MCWO calls for strengthening of legislation on violence against women

The Malta Confederation of Women's Organisations discussed proposals with Family Minister Dolores Cristina, calling for the strengthening of various legislation and other measures to help women, victims or survivors of violence.

"It is important action is taken at the earliest because of the seriousness of the concerns under consideration," the organisation appealed.

One of the most important proposals put forward by the MCWO is for cases of violence against women in the criminal court to 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," it stressed.

Another important call is for the police to 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 continue living safely in her house with her children."

The organisation said the legislation should cover all forms of violence against women, while the national law should also include areas which are highlighted in the CAHVIO (Council of Europe Convention on the Elimination of Violence against Women).

"Legislation should be gender specific and should specifically address violence against women, acknowledging that in the vast majority of cases the victims are women."

MCWO added several EU member states already have such legislation.

Another proposal is to do away with the 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," the organisation said.

"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, should be removed. 

"Also, affording the possibility to the perpetrator to walk away without punishment should be addressed, as the perpetrations need to answer for his actions."

MCWO said the court's decision to discontinue the case should also be based on the wellbeing of all concerned, especially minors: "If, for any reason, the Courts decide not to continue hearing the case, the law should require the Judge to explain, formalise and justify the decision taken."

The organisation said the definition of 'household member' should be amended to include all forms of relationship, irrespective of their marital status.

"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."

The women's council said great care should be taken before the granting of bail in cases where the perpetrator is a repeat offender, or has other reports of abuse made against him.

"A psychiatric report on the perpetrator should be requested prior to granting of bail, to help ensure the safety of the victim. Moreover, should bail be granted, electronic tagging should be used to keep tabs on the perpetrator and ensure more effective protection of the victim."

The organisation also proposed 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," MCWO said.

"Legislation in this regard should also be strengthened in order not to leave any room for ambiguities."

Structures

MCWO proposed that  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.

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

The organisation called on the Minister responsible to 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."

On legal professionals, MCWO said consultation/training programmes should be organised to raise awareness on the legal tools available to protect victims at all times during court proceedings.

MCWO is  an affiliate of the European Women's Lobby (EWL) and has actively participated in the Lobby's work to address violence against women, including the EWL position papers to the European Commission on this area of concern.