Access to Goods and Services and their Supply (ln_2008_181) | MT

Malta Government Gazette — Legal Notice 2008 181 — Access to Goods and Services and their Supply

Preamble — Access to Goods and Services and their Supply Open official source

L.N. 181 of 2008

EQUALITY FOR MEN AND WOMEN ACT

(CAP.456)

Access to Goods and Services and their Supply

(Equal Treatment) Regulations, 2008

IN exercise of the powers conferred by articles 9(3), 18(3) and 20

of the Equality for Men and Women Act, the Minister for Social Policy

has made the following regulations>-

Malta Government Gazette — Legal Notice 2008 181 — Access to Goods and Services and their Supply

Reg. 1 — Access to Goods and Services and their Supply Open official source

(1) The title of these regulations is the Access to Goods and Title and scope.

Services and their Supply (Equal Treatment) Regulations, 2008.

(2) These regulations give effect to the relevant provisions

of Council Directive 2004#113#EC implementing the principle of equal

treatment between men and women in the access to goods and services

and their supply.

(3) These regulations shall apply to all persons who provide

goods and services made available to the public irrespective of the person

concerned as regards both the public and private sectors, including public

bodies, and which are offered outside the area of private and family

life, and to all transactions carried out in this context.

(4) These regulations do not prejudice the freedom of an

individual to choose a contractual partner as long as such choice of a

contractual partner is not based on the gender of that person.

(5) These regulations shall not apply to matters of

employment and occupation, nor to matters of self-employment, insofar

as these matters are covered by other laws and regulations.

(6) These regulations shall be without prejudice to more

favourable provisions concerning the protection of women as regards

pregnancy and maternity.

Malta Government Gazette — Legal Notice 2008 181 — Access to Goods and Services and their Supply

Reg. 2 — Access to Goods and Services and their Supply Open official source

In these regulations unless the context otherwise requires>-

Interpretation.

“the Act” means the Equality for Men and Women Act<

“the Commission” means the National Commission for the

Promotion of Equality for Men and Women established in terms

of article 11 of the Act and includes any officer of the Commission

duly authorised by it to act on its behalf for any specific purpose

under the Act, and the term”“Commissioner” shall be construed

accordingly<

“equal treatment” means the absence of discrimination,

whether direct or indirect, on grounds of sex , by reference in

particular to marital or family status.

Malta Government Gazette — Legal Notice 2008 181 — Access to Goods and Services and their Supply

Reg. 3 Purpose. — Access to Goods and Services and their Supply Open official source

The purpose of these regulations is to lay down a framework

for combating discrimination based on gender in the access to and supply

of goods and services, with a view to putting into effect in the access to

such goods and services and their supply the principle of equal treatment

between men and women.

Malta Government Gazette — Legal Notice 2008 181 — Access to Goods and Services and their Supply

Reg. 4 Concept of discriminatory treatment. — Access to Goods and Services and their Supply Open official source

(1) It shall be unlawful for a person to subject another person

to discriminatory treatment, whether directly or indirectly, on the

grounds of sex, including discriminatory treatment related to pregnancy

or maternity.

(2) Without prejudice to the provisions of the Act and of

the Employment and Industrial Relations Act>

“direct discrimination” shall be deemed to occur where one

person is treated less favourably, on grounds of sex, than another

is, has been or would be treated in a comparable situation< and

“indirect discrimination” shall be deemed to occur where an

apparently neutral provision, criterion or practice would put persons

of one sex at a particular disadvantage compared with persons of

the other sex, unless that provision, criterion or practice is

objectively justified by a legitimate aim and the means of achieving

that aim are appropriate and necessary.

(3) Harassment and sexual harassment shall also be deemed

to constitute discrimination for the purposes of these regulations. A

person’s rejection or submission to harassment or sexual harassment

may not be used as a basis for a decision affecting that person.

(4) Without prejudice to the provisions of the Act and of

the Employment and Industrial Relations Act>

“harassment” shall be deemed to occur where an unwanted

conduct related to the sex of a person occurs with the purpose or

effect of violating the dignity of a person and of creating an

intimidating, hostile, degrading, humiliating or offensive

environment< and

“sexual harassment” shall be deemed to occur where any form

of unwanted physical, verbal, non-verbal or physical conduct of a

sexual nature occurs, with the purpose or effect of violating the

dignity of a person, in particular when creating an intimidating,

hostile, degrading, humiliating or offensive environment.

(5) For the purposes of these regulations, any person or

organisation to whom these regulations apply shall also be deemed to

have discriminated against a person if they neglect their obligation to

prevent any form of harassment or sexual harassment within their

organisation.

(6) Instruction to direct or indirect discrimination on the

grounds of sex shall be deemed to be discrimination within the meaning

of these regulations.

(7) Discrimination shall also be deemed to have occurred

when a person is victimised for having made a complaint to the lawful

authorities or for having initiated or participated in proceedings for

redress on grounds of alleged breach of the provisions of these

regulations, or for having disclosed information, confidential or

otherwise, to a designated public regulating body, regarding alleged

illegal or corrupt activities being committed by any person falling within

the scope of these regulations or by persons acting in such person’s

name and interests.

(8) These regulations shall not preclude differences in

treatment, if the provision of the goods and services exclusively or

primarily to members of one sex is justified by a legitimate aim and the

means of achieving that aim are appropriate and necessary.

Malta Government Gazette — Legal Notice 2008 181 — Access to Goods and Services and their Supply

Reg. 5 — Access to Goods and Services and their Supply Open official source

(1) The use of sex as a factor in the calculation of premiums Actuarial factors.

and benefits for the purposes of insurance and related financial services

shall not result in the premiums and benefits relating to an individual

except in those cases where the use of sex is a determining factor in the

assessment of risk, and only if the resulting differences in the premiums

and benefits relating to an individual are proportionate, and where this

assessment is based on relevant and accurate actuarial statistical data.

(2) Providers of insurance and related financial services who

use such a determining factor shall file an annual notification to such

effect with the Commission.

(3) Such notification shall include the following details >

(a)

the name of the service provider<

(b) the product or service in relation to which the notification

is being filed<

(c) a rationale as to why the use of sex is a determining

factor< and

(d) the actuarial statistical data on which this rationale is

based.

Malta Government Gazette — Legal Notice 2008 181 — Access to Goods and Services and their Supply

Reg. 6 Positive action. — Access to Goods and Services and their Supply Open official source

With a view to ensuring full equality in practice between men

and women, the principle of equal treatment shall not prevent any person

from maintaining or adopting specific measures to prevent or

compensate for disadvantages linked to sex.

Malta Government Gazette — Legal Notice 2008 181 — Access to Goods and Services and their Supply

Reg. 7 Judicial and adminstrative proceedings. — Access to Goods and Services and their Supply Open official source

(1) Persons who feel that the principle of equal treatment

within the scope of these regulations has not been applied to them, shall

have a right to file a complaint with the Commissioner and the

Commissioner shall initiate the proceedings prescribed in the Act or in

any other applicable law or regulation.

(2) Without prejudice to subregulation (1), a person who

alleges that any other person has committed in his or her regard any

unlawful act under these regulations shall, within twenty-four months

of the alleged breach, have a right of action before the competent court

of civil jurisdiction requesting the court to order the defendant to desist

from such unlawful act and to order the payment of compensation for

such damage suffered through such unlawful act.

(3) In any proceedings mentioned in subregulations (1) and

(2) hereof, where persons who consider themselves wronged since the

principle of equal treatment has not been applied to them, establish

before any competent Court or Tribunal facts from which it may be

presumed that there has been direct or indirect discrimination, it shall

be for the defendant to prove that there has been no breach of the principle

of equal treatment on the hearing of the complaint, and the Court or

Tribunal shall uphold the complaint if the defendant does not prove

that he did not commit that unlawful act.

(4) In any such action as is provided under sub-regulation

(2) hereof, the plaintiff shall moreover and in addition to such damages

and costs as may have been actually suffered and as may be due

according to law, be entitled to recover by way of compensation such

sum of money as the court may in its discretion consider reasonable

taking into account all the circumstances of the case. The court shall

however ensure that compensation is dissuasive and proportionate to

the damage suffered.

Malta Government Gazette — Legal Notice 2008 181 — Access to Goods and Services and their Supply

Reg. 8 — Access to Goods and Services and their Supply Open official source

Nothing shall prevent any association, organisation or other Defence of rights.

legal entity, having a legitimate interest in ensuring that the provisions

of these regulations are complied with, from engaging itself either on

behalf or in support of the complainant, with his or her approval, in any

judicial or administrative procedure as is provided for the enforcement

of obligations under these regulations.

Malta Government Gazette — Legal Notice 2008 181 — Access to Goods and Services and their Supply

Reg. 9 — Access to Goods and Services and their Supply Open official source

For the purposes of these regulations, and without prejudice Functions of the

Commission.

to article 12 of the Act, the functions of the Commission shall include >

(a) providing independent assistance to victims of

discrimination in pursuing their complaints about discrimination<

(b) conducting independent surveys concerning

discrimination< and

(c) publishing independent reports and making

recommendations on any issue relating to such discrimination.

Malta Government Gazette — Legal Notice 2008 181 — Access to Goods and Services and their Supply

Reg. 10 — Access to Goods and Services and their Supply Open official source

(1) Persons and organisations to whom these regulations Compliance.

apply shall take the necessary measures to ensure that the principle of

equal treatment is respected in relation to the access to and supply of

goods and services within the scope of these regulations, and in particular

that administrative provisions contrary to the principle of equal treatment

are abolished and that any contractual provisions, internal rules of

undertakings and rules governing profit-making or non-profit-making

associations contrary to the principle of equal treatment are abolished

or amended.

(2) In any case, any provision or practice contrary to the

principle of equal treatment shall be null and void.

Malta Government Gazette — Legal Notice 2008 181 — Access to Goods and Services and their Supply

Reg. 11 — Access to Goods and Services and their Supply Open official source

Any person who sexually harasses any other person in breach Offences.

of the provisions of these regulations shall be guilty of an offence and

shall, on conviction, be liable to a fine (multa) not exceeding two

thousand three hundred euro (€ 2,300) or to imprisonment for a period

not exceeding six months, or to both such fine and imprisonment.

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press

€0.56

Access to Goods and Services and their Supply

Table of Provisions (12)

Statutory Text (12 Articles)

Need to analyze how this provision applies to your matter?