Ratification of the Council of Europe Convention on Prevention and Combating of Violence against Women and Domestic Violence ensures that whoever committed domestic violence would be expelled from the family home.
Introducing the Bill providing for the convention’s ratification, Family Minister Michael Farrugia said yesterday there were several cases where the victim had to move out to ensure her safety.
However, once the convention was ratified, there would be more pressure on the courts to ensure that perpetrators of domestic violence be removed from the matrimonial home when imminent danger existed.
The police would also be able to ensure the perpetrator would not molest the victim.
Noting that the convention required states to ensure measures of determining custody and visitation rights, the minister warned against using children as pawns as this traumatised them for life.
Malta had already satisfied certain provisions of the convention that required member states to enact laws providing for the prosecution of those responsible for physical, sexual violence and rape, sexual harassment, stalking, female genital mutilation, forced marriage, forced abortion and forced sterilisation.
Dr Farrugia said the convention did not preclude member states from extending protection and prosecuting people who committed domestic violence against men. In fact, Maltese law protected men too.
While the convention imposed obligations on member states to promote and protect the individuals’ human rights and liberties, it focused more on women’s rights since they were more subjected to gender-based violence.
The convention required member states to provide reparation for acts of violence covered by the scope of the convention that were perpetrated by non-state actors.
Moreover, the convention required member states to formulate policies to establish gender equality by implementing gender-sensitive policies.
It required states to ensure cooperation between the police, the judiciary and NGOs.
States should also facilitate the regular collection of statistical data on domestic violence.
The convention also required member states to take the necessary measures to promote changes in the social and cultural patterns in the behaviour of women and men with a view to eradicating prejudices, customs, traditions and all other practices based on the idea of the inferiority of women or on stereotyped roles for women and men.
Member states must conduct awareness-raising campaigns and make the public understand the different manifestations of all forms of violence, their consequences on children and the need to prevent such violence.
Dr Farrugia said one should promote gender equality in the educational system as early as possible. This was one of the purposes of the government’s co-education policy.
The government would provide the necessary training to enable professionals to take measures from the early stages. It would also encourage the media to promote equality between sexes.
Treatment programmes would be offered to perpetrators of domestic violence and to sex offenders.
Dr Farrugia said Malta had already satisfied the convention’s requirement for states to provide a domestic violence helpline. However, it aimed at making it more efficient and operated on a 24-hour basis.
The convention required states to provide victims with civil remedies against perpetrators as well as against state authorities if these failed to take action to prevent domestic violence and to offer protection. Malta had reser-vations on article 44 and would be limiting rights to permanent residents in Malta rather than habitual residents.
Malta did not agree and would reserve the right for victims to apply for an autonomous residence permit.
The State would ensure that restraining and protection orders were in place for victims irrespective of other legal action.
Prosecution against an offender would not be wholly dependent on the complaint filed by a victim and proceedings could continue even if the victim withdrew the complaint.
In case of minors, legal proceedings would be initiated once the victim had reached the age of 18.
Malta, like other countries, would be monitored by a group of independent experts (Grevio) who would measure the extent to which member parties had implemented the convention.
Concluding, Dr Farrugia announced that the government was discussing legislation on cyber bullying and harassment to ensure that any loopholes in legislation be addressed.