The Functions of the Commission

By virtue of Chapter 456 of the Laws of Malta – Equality for Men and Women Act, the NCPE safeguards equality on the grounds of gender and family responsibilities, sexual orientation, age, religion or belief, racial or ethnic origin, and gender identity, gender expression or sex characteristics in employment, education as well as in banks and financial institutions. In particular, according to this legislation, the functions of the NCPE entail:

(a) to identify, establish and update all policies directly or indirectly related to issues of equality;

(b) to identify the needs of persons who are disadvantaged by reasons of their sex and to take such steps within its power and to propose appropriate measures in order to cater for such needs in the widest manner possible;

(c) to monitor the implementation of national policies with respect to the promotion of equality;

(d) to liaise between, and ensure the necessary coordination between, government departments and other agencies in the implementation of measures, services or initiatives proposed by Government or the Commission from time to time;

(e) to keep direct and continuous contact with local and foreign bodies working in the field of equality issues, and with other groups, agencies or individuals as the need arises;

(f) to work towards the elimination of discrimination between men and women;

(g) to carry out general investigations with a view to determine whether the provisions of this Act are being complied with;

(h) to investigate complaints of a more particular or individual character to determine whether the provisions of this Act are being contravened with respect to the complainant and, where deemed appropriate, to mediate with regard to such complaints;

(i) to inquire into and advise or make determinations on any matter relating to equality between men and women as may be referred to it by the Minister;

(j) to provide assistance, where and as appropriate, to persons suffering from discrimination in enforcing their rights under this Act;

(k) to keep under review the working of this Act, and where deemed required, at the request of the Minister or otherwise, submit proposals for its amendment or substitution;

(l) to perform such other function as may be assigned by this or any other Act or such other functions as may be assigned by the Minister.

Legal Notice 85 of 2007 – Equal Treatment of Persons Order extends the NCPE’s remit to include the promotion of equality on the grounds of race/ethnic origin in the access to and supply of goods and services. By virtue of this Legal Notice, the NCPE ensures that no person, establishment or entity, whether in the private or public sector, discriminates against any other person in relation to:

(a)Social protection, including social security and healthcare;

(b)Social advantages;

(c)Education;

(d)Access to and supply of goods and services which are available to public, including housing; and

(e)Access to any other service.

Moreover, the NCPE is also responsible for enhancing equality between genders in the access to and supply of goods and services, as established by Legal Notice 181 of 2008 – Access to Goods and Services and their Supply (Equal Treatment) Regulations, 2008. Hence, the NCPE also works to combat direct and indirect discrimination as well as sexual harassment on the grounds of gender in the access to and supply of goods and services. In effect, the functions of the NCPE are extended to safeguard gender equality in this sphere, and specifically to:

(a) providing independent assistance to victims of discrimination in pursuing their complaints about discrimination;

(b) conducting independent surveys concerning discrimination; and

(c) publishing independent reports and making recommendations on any issue relating to such discrimination.

The NCPE is also covering freedom of movement for workers in the EU by virtue of Legal Notice 173 of 2016 – Exercise of Rights conferred on Workers (Freedom of Movement) Regulations. Persons who feel that they have encountered or are encountering obstacles to exercise, or have had or are having their right to free movement restricted without justification, shall have a right to file a complaint with the Commissioner even after the relationship in which the obstacle or restriction is alleged to have occurred has ended, and the Commissioner shall initiate the proceedings prescribed in the Act or in any other applicable law or regulation.