Shelters have long been considered the solution for victims of domestic violence but a new policy will call for the eviction of perpetrators from the family home.
This is in line with European obligations that Malta signed up for.
“Currently, it is usually the victim who flees the house, leaving behind the perpetrator who continues to live comfortably at home, said Silvan Agius, director of the Human Rights and Integration Directorate.
“The victim is meanwhile hosted in a shelter, most probably without a source of income, perpetuating poverty.
“We need to ensure that it is the perpetrator who is taken out of the house, and hosted elsewhere, where they could even be rehabilitated through a treatment order if necessary,”
The new policy on gender-based violence would also ensure multi-agency cooperation between entities, such as health, police and court, something that activists have long been calling for.
Malta ratified the Council of Europe convention on preventing and fighting violence against women in 2014 but the island does not yet have its own time-bound strategy. Although Malta has promised to fulfil its obligations, there is no uniform systematic process of doing so yet. So the directorate is drafting a plan that will be presented to Cabinet by the end of the year, covering the period until end of 2020.
How do we go from theory to practice?
Shelters may not be the solution
Currently, a person who experiences domestic violence could either call the emergency number, go to hospital or a health centre, approach the police, Appoġġ or an NGO. The direction that the particular case takes depends on who the victim approaches first.
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“We need to ensure that no matter their point of entry, the outcome is the same in all cases, and this challenge will be tackled by bridging these various entities,” Ms Unah said. Standard operating procedures will be drawn up for various forms of gender-based violence. Training will be provided to civil servants, police officers and social workers, and awareness will be raised among the public.
Why did it take so long to come up with a plan?
Mr Agius explained that as soon as Malta ratified the Istanbul convention, the government kick-started a process to draft national legislation. The Bill, which has been finalised, will be presented to Parliament by the end of the year.
It implements all the Istanbul Convention measures and addresses archaic aspects in our laws. For example, if a person snatches someone and marries them, the kidnapping is no longer considered a crime. Rape is described in the Criminal Code as an attack on the honour of the family, rather than on the integrity of the person.
Other clauses lead to the dropping of cases of domestic or sexual violence halfway through prosecution. Under the new law, violence will no longer be seen as a private matter but rather as a societal concern. Meanwhile, some of the measures within the policy are already being implemented – such as bringing together government entities – though a project called Full Cooperation Zero Violence.
An innovative approach – something that several NGOs and violence survivors have long been calling for – is that the strategy will not only have measures to ensure victim safety but will also call for action against the perpetrators.
“For a long time, Malta has considered shelters – for female and male victims – as the solution. They may not be the long-term solution,” Mr Agius said.
If the measures are not implemented the directorate cannot apply any sanctions but the defaulting entities would have to provide justification for their failure to meet the deadlines.