The much-awaited Equality Act, aimed at giving legal protection to victims of discrimination and harmonizing the Maltese Equality and non-Discrimination laws, will include sexist policies that discriminate against people on the basis of their sex.

Minister for Equality Edward Zammit Lewis was presenting Bills numbers 96 and 97, the Equality Act and the Commission for Human Rights and Equality Act, prior to their continued discussion in Parliament.

The sexist part of this policy is under the “positive action measures” bullet, which have been explained as measures needed to reach equality, such as the gender correction being implemented in the Parliament reform.

The two amendments, which are the result of five years of consultation, were praised as “another social revolution in the country” by the Equality Minister, and would overtake the minimum standards set in Europe.

Asked whether he recognizes that, although certain policies in the bill would not be legally considered discrimination, they would still fit the dictionary definition of discrimination, Minister Zammit Lewis said that they “do not agree that they are discriminatory” and that “they are intended to achieve that gender balance that is so important”.

“We did nothing more than what President Von Der Leyen, who invited the member states to send a woman who is qualified to be commissioner, and now we have the most gender-balanced European Commission that we’ve ever had.”

Von der Leyen’s proposal was met with criticism from some quarters for being more focused on having a gender-balanced commission rather than a capable one. This policy received criticism for putting too much emphasis on the gender-balancing factor of the candidates.

When further pressed whether he even recognizes that there is a difference between a legal definition and a dictionary definition of work, Zammit Lewis said that he has “no doubt” and that “there can be ramifications”.

“We believe that this is the way forward and we will continue moving forward.”

He did mention that there would be scrutiny from the Courts, as there is with every other law.

This newsroom had already pointed out that the Maltese constitution, after recent amendments, allows for discrimination on the basis of sex in certain cases.

 

Photos Alenka Falzon

What is in the Bills?

The oxymoron of the Equality Act in relation to the above is that it is hyper-focused on protecting people based on their immutable characteristics such as age, religion, race, disability, and (ironically) sex, amongst many others.

The different forms of discrimination will also be defined. Definitions such as direct or indirect discrimination, victimization, hate speech, and association.

Article 6 of the act is where the discrimination comes in, named “general exceptions” and “differential treatment”. A number of these are inescapable, such as “social benefits based on age”, and “employment of people on the basis of their health”.

Article 26 further specifies that temporary positive measures will be used to ensure that the public administration will be made up of at least 40% women, and 40% men – regardless of the fact that some of the individuals hired may be of less quality and potential than their counterparts of the opposite gender.

This will include a sunset clause which will allow the newly created Commission to evaluate the need for this policy after 10 years.

Victims of discrimination will also be able to take their case to the Equality Board as well as the Civil Courts.

 

Commission for Human Rights and Equality

The Commission for Human Rights and Equality will be taking the place of the National Commission for the Protection of Equality, and will be the first National Institution for Human Rights in line with international standards.

It will answer only to Parliament and is completely autonomous from the Government.

The Commission will be composed of a Commissioner and eight other members who will be chosen through a public call, after which nominees will be grilled and two-thirds of parliament will be required for approval.

The role of the Commission will also include promoting a culture of human rights and equality, providing independent assistance and information, and opening legal processes itself where it sees fit, amongst other things.

A separate board will also be created which will have the ability to impose measures to rectify any situation, administrative penalties and fines.