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Towards A Robust Human Rights And Equality Framework

Mur għall-verżjoni Maltija

 

This consultation has concluded.

Consultation Outcome

 
 
Feedback Published
 
 
 
Please be informed that submissions were published on the webpage of this consultation at the end of the scoping phase. The lead Ministry has sole discretion upon the publication of comments.
 
Received contributions, together with the identity of the contributor, are published on the Internet, unless the contributor objects to the publication of his/her personal data on the grounds that such publication would harm his/her legitimate interests. In this case the contribution may be published in anonymous form. Otherwise the contribution will not be published nor will, in principle, its content be taken into account.  Any objections concerning the publication of personal data should be sent to the service responsible for the consultation on the following email address: onlineconsultations@gov.mt.
 

Original Consultation 

 
 
1.      Progress so Far
 
In its bid to strengthen the human rights and equality framework in Malta, Government embarked on a process to restructure current legislation regulating the sector. The scope is to empower the institution which monitors the implements of the said legislation, and provide individuals with an effective mechanism against discrimination and other human rights breaches.
 
The national human rights institution is to be modelled on both the United Nations’ Paris Principles, as well as the European Union’s equality body model laid out in EU equality directives.
 
To this end, the Government launched an initial Scoping Consultation during 24th February – 28th March 2014, and followed it up with a White Paper Consultation during 10th December 2014 – 10th February 2015, on the setting up of a Human Rights and Equality Commission based on the Paris Principles. Through this White Paper, two legislative initiatives were launched:
 
1.      A Bill towards an Equality Act that will aim to meet the highest anti-discrimination and equality standards; and
2.      A Bill towards a Human Rights and Equality Commission Act that will set up the Commission.
 
In the meantime, a Human Rights and Integration Directorate was set up within the framework of the Ministry for Social Dialogue, Consumer Affairs and Civil Liberties (MSDC) in November 2015.
 
Additionally, Malta ratified Protocol 12 of the European Convention on Human Rights providing for a general prohibition of discrimination. The Protocol removes the current limitation in the application of Article 14 (non-discrimination) of the Convention and guarantees that no-one shall be discriminated against on any ground by any public authority.
 
2.      The Bills
 
On 10 December 2015, International Human Rights Day, MSDC presented drafts of the two aforementioned Bills during a public seminar. These Bills are now open for the last round of public consultation prior to their presentation in Parliament for their 1st reading.
 
3.      Consultation Questions
 
The Government is asking the general public to reflect on the two Bills and provide input as follows.
 
a)      Where there is an issue with a specific Article in any one of the Bills, a direct reference to the name of the Bill and the specific Article is made, and comments about what needs to be added or removed are presented as brief and direct as possible.

It will be appreciated if alternative formulations, additions, subtractions, etc., to ensure a correct understanding and the best reflection of the proposal/s being made.
 
b)      Where there is an issue that the Bills are silent or are too generic about, the concern should first be explained and ideally formulated in terms of a concrete proposal.
 
 
 
     4.      Presentations
 
 
 
5.      Submission of Input
 
Submissions were sent in through the following channels:
 
Online form:    www.msdc.gov.mt/humanrights
 
By email:         humanrights.msdc@gov.mt
 
By post:           Human Rights & Equality Consultation
                        Ministry for Social Dialogue, Consumer Affairs and Civil Liberties
                        Barriera Wharf,
                        Valletta VLT 1971
 
 
This consultation ended on Friday, 31 January 2016.
 

Data Protection Statement Data Protection Act (Chapter 440)

 
The Data Protection Act, 2001 regulates the processing of personal data whether held electronically or in manual form. The Ministry for Social Dialogue, Consumer Affairs and Civil Liberties collects only information which is necessary for it to perform its intended functions and is set to fully comply with the Data Protection Principles as set out in the Act.  Verification of the ID number provided will take place as deemed necessary. All personal data provided will be processed according to the Data Protection Act (Cap 440).
 
 
In addition, please be aware of:
 
·         Disclosure under the Freedom of Information Act (Chapter 496)
As we are a public authority all documents we hold, including documents related to this public consultation process, may be released following a request to us under the Freedom of Information Act (Chap. 496), unless such request may be subject of an exemption arising from the same Act.
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White Paper Consultation

 This consultation ran through 10th December 2014 till 10th February 2015.
 
Progress so far
 
Following the first phase of consultation that closed on the 28 March 2014, the Ministry for Social Dialogue, Consumer Affairs and Civil Liberties received 15 submissions. Moreover, as part of the consultation process seven international meetings were held with representatives from other institutions and authorities. A report on the outcome of the consultation can be found below.
 
The first phase of the consultation process sought views by asking the following questions:
·         Do you think that human rights and equality are sufficiently protected and promoted in Malta,
·         If not,:
o   Which human rights do you believe need further protection and promotion?
o   How can Malta better protect and promote human rights and equality overall?
o   Are there any models that you would propose that government should consider looking at in terms of legislation, institutional frameworks or both? If yes, what is especially good about such models?
A common recommendation in most of the submissions referred to the need to set up an independent National Human Rights Institution (NHRI) in accordance with the Paris Principles, which has the mandate, resources and authority to act as Malta’s focal point on human rights and equality issues.
 
This White Paper
 
On Human Rights Day, the Ministry for Social Dialogue, Consumer Affairs and Civil Liberties launched a White Paper on the setting up of a Human Rights and Equality Commission based on the Paris Principles that establish the highest standards for a human rights institution.
Through this White Paper, the Government is launching two legislative initiatives:
1.      An Equality Act that will aim to meet the highest anti-discrimination and equality standards
2.      A Human Rights and Equality Commission Act that will set up the Commission.
 
Documents
 
 
 
Consultation Questions
 
Is the approach proposed by the White Paper suitable in your view? Why? What is missing? What needs to be stronger?
 

Submissions Received

 
Organisations
 
Individuals
 
Please be informed that submissions were published on the webpage of this consultation at the end of the scoping phase. The lead Ministry has sole discretion upon the publication of comments.
 
  

Report of the Outcomes of the Scoping Phase

  

Download the full report Final Report - Towards the Establishment of the Human Rights and Equality Commission – White Paper.pdfFinal Report - Towards the Establishment of the Human Rights and Equality Commission – White Paper.pdf
 

 

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Scoping Consultation

This consultation ran from 24th February 2014 to 28th March 2014.

 

1. Background

 
The Maltese government was elected with a promise to strengthen the human rights and equality framework and to set up an adequate institutional mechanism to enforce it.
 
Ten years ago, the National Commission for the Promotion of Equality (NCPE) was set up following the adoption of the Equality for Men and Women Act, which transposed EU gender equality legislation into the domestic legal framework.
 
Over the years, the NCPE’s remit was widened through amendments to that Act. Amongst the improvements, various grounds of anti-discrimination were added to the NCPE’s remit. Nonetheless, the said improvements did not go far enough. Additionally, the Commission’s powers and resources remained limited, and thus its impact was contained.
 
It is the government’s belief that both the current legislative and infrastructural frameworks require reinforcement, as they fall short of providing Malta with the human rights and equality mechanism that it deserves. We believe that we should have robust human rights and equality legislation, and an equally strong institution that enforces such legislation that is in conformity both with the United Nations’ model of a national human rights institution (NHRI) laid out in the Paris Principles, and European Union’s equality body model laid out in EU equality directives, namely the Race Equality Directive, the Gender Goods and Services Directive and the Gender ‘Recast’ Directive.
 
In view of this, the government is launching this initial scoping consultation to collect input from the general public, civil society organisations, trade unions, business organisations, political parties, governmental institutions and all others that would like to contribute towards this process.
 
 

2. Consultation Questions

 
 
Do you think that human rights and equality are sufficiently protected and promoted in Malta?
 
If not:
 
a.       Which human rights do you believe need further protection and promotion?
 
b.      How can Malta better protect and promote human rights and equality overall?
 
c.       Are there any models that you would propose that government should consider looking at in terms of legislation, institutional frameworks or both? If yes, what is especially good about such models?
 
 

3. Consultation Document - Scoping Phase

 
 
 
 

4. Relevant Pre-consultation Documents

 
 
 
 

5. Submissions Received

 
Organisations
 
Individuals
 
 
Please be informed that submissions were published on the webpage of this consultation at the end of the scoping phase. The lead Ministry has sole discretion upon the publication of comments.
 
  

6. Report of the Outcomes of the Scoping Phase

 
​Download the full report
 
 

​​www.konsultazzjoni.gov.mt

Click on the 'Online Consultation' logo to go to the Public Consultations main page.

 

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