One of the issues which has been strongly highlighted on this website has been domestic violence. Talking about it, however, as we know, is not enough, without the structures and adequate legislation in place to protect the abused.

The Malta Confederation of Women’s Organisations continuously puts forward suggestions on this social problem and recently it issued the following press release:

The MCWO has been following developments with regard to violence against women since its establishment in 2004.  As an affiliate of the European Women’s Lobby (EWL), MCWO’s representative actively participates in the work of the EWL Observatory on violence against women including work on the EWL position papers to the European Commission on this area of concern.

This work has instigated the MCWO to submit, on the occasion of the International Day for the Elimination of Violence against Women, the following proposals to the authorities concerned calling for the strengthening of legislation, policies, structures and resources to effectively help victims/survivors of violence.  These proposals were actually discussed with Minister Dolores Cristina some weeks ago.  The MCWO takes this opportunity to emphasise the importance of taking action at the earliest because of the seriousness of the concerns under consideration.

Legislation

1.  Legislation should cover all forms of violence against women in line with the Council of Europe Convention on the Elimination of Violence against Women (CAHVIO) as well as any areas not yet covered by national law that is highlighted under CAHVIO.

2.  Legislation should be gender specific, that is, it should specifically address violence against women thus acknowledging that in the vast majority of cases the victims are women (EU).  Again this is in line with the (CAHVIO) as well as in the draft EU Directive in progress.  According to the European Women’s Lobby (EWL) Barometer there are several EU member states that already have this kind of legislation.

3.  There is the need to do away in national legislation, where applicable, with the current provision that proceedings depend on the complaint of the victims who can then withdraw the said complaint.  Considering that violence is a crime against society, the Courts should continue hearing the case even when the victim forgives the aggressor. Thus, (i) the current situation where the victim can be exposed to pressure and further abuse from third parties, including the aggressor, in order to forgive the perpetrator and/or withdraw their complaint, will be removed.  Furthermore, (ii) the current circumstances affording the possibility to the perpetrator to walk away without punishment is addressed and the latter answers to society for his actions.

4.  Courts currently have the discretion of discontinuing cases which fall under the domestic violence act, and which therefore do not require the complaint of the victim but are prosecuted ex ufficio, if the victim forgives the aggressor, and makes such a request.  This decision should be based on the well-being of all those concerned, especially any minors.  The common practice seems to be that if it is so requested, then the cases are discontinued.  This may need to be tightened.  If, for any reason, the Courts decide not to continue hearing the case, the law should require the Judge to explain, formalise and justify his/her decision in this regard.

5.  Definition of ‘household member’ needs to be amended so as to include all those in a domestic relationship irrespective of whether they live together, they have more than one partner,  or intend to marry or not.  These would include, but not exclusively, couples who are in a relationship whether living together or not, as well as persons who may have more than one partner simultaneously.

6. Cases of violence against women in the criminal court should be heard with urgency especially in cases of domestic violence.   Although the current law requires that cases in the civil court where domestic violence is involved are heard with urgency (within 4 days) this is rarely happening.  This needs to be tightened.

7. The term ‘urgent’ should be clearly defined and backed up by specific protocols for the police to have standard guidelines and checklists regarding their response to reports of violence against women and domestic violence.

8.  The police should be empowered to remove the aggressor from the home which decision should later be endorsed or otherwise by the Courts.  This would enable the victim to remain living safely in the home  with her children.

9.  When the perpetrator is a repeat offender, or has had other reports of abuse made against him, great care should be taken before the granting of bail. A psychiatric report on the perpetrator should be requested prior to granting of bail, to help ensure the safety of the victim/s.

10. Moreover, should bail be granted, it is recommended that electronic tagging is used, as in several other EU countries, to keep tabs on the perpetrator  and ensure more effective protection of the victim.

11. MCWO is of the opinion that the crimes of rape and violent assault should be defined as crimes against the physical and mental integrity of women and as a form of discrimination that seriously inhibits women’s ability to enjoy their human rights and fundamental freedoms on a basis of equality with men.  The retention of the present regulations defining rape and violent assault as crimes against the honour of the family can be regarded as incongruous particularly since the introduction of the Domestic Violence Law in 2006.  This recommendation was also made in November 2010 by the CEDAW Committee of experts followingMalta’s submission of its National Report on implementation of CEDAW.  Legislation in this regard should also be strengthened in order not to leave any room for ambiguities.

Structures

12. The terms of the Commission on Domestic Violence should be widened to encompass all violence against women and should be strengthened by upgrading the position of Chairperson to that of Commissioner.

13.  The Commission should be given adequate human and financial resources to enable it to carry out its remit.

14.  The Minister responsible should take appropriate action to implement the Commission’s recommendations.  Failing this, the Minister should explain the reasons why no action or other action is taken within six months of their submission.

15.  Legal professionals:  Consultation/training programmes should be organised for legal professionals to raise awareness regarding the legal tools available to protect victims, pre, during and after the court proceedings, currently as well as following any amendments to the law.