How does the criminal code promote positive discrimination in favour of minority groups?

Abstract

When speaking about discrimination, in most cases a negative connotation is attributed to this concept. However, discrimination can also be used in a positive manner, when it is used to level out the playing field between the majority and minority groups of society. This concept of positive discrimination will be examined as an approach used by the legislator in the provisions of the Criminal Code in order to award protection to minority groups from targeted criminal offences. This same approach is also evident in other foreign jurisdictions such as that of England and Wales, as well as in certain pieces of legislation of the EU. Such method of protection will be discussed through the close analysis of the provisions in the Criminal Code as well as the provisions in English and EU law, which provisions promote this positive discrimination in order to afford protection in favour of the minority groups. Act X of 2022 introduced the controversial amendment of femicide. Such amendment will also be analysed due to it being another instance in which the legislator chose to award positive discrimination to the minority group of females in order to protect them from being targeted solely on the basis of their gender. Finally, a conclusion will be reached based on all the information which will be gathered on whether or not this positive discrimination approach which the legislator chose to adopt and which exists in the Maltese Criminal Code is effective and whether it should continue to be implemented. Moreover, a suggestion will be made on whether or not a new approach should be adopted by the legislator if it is concluded that this method of awarding positive discrimination to minority groups is deemed to be ineffective.