Legislative and policy framework

The principle of gender equality is enshrined in the Maltese constitution. Article 14 of the constitution states 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 by any person, organisation or enterprise; the State shall, in particular, aim at ensuring that women workers enjoy equal rights and the same wages for the same work as men’.[1] In 2021, the constitution was amended to provide for a gender corrective mechanism with the intention of increasing the number of women in parliament.

Malta has a national law on gender equality: the Equality for Men and Women Act (2003).[ii] The law primarily covers measures to combat discrimination and established the National Commission for the Promotion of Equality (Il-Kummissjoni Nazzjonali għall-Promozzjoni tal-Ugwaljanza) (NCPE), the independent body for the promotion of gender equality.

Malta launched its first gender equality and mainstreaming strategy and action plan (Gemsap) in 2022, covering the period up to 2027.[iii] The national strategy and action plan aims to eradicate barriers to equality and strengthen the gender perspective at all levels and stages of policymaking.

Strategic objectives of the 2022–2027 Gemsap

  • Strengthening institutional mechanisms for gender mainstreaming and gender equality.
  • Guaranteeing equal access to employment in all sectors, combating segregation and ensuring equal pay for work of equal value.
  • Enhancing women’s economic independence.
  • Strengthening the principle of gender equality and mainstreaming in the education system and challenging gender stereotypes.
  • Promoting co-responsibility and balance of work, private and family life.
  • Achieving gender balance in political and public decision-making.
  • Promoting gender equality in social well-being and healthcare policies.
  • Eliminating gender imbalance in the field of justice by addressing gender bias and gender stereotypes.

Each objective has specific actions, with time frames and responsible stakeholders also specified. In order to monitor the implementation of measures, an interministerial committee was established with a representative from each ministry. This committee monitors implementation quarterly and issues an annual public report on progress.

Malta has a policy commitment to gender mainstreaming in accordance with the Office of the Prime Minister Circular 15/2000, which was reiterated in 2021, although this commitment did not become a legally binding obligation until the introduction of Gemsap in 2022. Every year, each ministry or department must submit a report to the NCPE on the measures taken and the progress achieved in the sphere of gender equality and mainstreaming.

The Office of the Prime Minister Circular 15/2000 contains the first legal and policy definition of gender mainstreaming, defined as the ‘process of assessing the implications for women and men of any planned action and integrating them within the dimension of design, implementation, monitoring and evaluation of the policies and programmes in all political, economic and social spheres’.[4]

Structures

Governmental gender equality body

Equality-related issues (including gender equality) in Malta are the responsibility of the Office of the Deputy Prime Minister and Ministry for European Funds, Equality, Reforms and Social Dialogue (Uffiċċju tal-Prim Ministru, Fondi Ewropej, Ugwaljanza, Riformi u Djalogu Soċjali). The office was set up with the aim of achieving national objectives in the areas of equality, non-discrimination and civil liberties, and the integration of migrants.[5]

Within this office is the government’s gender equality body, the Human Rights Directorate (Direttorat tad-Drittijiet tal-Bniedem) (HRD). Established in 2015, the HRD became fully functional in 2017 and is responsible for ensuring that proposals and initiatives uphold everyone’s fundamental human rights, as enshrined in Maltese and international law, and, wherever possible, further the creation of an equal and just society.[6] The HRD is made up of six units.

HRD units

  1. Sexual Orientation, Gender Identity, Gender Expression and Sex Characteristics Unit – set up in 2018.
  2. Gender Mainstreaming Unit (GMU) – set up in 2019.
  3. Intercultural and Anti-racism Unit – set up in 2018.
  4. Human Rights Initiatives Unit – set up in 2020.
  5. Legal Unit.
  6. Research and Coordination Unit.

The GMU is the lead coordinating body of Gemsap and is responsible for day-to-day implementation and monitoring. The GMU also serves as a coordinating body within the government, raises awareness of gender equality issues among the public and assists the government in policymaking, the development of services and community building.[7]

As of November 2024, the personnel resources of the HRD consisted of 25 employees, and, as the directorate’s mandate covers four units, employees spend approximately 50–75 % of their time on gender equality issues. There are two employees who focus exclusively on gender equality, with the rest focusing on gender equality along with other issues, such as anti-racism, human trafficking and equality of people who identify as lesbian, gay, bisexual, trans, intersex or queer, in line with the body’s mandate. The HRD’s annual expenditure is EUR 2 529 832 55, with 1.19 % spent on non-administrative costs related to gender equality.

Other departments and ministries regularly consult the HRD about new or existing policies, laws or programmes (in fields other than gender equality), with consultations leading to appropriate adjustments in 50–75 % of cases. There is also a regular system of reporting by the HRD to parliament, primarily through the office of the Parliamentary Secretary.

Independent gender equality body

The NCPE is an independent equality body legally established under Chapter 456 of the Laws of Malta, the Equality for Men and Women Act. The act is dated 9 December 2003 and has been amended.[8]

Functions of the NCPE

  • Safeguarding equality on the grounds of gender and other characteristics, including family responsibility, sexual orientation, age, religion or beliefs, racial or ethnic origin, and gender identity, gender expression or sex characteristics in employment, banks and financial institutions, and education.
  • Updating and monitoring policies related to issues of equality.
  • Liaising and coordinating between government departments and other agencies on the implementation of initiatives proposed by the government or the commission.
  • Ensuring that Malta is a society free from any form of discrimination on the grounds of racial and ethnic origin and gender in the provision of goods and services and their supply.
  • Carrying out general investigations to determine whether the provisions of the Equality for Men and Women Act are being complied with, investigating complaints and providing support to victims of discrimination.
  • Ensuring that Malta is free from discrimination in terms of freedom of movement for workers in the EU.
  • Conducting independent surveys on discrimination and publishing independent reports and recommendations on any issue relating to discrimination.

The NCPE has a significant reporting responsibility. Each year, the NCPE contacts the permanent secretaries in every ministry, requesting a report from each department and entity on the measures taken and the progress achieved in the sphere of gender equality and gender mainstreaming. Each ministry then forwards its report to the NCPE for evaluation, and, following this, the NCPE prepares an overall evaluation report, which is submitted to the Permanent Secretary for Equality.

There is not a transparent procedure in place for the government and other public institutions to consult the NCPE on legislation, policy, procedure, programmes and practices in policy fields other than gender equality. As a result, the NCPE’s role is limited, as it primarily responds to open public consultations. Recent policies that the NCPE has contributed to include Malta’s national strategic action plan for further and higher education, Malta’s national research and innovation strategic plan, Malta’s sustainable development strategy for 2050 and its 2024 pre-budget document.[9] Policymakers are not obliged to take the NCPE’s feedback on board and, therefore, its recommendations lead to appropriate adjustments in fewer than half of the consultations provided.

The NCPE has 15 employees, and, due to its wide remit and the varying proportion of work related to gender equality year to year, in 2024 its personnel spent up to 25 % of their time focusing on gender equality work. Its annual expenditure is EUR 521 580, which is fully funded by the national government, with 3.5 % of this spent on non-administrative costs relating to gender equality.

Parliamentary body

There is no specific gender equality committee in parliament in Malta; however, other committees may discuss gender-related issues on an ad hoc basis, such as the Standing Committee on the Family (Kumitat Permanenti dwar il-Familja). For example, during a meeting in 2019, the committee received a presentation from the Migrant Women Association Malta on providing mental health support to victims of gender-based violence.[10]

Consultation with civil society

Consultation with civil society takes place through the Consultative Council for Women’s Rights.[11] The council was established in November 2017 and started its work in January 2018, although it does not have legal status. Its members are appointed representatives of organisations working in the field of women’s rights, typically non-governmental organisations and civil rights entities. The purpose of the council is to advise the government on issues affecting women in Malta and present policy proposals in the context of an ongoing dialogue with the minister responsible for gender equality.[12]

There are no regular funding mechanisms or budget lines for non-governmental organisations within the Ministry of Welfare. Instead, ad hoc activities are occasionally supported based on political decisions regarding budget allocation.

Methods and tools

Note: the methods and tools listed in this section were the focus of EIGE’s 2024 assessment. If certain methods and tools are not mentioned in this section, this does not necessarily mean that they are not used by Malta.

Gender impact assessment

There is no legal obligation to undertake an ex ante gender impact assessment when drafting laws and/or policies, plans and programmes. Therefore, gender impact assessments are not currently used, and gender equality concerns are generally not integrated into evaluation objectives.

Gender budgeting

While there is no legal requirement for gender budgeting in Malta, efforts to implement this are in their early stages, with Gemsap mentioning a gender-responsive budgeting system to be introduced within three years.

Ministries and departments are responsible for allocating funds for the promotion of gender equality and the empowerment of women. Additionally, the Ministry of Finance considers the promotion of gender equality and women’s empowerment during the budget preparation stage, as it may be requested by the line ministries, among other various functions of government. This applies to the budget measures proposed by line ministries each year. Gender budgeting was mentioned in Gemsap, with a gender-responsive budgeting system to be introduced within three years; however, this has not been established yet.

Training and awareness raising

The NCPE offers training to employees of the governmental gender equality body, employees of other ministries and departments, and senior ministers, on an ad hoc basis; however, this is not mandatory.

Some efforts have been made to raise awareness among ministries; for example, in 2024, the GMU was involved in a Ministry of Education workshop where participants discussed what issues educators face in terms of gender equality.

Within the government, there is no specific requirement to use gender-sensitive language; however, the HRD’s Guiding Principles for Gender Equality and Mainstreaming include advice on gender-inclusive language and gender-sensitive communication.[13]

Gender statistics

The Malta Statistics Authority Act (2000), Article 10, states that the National Statistics Office is to collect information on gender issues, creating a strong legal basis for the development of gender statistics. Specifically, the act states that it shall ‘provide on an impartial basis, quantitative and representative information about the economic, demographic, gender issues, social and environmental situation in Malta.’[14]

The effectiveness of the legal basis is demonstrated by the fact that an estimated three quarters of datasets are disaggregated by sex. Dissemination of statistics can be improved, however, as there is currently no website or part of a website dedicated to gender statistics.[15] Similarly, reports and publications specifically on gender statistics are disseminated on an ad hoc basis, although most outputs do consider gender.[16]

Monitoring progress

Malta’s institutional mechanisms for gender equality and gender mainstreaming stand below the EU average but show progress compared with 2021.

Explore Malta's scores on the four key indicators on institutional mechanisms for the promotion of gender equality and gender mainstreaming developed to monitor progress on Area H of the Beijing Platform for Action.

Malta: Institutional mechanisms for gender equality and gender mainstreaming

References