Men should have the right to take on their wife’s surname or add it to their own, according to proposals put forward by the equality watchdog.
So if Joe Borg marries Mary Abela, they could be addressed as Mr and Ms Abela... or Abela Borg... or Borg Abela, as the double-barrelled option would no longer be limited to the woman.
Under current law, a man has no option but to retain his surname after marriage but a woman can choose among a number of options: keeping her own surname, taking on her husband’s or joining the two in whichever order she desires.
The National Commission for the Promotion of Equality is now proposing that this choice be extended to men and the proposal is being evaluated by the Equal Opportunities’ Ministry, a spokesman said.
If Joe Borg marries Mary Abela they could be addressed as Mr and Ms Abela
In its proposal, seen by this newspaper, the commission noted that Maltese couples did not have the option to adopt the wife’s surname upon marriage.
“Therefore the right of choice is a prerogative of the wife while the husband can neither choose to adopt his wife’s surname nor opt for a dual surname,” the commission says.
The commission is arguing that the Convention on the Elimination of all Forms of Discrimination against Women (CEDAW) stipulates that State parties need to ensure husband and wife enjoy the same personal rights, including the right to choose a family name.
This lack of choice for men, the commission argues, breaches the fundamental human right to private and family life and the right to prohibition of discrimination enshrined in the European Convention on Human Rights.
“It is our considered opinion that the absence of this right of choice for the husband in the Maltese Civil Code is in breach of... the ECHR,” it stated.
For this reason it is proposing that a couple – whether entering a marriage or civil union – can choose to: keep their own surnames, both take on one surname that could be that of the husband or wife, or combine the two in whatever order they prefer.
The couple would have to declare their intention before the publication of the marriage banns. They would also have to declare what surname their children would have.
ccalleja@timesofmalta.com