AN ACTIO Ilmtnd Iht ConslilUlion.

I !tSSCnt.

CENSU T .... UONE

Presidenl

9th August. 1991

ACT No . XIX u( 1991

AN ACTIO Ilmtnd Iht ConslilUlion.

BE IT ENACfE D by the Preside nt. by and with the advice and

consent of the House of Representalives, in this prelient Parliament

assembled. and by the authority of the same. as follo"'5: -

I. This Act may be cited u the Constitution ( A~ndment) An ,

1991 . and !hall be read and ('(Instrued as one with the Constitution of

Malta . hereinafte r referred to as ~ the Constitution ~.

For section 14 of the Constitu tion. there shall be substitu ted

the following

The Stale shall promOle the equal right of men and

,"'omen to enjoy all economic. !IOCial. cultu ral. civil and

political rights and for this purpme shall la ke appropriale

~asur~ 10 eliminate all forms of discrimi nation between the

sexes by any jlCrson. organisation or ente'Prise; the State

shall in panicular aim at ensuring Ihat ... umen workers enjoy

equal rights and the same wages for the same work as men. ~ •

Section 45 of Ihe Conslitution ~hall be amended as follows

(a) in subsection (3) thereof for the words "oolour orcreed"

there shhll be substituted the words "oolour. creed or sex" ;

(b)

in subsection (4) thereof

(i) for 'he words "pcriod of ptJblil" emergency .... 'here

shall be substituted the " u lds "pcriod of ptJblic emeTgency:~;

.. d

(ii) immediately at the cnd thereof there shall be

insened the following

~ Pro~ided that paragraph (c ) of this subsection shall

not apply 10 an y law wh k h makes any provision Ihm is

discriminatory. ei ther of itself or in its dfect by affording

different !realment 10 diff~ rent pe<$Ons anribtUable

wOOlly or mai nly to their rC$pCC1;.·c description by SCK .~

(c) for subsection (S) the reof there sh an be susb!itituted thr

following

"(5) Nothing contained in any law shall be held to be

inconsi"enl wi th or in coruravention of suhscction (I) of Ihis

section to the extent that il makes provision

(a) with respeel to qualifications for service or

conditions of se ... ·jce in any di!iCiplined force: or

(b) wit h ~spcct to qualirlCations (nOl being qualifi .

cations spcei rlCllll y rela ting to suI for se .... icc 35 ~ public

officer or for sc .... ice of a Ioo,:al gm'emment authority or a

body corporate establi shed for public purposes by any

M

la w.

(d) in subsection (7) thereof immediately afte r the words

"makes provision" the re shall be inserted the word s " (not bei ng

r

provision. specifically rdating 10 sex

(e) immedi ately aft er subsectio n (9) thereof the re shall be

added the following

M(IO) Until the upiration of 3 period of two yea rs

comme ncin g on Ihr 1st July. 1991. nothing contained in any

La ... ' made be fore Ihr 1st Joly. 1991. sh all be held 10 be

inronsistent ,,·;th tbe provisions of this section. in so fa r a. that

la'" provides for diffe rent trea tment 10 differe nt pet"SOns

attributable wholly or mainly 10 their respective d=iption by

w, .

(11 ) Nothing in the provisions nf this :;cetior[ $h~1I

apply to any law or an)·t hing done under th e ,HU hority of a Illw.

Or to any procedure orarrangcment. in '" far as~uch law. thing

done. procedurc or arrang<'ment provides r"r the taking of

special measures arm<,d at ac..·elerahnl! 1/,- fuclO equ ali ty

bt't ... ·ee n men and women. and in SO far " nly lls,uch measure$.

ta king into lll:cuuntlbe social fabric " r 1'>1:1113. are ~h() ... n to be

reasun ahly JU>1 ifiahlc in a democrat ic so."'lcly. - .

4. Fo.- the wo.-ds -Nothinl contained in~ in subs«tion (7) of

$eCl:ion .17 of the Con~titut;on. there shall he s.ub'ltitu teu the word,

" Unlilthenpiralionof a periode1'lding on the 3O!hJullC . 19'93. nothin,

contained in ".

Passed by lhe House of Reprcxntllivn at Sinin, No. 555 of lhe 3O!h July. 19'91.

lJ.WRE.'-'C£ OoN? I

SPftlbr

RIO IAIU) J. CI'\.UCllt

Act;ng Cluk 10 Iht Houst of H~p~tIlIOli~~s.

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