Rights Agency critical of Maltese restrictions on compensation to victims of crime

Maltese legislation that permits the restriction of compensation to victims of crime on the basis of the victim’s conduct, character or way of life risked arbitrary restrictions, the EU's Fundamental Rights Agency (FRA) said in its annual report, issued today.

The Vienna-based agency said this restriction could take place when the claims officer disagreed with certain ‘lifestyles’ of the victims, based on prohibited grounds of discrimination, such as sexual orientation. It also raised questions of compatibility with the right to respect for private life.

The report, which covers information, events and developments on fundamental rights in the EU last year, shows that alarmingly few people across Europe were aware of their rights and where to report incidents of discrimination.

Poor data collection in the EU-27 continued to hamper the implementation of effective policies to combat discrimination, while gaps in legal protection ensured that discrimination continued to thrive in certain areas, the agency said.

It praised Malta and Bulgaria for the establishment of support organisations to provide help to victims of crime through the provision of medical, legal or information services.

The report noted that less than 10 formal complaints were registered with Malta’s Equality Commission in 2007.

However, it pointed out that this did not necessarily reflect a low incidence of discrimination but, rather, that victims were unaware of, or unwilling to use, the available procedures.

The FRA said that disappointingly, Italy, Portugal and Malta slipped back with respect to improvements they made in previous years on the quality and availability of data on criminal justice and its limitations.