Updated 9.20pm

A Maltese law that forces a woman to give her marital status while not requiring the same for a man is discriminatory, the National Commission for the Promotion of Equality has ruled. 
 
An in-depth investigation into the issue was launched following an objection by MEP Roberta Metsola and a Constitutional Court case initiated by Marie-Therese Cuschieri.

In a ruling handed down on Thursday, Malta’s Equality Commissioner Renee Laiviera agreed that the law was discriminatory and urged parliament to change it immediately.

Cuschieri had initially brought a case before the Maltese Constitutional Court, arguing Article 28(1)(c)(i) of the Notarial Profession and Archives Act (Chapter 55 of the Laws of Malta) is inconsistent with her fundamental human rights. 

The act, now confirmed as discriminatory, says that on any official contract, if a woman is involved, “it shall also be stated whether she is a spinster, a married woman or a widow". 

The case was decided in Cuschieri's favour but while she was no longer required to provide her marital status, other women were still being required to do so. 

Metsola then brought the matter to the attention of the Commissioner for the Promotion of Equality asking her to remedy the situation that creates discrimination between men and women. 

She had also asked the Commissioner to assist, where necessary, people who have suffered from discrimination as a result of the incorrect application of this ruling. 

Speaking following Thursday’s ruling, Metsola welcomed the results of the NCPE investigation and underlined that discrimination in Malta’s laws needs to be addressed immediately. 

“We cannot accept that in this day and age, battles hard-won by women to equalise their treatment in the eyes of the law and of society are confined to ink and paper and not implemented in practice.”

“Now we need the parliament to act - it must immediately change the law and send out a strong signal that women will not be discriminated against,” Metsola said. 

In her ruling, the Commissioner also said that she will be following the issue closely to ensure that the matter is rectified. 

“The Commissioner makes it clear that the dragging of feet to do what is right is no longer acceptable,” the ruling reads. 

PN to table Private Member's Bill

Late on Thursday the PN said it will be calling for a change in the law and will table a Private Member's Bill to end this discrimination.

Through this move the PN hopes to strengthen equality and halt discriminatory measures.