Home | Databases | WorldLII | Search | Feedback Maltese Laws

The Equality Between Men And Women Act, Cap.456 (Bill No. 21)

A Bill entitled

An Act to amend the Equality for Men and Women Act, Cap.

C 643
BE IT ENACTED by the President, by and with the advice and consent of the House of Representatives, in this present Parliament assembled, and by the authority of the same, as follows:-

1. The short title of this Act is the Equality for Men and Women (Amendment) Act, 2009 and this Act shall be read and construed as one with the Equality for Men and Women Act, hereinafter referred to as “the principal Act”.

2. Article 2 of the principal Act shall be amended as follows:

(a) in the definition of “discrimination” in sub-article (1) thereof, for the words “has been or would be treated” there shall be substituted the words “is, has been or would be treated”.
(b) paragraph (d) of sub-article (3) thereof shall be deleted and substituted by the following:
“(d) any treatment based on a provision, criterion or practice which would put persons of one sex at a particular disadvantage compared with persons of the

Short title.

Amendment of article 2 of the principal Act.

C 644 VERŻJONI ELETTRONIKA
other sex unless that provision, criterion or practice is appropriate and necessary and can be justified by objective factors unrelated to sex.”; and
(c) immediately after sub-article (4) thereof there shall be inserted the following new sub-article:
“(4A) Indirect discrimination may be proved by any means of evidence including statistical evidence.”.

Amendment of article 12 of the principal Act.

3. Sub-article (1) of article 12 of the principal Act shall be amended as follows:

(a) in paragraph (g) thereof, for the words “to carry out general investigations” there shall be substituted the words “to carry out general and independent investigations”;
(b) in paragraph (h) thereof, for the words “to investigate” there shall be substituted the words “to independently investigate”;
(c) in paragraph (i) of article 12 of the principal Act, after the words “make determinations” there shall be inserted the words “in an independent manner”; and
(d) in paragraph (j) thereof, for the words “provide assistance” there shall be substituted the words “provide independent assistance”.

Objects and Reasons

The object of this Bill is to amend the Equality for Men and Women Act, in line with Council Directive 2002/73/EC of the European Union.