The "Equality" law

During the past two weeks, the bill on Equality between men and women has been debated in Parliament and commented on at length in the local media.

The National Council of Women feels that there has been a lack of accurate information in the general discussion and interpretation of a number of clauses, especially in the media, and lack of concrete proposals for amendment.

Although the aim of this legislation is to create equal opportunities for men and women, it is the needs of women (in a limited number of areas) that the law mainly addresses.

Since publication of the White Paper some months ago, there has been a number of positive amendments, such as the appointment of at least three women on the Equality Commission, the burden of proof in all types of discrimination (and not just sexual harassment), and the prohibition of indirect discrimination.

The Bill however, does not clearly state employers' responsibility to implement positive measures, by means of a gender equality policy, nor is there any reference made to positive actions, which are necessary to combat indirect discrimination.

Protection from victimisation for supporters of victims and the principle of equal pay for work of equal value, established in the ERA, should also be included in this legislation.

The role and functions of the Equality Commission are fundamental for effective implementation. The appointment of all its members carries with it the obligation of keeping abreast with developments of equality law in EU countries and in the adoption of examples of good practices to further enhance our legislation.

NCW hopes that gender equality legislation will be widened to include other areas such as parity participation of men and women in decision making, access to and supply of goods and services, taxation, social protection, social security, social benefits and non-occupational health care, education, training and research, family and society based violence and the images of men and women portrayed in advertising and the media.

Tools such as gender mainstreaming, gender budgeting, gender analysis and gender desegregated statistics are indispensable. Now that the bill is at committee stage NCW hopes that the amendments made will reflect both present day needs and those of the immediate future.