An analysis of the recent amendments to the Domestic Violence Act : are we evolving beyond the Istanbul Convention?

Abstract

This paper aims to examine the recent addition to the Maltese Statute book, ‘The Genderbased and Domestic Violence Act’ (Cap.581) and establish to what extent this Act is an improvement to the pieces of legislation it repealed, but consolidated into a single Act. The author seeks to establish whether or not the new legislation has conferred more protection onto the victim, a term which includes all kinds of victims, irrespective of, for example, race, gender, nationality, religion to mention a few. Chapter 1 identifies how the Maltese legislator, in a general manner tried to bring the Laws dealing with the topic under examination in line with the Twenty-First Century. Chapter 2 will examine “the Council of Europe Convention on preventing and combating violence against women and domestic violence” (“the Istanbul Convention”) which forms the basis of Cap.581, whilst Chapter 3 aims to identify how other countries have ratified and implemented the treaty within their own legislations. In Chapter 4, particular focus will also be placed on the new concepts introduced by Cap. 581. The exercise will include a comparative analysis of the new provisions. In conclusion, the paper will highlight whether or not the adjustments in law have been implemented in a positive manner, whilst simultaneously attempting to answer the question of this term paper : that is whether or not Malta is truly going beyond the scope of the Convention which restricts itself to the female gender. The author shall also discuss the factors that should be executed on a national level, in order to improve matters from a practical point of view.