Equality Laws

Equality legislation in Malta covers equality in two spheres of life –Employment and Goods and Services.
Equality in Employment protects people from discrimination based on age, gender, pregnancy or potential pregnancy, marital status, race/ethnic origin, colour, religion, disability, political opinion, membership to a trade union and sexual orientation. Such legislation states that there can not be any form of discrimination in access to employment or the provisions set out in the offering of employment, selection criteria or in the actual terms of employment based on any of these six grounds of discrimination. Refer to Chapter 452, Employment and Industrial Relations Act.
 NCPE’s remit, in relation to Employment covers sex or family responsibilities, sexual orientation, age, religion or belief, racial or ethnic origin, and gender identity, gender expression or sex characteristics, as emanating from Chapter 456, Equality for Men and Women Act, which will be explained in further detail in the Equality at the Workplace Section.

In relation to Goods and Services, NCPE’s remit is limited to non-discrimination based on race/ethnic origin and gender. This emanates out of LN 85/2007 Equal Treatment of Persons Order in relation to race/ethnic origin and LN 181/2008 Access to Goods and Services and their Supply (Equal Treatment) Regulations in relation to gender.
In all aspects of NCPE’s remit, both direct and indirect discrimination are considered as forms of discrimination.

To this effect, direct discrimination is defined as ‘where a person is treated less favourably than another person is, has been, or would be, treated in a comparable situation’ and indirect discrimination is when ‘an apparently neutral provision, criterion or practice would put a person at a particular disadvantage compared with other persons, unless that provision, criterion or practice is objectively justified by a legitimate aim and the means of achieving that aim are appropriate and necessary.’

Instruction to discriminate is when one individual tells another individual to discriminate against a third person.

Victimisation is when an individual is treated discriminately because of having made a complaint about discrimination or because s/he has helped in proceedings about a case of discrimination.

Harassment is defined as when unwanted conduct occurs with the purpose or effect of violating the dignity of a person and of creating an intimidating, hostile, degrading, humiliating or offensive environment.

 Contact Name 
National Commission for the Promotion of Equality (NCPE)
Gattard House,
National Road,
Blata l-Bajda HMR 9010
(+356) 2590 3850
(+356) 2590 3851