Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Malta (Ratification: 1968)

Other comments on C111

Observation

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Articles 1(1)(a), 2 and 3 of the Convention. Discrimination based on sex. Equality of opportunity and treatment for men and women. The Committee welcomes the very detailed information provided by the 2002 annual report of the National Commission for the Promotion of Equality (NCPE) on gender equality and sex-based discrimination. It notes in particular that: (1) the employment rate of women continued its upward trend to 70.8 per cent in 2022 (64.6 per cent in 2020) in comparison to 83.4 per cent for men in the same year (81.7 per cent in 2020); (2) the percentage of women and men having part-time as their main occupation was 19.1 per cent and 7 per cent in 2022 respectively; (3) men tend to go for managerial and technical work, whereas women are still overrepresented in clerical, service and sales work; (4) self-employment is still mostly taken up by men; (5) there was a slight increase in the number of women on boards of largest listed companies, however they still remain overly underrepresented; and (6) women remain also underrepresented in decision making posts. The Committee notes with interest the adoption of the Gender Equality and Mainstreaming Strategy and Action Plan (GEMSAP) 2022–27, which has among others the following objectives: guaranteeing equal access to employment in all sectors, combating segregation; enhancing women’s economic independence; challenging gender stereotypes and promoting co-responsibility and balance of work, private and family life. The Committee asks the Government to continue to take effective measures, in the framework of the GEMSAP 2022–27 or otherwise: (i) to address and reduce gender segregation in the labour market and gender-based discrimination; (ii) to promote women’s employment in a wide range of occupations and at all levels, in particular in decision-making positions, both in the public and private sectors; (iii) to combat gender stereotypes, including through awareness-raising campaigns, and to take affirmative action measures. It asks the Government to provide information on the measures taken to that end and their results on the employment of women and men, including statistical information on the participation of men and women in education, training and employment, disaggregated by economic sector.

Sexual harassment. The Committee notes from the 2022 annual report of the NCPE that sexual harassment is another area of concern, and that raising awareness on sexual harassment at the workplace was strengthened through the dissemination of posters to stakeholders, meetings with entities highlighting zero tolerance policies whilst offering assistance to draft such policies. The Committee requests the Government to provide information on: (i) the measures taken to prevent and address sexual harassment in employment and occupation, both in the private and public sectors; (ii) any zero tolerance policies adopted at the workplace level; (iii) any practical measures taken to raise awareness and to ensure better understanding of both quid pro quo (blackmail) and hostile environment sexual harassment, as well as to assist and encourage victims of sexual harassment in filing complaints; and (iv) the number and outcome of cases dealt with by the competent authorities, including at the workplace level.

Article 1(1)(b). Additional grounds of discrimination. Disability. The Committee notes that the Persons with Disability (Employment) Act, 1969, and the Equal Opportunities (Persons with Disability) act, 2000, were amended in 2021. Moreover, it welcomes the Malta’s 2021-2030 National Strategy on the Rights of Disabled Persons, which recommends the implementation of actions in the areas of work and employment (Objective 9). The Committee asks the Government to provide information on any measures taken to: (i) promote vocational training and employment opportunities for persons with disabilities, both in the private and public sectors; and (ii) address discrimination based on disability, through the implementation of the above Strategy or otherwise. It further asks the Government to provide information on the employment rates of persons with disabilities, disaggregated by sex and economic sector, as well as on any complaints regarding employment discrimination based on disability brought before the competent authorities and remedies provided.

Reconciliation of work and family responsibilities. The Committee notes with interest the adoption of the Work-Life Balance for Parents and Carers Regulations, 2022, which provide for individual rights related to paternity leave (extended to 10 days), parental leave, carers' leave and flexible working arrangements for workers who are parents of children up to the age of 8 years, or carers. It recalls that women face a number of barriers to their full and equal participation in the labour market, as a result of gender roles and stereotypes as well as the unequal sharing of caring responsibilities between women and men. The Committee asks the Government to provide information on: (i) the implementation of the Work-Life Balance for Parents and Carers Regulations and their impact on the reconciliation of work and family responsibilities and more generally on the employment of women, including through statistical data; and (ii) any awareness-raising activities undertaken to disseminate the new provisions and to address gender stereotypes and assumptions about women’s responsibilities at home.

Enforcement.The Committee asks the Government to provide information on the number, nature and outcome of any cases of discrimination concerning specifically employment and occupation dealt with by the competent authorities, including the NCPE, the labour inspectorate and the courts, indicating the grounds of discrimination addressed, the sanctions imposed and the remedies provided.