the Equal Status of Women with a copy of the information pack which the Secretariat provides on its work.

4. Noting also from the above-mentioned report that the Secretariat for the Equal Status of Women worked closely with the Central Office of Statistics on a project to improve sex-disaggregated statistics, and that the last detailed statistics were supplied by the Government in 1988, the Committee asks the Government to provide, in its next report, data on the percentage of female students in education and training institutions and on the workforce participation of women compared with that of men.

5. As recent government reports have focused on the elimination of sex-based discrimination, the Committee asks the Government, in its next report, to supply information on all steps taken for the effective promotion of equality of opportunity and treatment, irrespective of race, colour, religion, political opinion, national extraction and social origin, and on the results achieved with regard to:

(a) access to vocational training;

(b) access to employment and to particular occupations;

(c) terms and conditions of employment. In this connection, the Government is more particularly requested to indicate the measures taken to promote equality of opportunity and treatment:

(i) in employment, vocational training and vocational guidance under a national authority;

(ii) through legislation and educational programmes;

(iii) in cooperation with workers' and employers' organizations and other appropriate bodies.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

1. Referring to its previous observations, the Committee notes the information supplied by the Government in the 1992 Annual Report of the Secretariat for the Equal Status of Women on the measures taken, in pursuance of the constitutional right to equality between men and women, to promote equality of opportunity and treatment in employment, such as: the identification of discriminatory laws or practices; strengthening of public sector focal points on gender equality; adoption of policies in the public sector ensuring equal conditions of work and encouraging the appointment of more women to government boards and bodies; removal of gender inequalities in the education system; efforts to increase female participation in adult education and varied training programmes; and awareness-raising campaigns for the general public or particular target groups such as teachers.

2. The Committee is pursuing in a direct request its previous request for information on the activities and recommendations of the Commission for the Advancement of Women and the Secretariat for the Equal Status of Women, in particular the results achieved by these specialized bodies.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes that the Government's report contains no reply to its comments and merely states that there have been no changes from its previous report, that it is seeking reports from the Commission for the Advancement of Women to be sent to the Office and that the comments made by the Committee of Experts have been noted. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

1. Further to previous comments, the Committee recalls that the Employment Commission, established under article 122A of the Constitution to ensure that no distinction, exclusion or preference on the grounds of political opinion is given in employment, has not functioned since it was adjourned on 11 August 1981 and that consideration was being given in a Parliamentary Ad Hoc Committee to amending the Constitution to ensure the uninterrupted functioning of the Employment Commission.

The Committee notes that as of 1 August 1990 a Secretary of the Employment Commission has been appointed, but that neither the Chairman nor the members of the Commission have been appointed. The Government reports that it is ready to constitute the Commission immediately upon a case being submitted under subsections (8) or (9) of article 122A. The Committee also notes the information supplied by the Government on the Constitutional Court cases of Cacopardo and Galea in which remedies were awarded to the plaintiffs upon findings of discrimination in employment based on political opinion in violation of article 46 of the Constitution.

While noting the importance it attaches to the existence of judicial avenues of redress in cases of discrimination, the Committee would draw the Government's attention to the need to establish (and make operational) appropriate agencies for the purpose of promoting application of the policy of equal opportunity in employment and occupation, including responsibility to receive, examine and investigate relevant complaints and to render opinions or issue decisions concerning the manner in which evident discriminatory practices should be corrected. Reference is again made in this regard to paragraph 196 of the Committee's General Survey on Equality in Employment and Occupation and to paragraph 4 of the Discrimination (Employment and Occupation) Recommendation, 1958 (No. 111). The Committee hopes the Government will be able to report in the near future that the Employment Commission, or a similar agency, is once again functioning. It also requests the Government to continue to supply court decisions relevant to the application of the Convention.

2. The Committee notes with interest that the Commission for the Advancement of Women has proposed to the Government the adoption of provisions granting to both men and women parental leave, family leave and adoption leave, and granting paternity leave to men. The Committee asks the Government to continue to provide information on the progress made in the adoption of the above provisions.

3. The Committee again requests the Government to continue to communicate relevant documents, including studies and statistics, so that the Committee may follow the progress achieved in respect of equality of opportunity for men and women. It also hopes the Government will be able to provide information on measures taken to promote and ensure opportunity of access by women to higher paid and skilled occupations within the economy.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes that the Government's report contains no reply to previous comments. It must therefore repeat its previous observation which read as follows:

1. The Committee notes with interest an amendment to the Constitution, substituting the former article 14, aimed at ensuring equal rights for women workers, with the provision that the State shall promote the equal right of men and women to enjoy all economic, social, cultural, civil and political rights and for this purpose shall take appropriate measures to eliminate all forms of discrimination between the sexes. It further notes the amendment to article 45 of the Constitution authorizing the taking of special measures aimed at accelerating de facto equality between men and women. The Committee would be grateful if the Government would provide information on the measures contemplated or taken pursuant to these sections to promote equality of opportunity and treatment between men and women in the field of the Convention. 2. The Committee notes with interest the establishment of the Commission for the Advancement of Women in 1989, which is entrusted with, among other duties, the proposal of amendments to be made to national laws to achieve equal status in a truly meaningful manner. It also notes with interest the establishment of the Secretariat for the Equal Status of Women in 1989, which has among its objectives the promotion and encouragement of effective implementation of the principles of equality between women and men in every sphere of Maltese life, including the promotion of co-responsibility within the family. The Committee requests the Government to continue to provide information on activities and recommendations of the Commission and the Secretariat, indicating in particular the level of responsibility each of these agencies has in national policy-making and the results they have achieved in the field of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee thanks the Government for the information provided in reply to its previous direct request on the cooperation of employers' and workers' organisations in the promotion of the Convention.

1. Further to previous comments, the Committee recalls that the Employment Commission, established under article 122A of the Constitution to ensure that no distinction, exclusion or preference on the grounds of political opinion is given in employment, has not functioned since it was adjourned on 11 August 1981 and that consideration was being given in a Parliamentary Ad Hoc Committee to amending the Constitution to ensure the uninterrupted functioning of the Employment Commission.

The Committee notes that effective 1 August 1990 a Secretary of the Employment Commission has been appointed, but that neither the Chairman nor the members of the Commission have been appointed. The Government reports that it is ready to constitute the Commission immediately upon a case being submitted under subsections (8) or (9) of article 122A. The Committee also notes the information supplied by the Government on the Constitutional Court cases of Cacopardo and Galea in which remedies were awarded to the plaintiffs upon findings of discrimination in employment based on political opinion in violation of article 46 of the Constitution.

While noting the importance it attaches to the existence of judicial avenues of redress in cases of discrimination, the Committee would draw the Government's attention to the need to establish (and make operational) appropriate agencies for the purpose of promoting application of the policy of equal opportunity in employment and occupation, including responsibility to receive, examine and investigate relevant complaints and to render opinions or issue decisions concerning the manner in which evident discriminatory practices should be corrected. Reference is again made in this regard to paragraph 196 of the Committee's General Survey on Equality in Employment and Occupation and to paragraph 4 of the Discrimination (Employment and Occupation) Recommendation, 1958 (No. 111). The Committee hopes the Government will be able to report in the near future that the Employment Commission, or a similar agency, is once again functioning. It also requests the Government to continue to supply court decisions relevant to the application of the Convention.

2. The Committee notes with interest that the Commission for the Advancement of Women has proposed to the Government the adoption of provisions granting to both men and women parental leave, family leave and adoption leave, and granting paternity leave to men. The Committee asks the Government to continue to provide information on the progress made in the adoption of the above provisions.

3. The Committee again requests the Government to continue to communicate relevant documents, including studies and statistics, so that the Committee may follow the progress achieved in respect of equality of opportunity for men and women. It also hopes the Government will be able to provide information on measures taken to promote and ensure opportunity of access by women to higher paid and skilled occupations within the economy.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

1. The Committee notes with satisfaction the adoption of Act No. XIX of 1991 amending article 45 of the Constitution to include the term "sex" among the grounds contained in the definition of discrimination (subsection 3) and to prohibit affording differential treatment to persons wholly or mainly due to their sex with respect to matters of personal law including adoption, marriage, dissolution of marriage, burial and devolution of property on death (subsection 4(c)).

2. The Committee notes with interest another amendment to the Constitution, substituting the former article 14, aimed at ensuring equal rights for women workers, with the provision that the State shall promote the equal right of men and women to enjoy all economic, social, cultural, civil and political rights and for this purpose shall take appropriate measures to eliminate all forms of discrimination between the sexes. It further notes the amendment to article 45 of the Constitution authorising the taking of special measures aimed at accelerating de facto equality between men and women. The Committee would be grateful if the Government would provide information on the measures contemplated or taken pursuant to these sections to promote equality of opportunity and treatment between men and women in the field of the Convention.

3. The Committee notes with interest the establishment of the Commission for the Advancement of Women in 1989, which is entrusted with, among other duties, the proposal of amendments to be made to national laws to achieve equal status in a truly meaningful manner. It also notes with interest the establishment of the Secretariat for the Equal Status of Women in 1989, which has among its objectives the promotion and encouragement of effective implementation of the principles of equality between women and men in every sphere of Maltese life, including the promotion of co-responsibility within the family. The Committee requests the Government to continue to provide information on activities and recommendations of the Commission and the Secretariat, indicating in particular the level of responsibility each of these agencies has in national policy-making and the results they have achieved in the field of the Convention.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee notes the information and statistics provided in the Government's reports covering the period 1 July 1986 and 30 June 1988.

1. In earlier comments the Committee noted that the Employment Commission set up under section 122A (now section 120) of the Constitution, "to ensure that, in respect of employment, no distinction, exclusion or preference that is not justifiable in a democratic society is made or given in favour or against any person by reason of his political opinions", was adjourned sine die on 11 August 1981. The Committee requested the Government to indicate any other machinery available in the event of alleged discrimination in employment and occupation, to ensure compliance with Articles 2 and 3(d) of the Convention.

The Committee notes the information in the Government's most recent report that the Commission did not function owing to the resignation of members, that the members have not been replaced, and the Commission is not functioning at present. The Government indicates that the Commission dealt with six complaints, five of which were found to be outside the scope of the law and the sixth was decided against the claimant. The Committee notes that talks are now being undertaken through a Parliamentary Select Committee to study any amendments that need to be made to the Maltese Constitution in order to strengthen the democratic system of the country and that although a final report has not yet been submitted, in a published interim report the Committee showed that amongst the projected amendments is one on the Employment Commission to ensure its uninterrupted functioning. The Committee notes also that section 46(i), (2) and (3) of the Constitution of Malta, (which prohibit any person from being 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 of any public authority") and Article 14 of the European Convention for the Protection of Human Rights and Fundamental Freedom which has been incorporated into Maltese legislation by the European Convention Act No. XIV of 1987 (entitling persons to fundamental rights and freedom set forth in the European Convention "without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, natural or social origin, association with a national minority, property, birth or other status") are enforcable in Maltese courts.

The Committee refers to paragraph 196 of its 1988 General Survey on Equality in Employment and Occupation and to paragraph 4 of the Discrimination (Employment and Occupation) Recommendation, 1958 (No. 111) according to which appropriate agencies, assisted where practicable by advisory committees composed of representatives of employers' and workers' organisations and of other interested bodies, should be established for the purpose of promoting application of a policy of equal opportunity in employment and occupation in all fields of public and private employment, including responsibility to receive, examine and investigate complaints that the policy is not being observed, to consider any complaints which cannot be effectively settled by conciliation and to render opinions or issue decisions concerning the manner in which discriminatory practices revealed should be corrected. The Committee accordingly hopes that the Government will soon be able to report that a specialised agency like the Employment Commission is functioning again and that it will supply full particulars on its activities.

The Committee also asks that the Government provide information on the practical application and enforcement of section 46(1), (2) and (3) of the Constitution and Article 14 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, including any judicial decisions rendered thereunder.

2. The Committee notes with interest the statistical information provided by the Government to monitor results accomplished through the Government's policy of promoting equal opportunity in employment and occupation for men and women. The Committee notes the Government's indication of steps taken to remove traditional restrictions which prevent women from fully developing their personality and from giving due contribution to economic life. The Government states that such steps include the introduction in the public service and in parastatal organisations of family leave of up to 12 months for women who need leave for taking care of young people; the introduction, by Act No. XIV of 1988, of a parental allowance payable to a woman who has the care of a child under 11 years of age and who is not following a gainful occupation; the passage of the Education Act, 1988 which removed previous restrictions for admission to university based on sponsorship by an employer; and the strengthening of kindergarten programmes to care for children of working parents.

The Committee asks the Government to indicate in its next report if consideration has been given or action taken or envisaged to ensure men are provided the same benefits as women with respect to family leave of up to 12 months for men who need leave for taking care of young people and those benefits provided in Act No. XIV of 1988 as described above. Noting statistics provided by the Government showing the placement of working women in the economy, the Committee asks that information be provided regarding efforts taken to promote and ensure opportunity of access by women to higher paid and skilled occupations within the economy.

The Committee requests the Government to continue to communicate all relevant documents, including studies and statistics, enabling the Committee to follow the progress achieved in respect of equality of opportunity for men and women.

3. The Committee requests the Government to indicate any further measures taken to seek the co-operation of employers' and workers' organisations and of appropriate bodies in promoting the acceptance and observance of a policy to eliminate discrimination in respect of employment and occupation under the Convention.