A woman was told she could not put her surname first on her child’s birth certificate before the National Commission for the Promotion of Equality stepped in to investigate and resolve the matter last year. 

The case was one of 24 solved last year and presented during the NCPE’s annual conference.

Equality commissioner Renee Laiviera presented a breakdown of the commission’s work during the previous year. 

She said the commission was contacted by a woman who complained that she had been discriminated against on the basis of sex when she was told by a government department that her last name could not be listed first on her child’s birth certificate. 

The woman had previously had a child with her partner in the UK whom they had given both of their surnames, with the mother’s last name listed first.

Subsequently, the couple moved to Malta and had a second child. 

However, when it came time to register the child, the parents were told that a mother’s surname could only come after the father’s on a birth certificate.

This created an issue as the couple’s children would end up having different last names despite having the same parents. 

The woman felt aggrieved because she was not given an adequate explanation as to why it was necessary for her surname to come after her husband.

She felt that she had been treated like she had fewer rights at law than their husband. 

Upon investigation, the commissioner found that previously, children born to married couples must receive their father’s last name and may add their mother’s last name if they please, while children born out of wedlock may be given their father’s last name if they are recognised and otherwise assume their mother’s surnames. 

However, in 2020 an amendment to articles 4 and 92 of the Civil Code made it so any child born in Malta may assume the surname of any one of their parents or both in the order of their choice.

In light of this, the Commissioner upheld the complaint of discrimination and the parents were allowed to register their child as intended. 

Man challenged jacket, tie requirement in court 

The NCPE also investigated a case where a man attending a local tribunal sitting to answer for a speeding violation was greeted with a sign that said that men would not be accepted into the court building without a blazer, shirt and tie. 

Whilst understanding the requirement to come to court in proper attire, he felt aggrieved that this notice was directed solely at men and that institutions should not assign specific clothing requirements for a particular gender. 

The Commissioner upheld the complaint and recommended to the tribunal in question that such regulations are revised to one that is uniform and neutral to all genders. 

In total, the NCPE investigated 24 complaints last year, with the largest amount (13) being complaints of discrimination on the basis of sex, three of which were made by men. 

This was followed by five complaints of discrimination based on race or ethnic origin as well as one case of sexual harassment, and discrimination on the basis of gender identity and on the basis of age, respectively.

A further three investigations carried out by the department were found not to be in the NCPE’s remit and were passed on to the relevant authorities. 

Photo: Jonathan Borg

'Double discrimination'

Following a presentation of the NCPE’s work, Associate Professor JosAnn Cutajar gave an overview of research on intersectional discrimination, which happens when a person experiences discrimination on two or multiple grounds which interact in such a way that they produce a very distinct and specific form of discrimination. 

When it comes to the NCPE’s work, the commission was working to not treat people like homogenous groups, Cutajar said. 

To combat this locally, more research into the impact of intersectionality on people’s lives is needed to inform better policy, Cutajar recommended, while increasing diversity in political decision making, the judiciary and law enforcement. 

Panellists who have experienced intersectional discrimination also shared anecdotes from their lives and how conflicting policies and social expectations may have worked against them. 

Lecturer Karen Buttigieg, whose son has a disability, spoke about the balancing act she faces as a working mother whose child needs special accommodations that aren’t always catered for. 

“While we have since learned the value of female participation in the workforce, there is still a patriarchal idea that women are expected to take on the role of the primary parent,” she said. 

“On the other hand, mothers of children with disabilities in many ways are expected not to work. Services like childcare or breakfast clubs do not offer specialised care for children with disabilities.” 

Buttigieg said this placed mothers like her in the awkward position of having a financial incentive to work due to the increased expectations of care when children have disabilities, but on the other hand, finding that they are expected to care for their children due to diminished childcare options. 

As a gay man and an asylum seeker, Dali Aguerbi said that he often faced what he called “double discrimination” from different marginalised communities.

“As a gay person, you are seen as the foreigner and the refugee and there are ways in which you are always made to feel like you are not actually part of the community,” he said.

“Meanwhile when you are living in containers in Ħal Far, it’s also a difficult decision to be yourself because the community is homophobic. It’s a situation of thinking am I going to end up being discriminated against because of my skin colour today or is my community going to turn against me if I come out to them?” 

He added that while Malta prided itself on having the most advanced LGBTIQ rights in Europe, he still faced challenges in accessing these rights because of his asylum status. 

“When gay people live in a country where they are criminalised and scared to come out, they are still asked to prove that they are gay when asking for asylum, and very often they aren’t believed. How on earth can I prove that I am gay to an asylum officer?” he said. 

“On the flip side, as a refugee, I have the right to bring my partner over to the country that is protecting me. As a gay man, I have no right to marry my partner in Tunisia, so again, how can I prove I have been in a committed relationship for years?”

“Whether it is through being a refugee or being gay, either way, your rights are eliminated.” 

Equality Minister Byron Camilleri and Parliamentary Secretary for Reform Rebecca Buttigieg also presented 19 organisations with the NCPE Equality Mark, while 37 organisations were recertified to confirm their commitment to equality in the workplace.