Malta’s laws on domestic violence perpetrated against women by an intimate partner : are they up to standard?

Abstract

Domestic violence, a crime that was ‘hidden’ until a few years ago, now ranks the second most frequent crime in Malta after theft. Domestic violence has become recognized as a problem that should not be kept within the confines of one’s home, but a problem that society needs to address and remedy. Domestic violence is at an all-time high, with reports to the police amounting to just over 1000 in 2013. This figure has doubled in the short span of 4 years. This study compares Maltese legislation concerning domestic violence to particular sections of the most recent Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence, also known as the Istanbul Convention, with the ultimate aim of discovering whether Malta’s laws on domestic violence are up to standard in view of the potential ratification of the Convention by Malta. Given the vast nature of the Convention, the author does not seek to tackle the issue of violence against women or domestic violence in general; rather, while recognising that domestic violence may be perpetrated against men, the focus of the author is directed at addressing the most common form of violence against women, that is, violence perpetrated against women by an intimate partner. The compliance or otherwise, of Malta’s laws with the Istanbul Convention are examined with the intention of identifying the gaps in protection and support afforded to female victims of domestic violence as well as examining the extent to which this offence is regarded as one of public interest.