UNITED NATIONS
E
Economic and Social Council
Distr.
GENERAL
UNEDITED VERSION
E/C.12/1/Add.101
26 November 2004
Original: ENGLISH
COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS
Thirty-third session
8-26 November 2004
CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLES 16 AND 17
OF THE COVENANT
Concluding observations of the Committee on Economic, Social and Cultural Rights
MALTA
1. The Committee on Economic, Social and Cultural Rights considered the initial
report of Malta on the implementation of the International Covenant on Economic,
Social and Cultural Rights (see E/1990/5/Add.58) at its 32nd to 33rd meetings,
held on 9 November 2004 (see E/C.12/2004/SR.32-33), and adopted, at its 56th
meeting, held on 26 November 2004, the following concluding observations.
A. Introduction
2. The Committee welcomes the submission of the initial report of the State
party, which was prepared in conformity with the Committee’s guidelines.
It also appreciates the comprehensive written replies to the list of issues
and welcomes the frank and constructive dialogue with the high-level delegation
of the State party.
B. Positive aspects
3. The Committee notes with appreciation the overall high level of protection
afforded to economic, social and cultural rights in the State party and its
continuing efforts to improve the protection of these rights.
4. The Committee welcomes the elaboration of a number of national action plans,
such as the National Action Plan for Employment and the National Action Plan
for Social Inclusion, aiming at improving the protection of economic, social
and cultural rights.
5. The Committee welcomes the Act to Promote Equality between Men and Women
of 2003 and the setting up of the National Commission for the Promotion of Equality
between Men and Women.
6. The Committee welcomes the establishment of the National Commission on Persons
with Disability in 1987 and the enactment in 2000 of the Equal Opportunities
Act.
7. The Committee welcomes the establishment in 1995 of the Office of the Ombudsman.
C. Factors and difficulties impeding the implementation of the Covenant
8. The Committee notes the absence of any significant factors or difficulties
impeding the effective implementation of the Covenant in the State party.
D. Principal subjects of concern
9. The Committee notes the general difficulty in assessing progress in the implementation
of Covenant rights owing to a lack of comparative and disaggregated data in
the information provided by the State party.
10. The Committee regrets that the Covenant has not been incorporated into domestic
law and therefore cannot be directly invoked before the domestic courts.
11. The Committee is concerned that persistent cultural stereotypes of the role
of women negatively affect the equal enjoyment of rights between men and women.
The Committee notes with concern in this regard that women remain largely underrepresented
in public service and that there are no female judges in the State party.
12. The Committee notes with concern the trend of rising youth unemployment
rates and the rise in long-term unemployment.
13. While noting the measures taken by the State party to promote the rights
of persons with disabilities, the Committee is concerned about the lack of incentives
for employers to hire such persons.
14. The Committee is concerned that the participation of women in the labour
market remains very low. It also notes with concern the significant gap between
wages of men and women and the very low representation of women in senior management
positions.
15. The Committee is concerned that it is still difficult for women to balance
employment and family responsibilities in the State party. Moreover, the Committee
notes with concern that certain measures introduced, including more flexible
parental leave schemes, are mainly aimed at women working in the public service,
and do not apply to women working in the private sector.
16. The Committee notes with concern the high number of industrial accidents
in the State party.
17. The Committee is concerned that the Industrial Relations Act unduly restricts
the right to strike by providing for a compulsory arbitration procedure in industrial
labour disputes.
18. The Committee notes with concern that the State party has not ratified
a number of ILO conventions in the area of labour rights and social security,
including Conventions Nos. 102, 117, 118 and 122.
19. While noting that various forms of assistance are provided to victims of
domestic violence, the Committee is concerned that domestic violence is currently
not defined in law as a specific crime, which makes it more difficult for victims
of violence to claim their rights.
20. The Committee notes with concern the distinction made between “legitimate”
and “illegitimate” children in the Civil Code of the State party
and the fact that children born out of wedlock do not have the same rights as
children born in wedlock.
21. The Committee expresses its concern at the relatively low age of criminal
responsibility in the State party.
22. While corporal punishment is prohibited in schools and other institutions,
the Committee notes that corporal punishment within the family, in the form
of “reasonable chastisement”, is not prohibited by law.
23. The Committee observes with concern that abortion is illegal in all cases
under the law of the State party.
24. The Committee is concerned at the lack of sexual and reproductive health
care services in the State party.
E. Suggestions and recommendations
25. The Committee recommends the State party to provide in its next periodic
report comparative and disaggregated data, which allow the Committee to assess
progress in the implementation of the Covenant and, in particular, the situation
of disadvantaged and marginalized groups in society.
26. The Committee recommends that the State party reconsider the matter of incorporation
of the International Covenant on Economic, Social and Cultural Rights into domestic
law. The Committee points out that, irrespective of the system through which
international law is incorporated in the domestic legal order, following ratification
of an international instrument, the State party is under an obligation to comply
with it and to give it full effect in its domestic legal order. In this respect,
the Committee draws the attention of the State party to its General Comment
No. 9 on the domestic application of the Covenant.
27. The Committee encourages the State party to withdraw its declaration made
upon ratification under article 13 of the Covenant.
28. The Committee encourages the State party to establish an independent national
human rights institution, in accordance with the Paris Principles relating to
the status of national institutions (General Assembly resolution 48/134), mandated
with the protection and promotion of all human rights, including economic, social
and cultural rights.
29. The Committee recommends that the State party further strengthen efforts
to raise public awareness about gender equality, including by providing the
National Commission for the Promotion of Equality for Men and Women with adequate
support, and report on results obtained in its next periodic report.
30. The Committee recommends that the State party strengthen measures to tackle
the problem of long-term unemployment and unemployment among young people.
31. The Committee recommends that the State party continue and strengthen its
efforts to promote the integration of persons with disabilities into the labour
market and to provide data, on a comparative basis, on the impact of those measures.
32. The Committee recommends that the State party continue and strengthen its
efforts to increase the participation of women in the labour market and to ensure
equal treatment between women and men, including equal remuneration for work
of equal value.
33. The Committee urges the State party to take further measures to enable working
parents to reconcile professional and family responsibilities, including by
ensuring access to affordable child care and flexible parental leave schemes
for workers in both the public and private sectors.
34. The Committee recommends that the State party strengthen measures taken
to prevent accidents in the workplace and to ensure that the labour inspectorate
has adequate resources and powers to enforce and effectively monitor compliance
with safety regulations. It also encourages the State party to ratify ILO Prevention
of Major Industrial Accidents Convention (No. 174).
35. The Committee encourages the State party to review the legislation on industrial
labour disputes with a view to removing the compulsory arbitration procedure
in conformity with the observations made by the International Labour Organization
Committee of Experts in 2002 concerning the Right of Association and Protection
of the Right to Organize Convention (No. 87).
36. The Committee encourages the State party to ratify ILO Conventions Nos.
102, 117, 118 and 122.
37. The Committee encourages the State party to expedite the adoption of the
Domestic Violence Bill currently under consideration.
38. The Committee urges the State party to expedite the planned revision of
the Civil Code so as to abolish the terminology of “legitimate”
and “illegitimate” children and ensure equality in enjoyment of
rights between children born in and out of wedlock.
39. The Committee encourages the State party to review its legislation with
a view to raising the age of criminal responsibility.
40. The Committee encourages the State party to consider an explicit prohibition
on corporal punishment within the family.
41. The Committee urges the State party to review its legislation on abortion
and consider exceptions to the general prohibition of abortion for cases of
therapeutic abortions and when the pregnancy is the result of rape or incest.
42. The Committee recommends the State party to strengthen education programmes
on sexual and reproductive health and to support sexual and reproductive health
services.
43. The Committee encourages the State party to ensure that human rights education
is provided in schools at all levels and to raise awareness about human rights,
in particular economic, social and cultural rights, among state officials and
the judiciary.
44. The Committee requests the State party to disseminate its concluding observations
widely among all levels of society, including among State officials and the
judiciary, and to inform the Committee on all steps taken to implement them
in its next periodic report. It also encourages the State party to continue
to consult with non-governmental organizations and other members of civil society
in the preparation of its second periodic report.
45. The Committee requests the State party to submit its second periodic report
by 30 June 2009.