CEDAW : its enforcement and application in Maltese law

Abstract

Gender equality plays a pivotal role in a democratic society, the absence of which constitutes a violation of human rights. In 1979, the UNGA adopted the CEDAW which was designed to eliminate gender discrimination in all spheres with the intention of safeguarding women’s rights and the development thereof. Since Malta acceded to CEDAW in 1991, concern regarding the traditional and cultural practices brought about a number of initiatives aimed at bridging the gender gap. Nevertheless, some discrimination persists. The CEDAW imposes obligations upon States Parties ensuring that no gender discrimination exists. A study of the specific obligations under the CEDAW is undertaken whereby these obligations are outlined. In order to achieve a holistic approach of the obligations, reference is made to the Committee on the Elimination of Discrimination against Women’s General Recommendations, States Parties Concluding Observations as well as the Committee’s jurisprudence. Being a party to the Convention, Malta is bound to implement the required measures. Thus, Chapter 2 offers an overview of the Maltese legislative framework of the last two decades directly related to the field of education, employment, political participation, health care services, family life as well as domestic violence. Chapter 2 also dwells on institutional mechanisms which are set up to support the Government in ensuring gender equality. For a better understanding of what has been undertaken, and in order to illustrate the achievements made by Malta in relation to gender discrimination, Chapter 3 illustrates local jurisprudence. Whereas Court cases were delineated by virtue of their subject matter, discriminatory cases decided by the Industrial Tribunal could only be delineated by going through all its case law. The concluding Chapter will gauge the effectiveness and enforcement of Maltese legislation as a social reality by means of statistics. Furthermore, reference is made to the Committee’s Concluding Observations in response to Malta’s reports. Finally, the thesis proposes recommendations that enhance the promotion and protection of women’s fundamental rights and the enjoyment thereof.