Final Report on National Action Campaign within framework of Council of Europe Campaign to Combat Violence against Women, including Domestic Violence

Report from Malta
Ms Maryanne Gauci (National Focal Point), Dr Marceline Naudi (High Level Official).

1. Introduction
Since the submission of the Interim report for this campaign, in July 2007, the High Level Official (further referred to as HLO) and National Focal Point (further referred to as NFP), have continued to work tirelessly and within the constraints of their limited resources in aiming to implement the objectives of the blueprint of the Council of Europe campaign to combat violence against women, including domestic violence.

2. Thematic measures of the Blueprint

Meetings:


Training:

The HLO and NFP continuously ‘scout’ for training opportunities for workers in the field, as continued professional development in the area of domestic violence through involvement in such EU projects, not only enhances the skills of professionals working with victims and perpetrators of domestic violence, but also contributes to heightening awareness at more advanced levels. This in turn is a form of indirect support to the victims of domestic violence, vis-à-vis the improved quality of service.

3. Conclusion
As can be seen, a comprehensive effort was made by the High Level Official and the National Focal Point in the areas of the blueprint of the Council of Europe Campaign to combat violence against women. The area of awareness raising probably comprised the greatest results in this campaign. This is most likely because it is an area where the High Level Government official & NFP had more resources available to them, and the autonomy to exert the most control over the initiatives and outcomes. Work on the other areas of the blueprint often required even more resources and meant working through a mire of bureaucracy.

National Plans of Action

Furthermore, please identify whether your government has adopted and/or implemented a National Plan of Action to combat violence against women, including domestic violence during the course of the Council of Europe Campaign.

The Commission on Domestic Violence which was set up as a result of the Domestic Violence Act (2006) has used the four thematic areas identified in the campaign blue print to organise the areas needing work in relation to domestic violence in Malta. This is being reported in this year’s annual report (in the process of being published) as follows:

National Action Plan on Domestic Violence

National Action Plan

As suggested in last year’s report the Commission looked to the Council of Europe blueprint for the campaign to eliminate violence against women, including domestic violence, as the major foundation for the development of Malta’s National Action Plan for the sector 1.

In the introduction of the blueprint several clear and bold statements are made which have been kept in mind by the Commission:

The blueprint then goes on to delineate four main areas of measures which would need to be considered: a. Legal and policy measures; b. Support and protection for victims; c. Data collection; d. Awareness raising. The Commission has been working more specifically on the latter three areas through the setting up of three sub-committees.

a. Legal and policy measures
In the Council of Europe blueprint this area has several sub-headings, some of which are already in hand in Malta (e.g. protection orders; legal aid, psycho-social support, safety planning) and others of which we need to work on, including the monitoring and review of legislation and measures provided for by the law. Since our law has only been in place for two years this is something we hope to be able to tackle in the future.

b. Support and protection for victims
Once again, in the Council of Europe blueprint, there are several sub headings under this measure, and once again, several of these are already in hand in Malta, whilst others require further work.

The Commission set up a sub-committee on Service Development with representatives of the main direct welfare service providers in the field of domestic violence, both public entities and NGO’s, i.e. the various shelters, the Domestic Violence Services of Appogg (the designated agency) and the Gozitan Social work services. An ex-service user also sits on this sub-committee.

This sub-committee helps co-ordinate the various work of the direct service providers through sharing of information. Standards for the care facilities and also of the services given by the staff are being discussed with the intention of working on national standards which are acceptable to all parties. We have liaised with the Department of Social Welfare Standards and will be working with them on this. Information on opportunities for training and improvement of services through increasing resources (national and international) are also shared and discussed through this forum.

The work done through this sub-committee meets several of the requirements of the Commission’s terms of reference as per the Domestic Violence Act (2006):

(c) strategies to expose domestic violence and to facilitate the intervention of public and private agencies and entities with respect to victims and perpetrators of such violence;
(e) ways to facilitate communication between public and private agencies and entities involved in action against domestic violence;
(f) standards for care facilities for victims and perpetrators of domestic violence, including public or private shelter services or facilities;
(g) standards and protocols for practitioners;
(h) procedures for the effective co-ordination on a national level of the activities of public and private agencies and entities engaged in the giving of services on domestic violence issues including support services;
(k) specialized training for professional groups involved; and
(l) consulting and networking with other relevant national and international entities.”

c. Data collection
The following terms of reference of the Commission would fall under this heading:
(b) areas of domestic violence on which research is necessary or desirable;
(i) a comprehensive and co-ordinated plan for the collection of data concerning domestic violence for use by the courts, prosecutors, law enforcement officers, health care practitioners, social workers and other agencies and entities in a manner that protects the identity of victims of domestic violence;
(l) consulting and networking with other relevant national and international entities.”

The Commission has set up a sub-committee on research and data collation. The various entities that touch with people who are experiencing or escaping domestic violence are represented on this sub-committee through their research/statistics personnel. These include representatives from the Law Courts, Health, Foundation for Social Welfare Services, National Statistics Office etc.

The sub-committee is looking at ways in which statistics currently gathered by the different entities could be standardised to provide a better picture of those seeking help. The replication of a 2003 study commissioned by the then Ministry for Social Policy titled "Domestic Violence against Women: Perceptions of the Maltese General Public" to the NSO and the undertaking of service evaluation studies are also being prioritised by the Commission for the medium term. Another big task being undertaken is that of a prevalence survey for the Maltese islands in order to get a better idea of not only those that report incidences, but also those that do not. This is needed in order to better plan policy and provision of services.

d. Awareness raising
The following terms of reference of the Commission would fall under this heading:

(a) increasing the awareness and understanding of domestic violence and harassment and their consequences and on ways and means to reduce their incidence;
(d) educating the public on all aspects of domestic violence;
(e) ways to facilitate communication between public and private agencies and entities involved in action against domestic violence;
(l) consulting and networking with other relevant national and international entities.”

The Commission set up a sub-committee for a national publicity campaign to plan and co-ordinate media events on domestic violence based on a two-year period2. Public relations personnel from the Foundation for Social Welfare Services and the Ministry for Family and Social Solidarity sit on this subcommittee together with two Commission members. This helps in dovetailing of activities, reducing duplication and increasing cooperation between these main entities. One of the factors continuously considered is to try to ensure that the current services are not swamped with referrals as a result of the publicity.

The Blueprint once again makes some bold statements in its concluding message which are similarly considered by the Commission in its work:

Assessment of the impact of the Council of Europe Campaign

The Task Force will partly base its assessment of the impact of the Council of Europe Campaign to combat Violence against Women, including Domestic Violence on the following indicators. Please respond by ticking on the boxes.

Acts of violence against women in the private domain are covered by the Domestic Violence Act (2006) and acts of violence in the public domain are covered by the Criminal Code.

2. Is violence committed by a partner or former partner punished more severely than violence among strangers (eg. gender based violence as such or the abuse of power will be considered an aggravating circumstance)?

The aggravating circumstance is the relation of the aggressor to the victim. The Domestic Violence Act (2006) includes a list of those considered ‘household members’ which clearly includes partners and former partners regardless of whether they actually reside in the same household or not.

3. Are victims enabled to seek justice in a human manner (eg. specialised courts on domestic violence, specialised units within the police, the public prosecutor or the judiciary)?

This is an area that requires work. We are in the process of liaising with various entities, such as the judiciary, police etc to attempt to ease the situation of women seeking justice.

4. Does a national emergency 24/7 help-line exist free of charge for victims of domestic violence in your country?

A free 24-hour help line is available in Malta through Supportline 179. This service was originally set up for people experiencing domestic violence but is now a general helpline. It is operated by trained volunteers and managed by the national social welfare agency. Supportline volunteers can also access other emergency services as necessary.

5. Have safe shelters been set up for victims of domestic violence in an adequate ratio in your member state? 3

An ‘adequate number’ is defined in the blueprint as one place in a women’s shelter per 7,500 inhabitants. Basing on a population of 400,000 this means we need to provide 53 places in shelters. In the Maltese islands, we currently have 3 first stage shelters and 1 second stage shelter, as well as a woman’s hostel that is used as an overspill when necessary. Between them they provide approximately the needed amount of beds for women and their accompanying children. However if we had to count only the actual 1st stage shelters we would only have 34 places (of which 6 are currently out of action).
1st Stage Shelters: Ghabex 4 shared rooms with 15 beds total to accommodate both the women and their children; Merhba Bik 13 individual rooms for women and their children; Dar Carolina 6 rooms for women and their children (currently not available due to refurbishing). 2nd Stage Shelter: Dar Qalb ta’ Gesu’ 9 individual flats. Women’s Hostel: Dar Tereza Spinelli 17 beds in total to accommodate both the women and their children.

6. Is administrative data being collected on victims of domestic violence?

One of the tasks being tackled by the Commission on Domestic Violence’s sub-committee on Research and Data Collation is the standardisation of statistics being collected by the different agencies so as to provide a more comprehensive and accurate picture of the current situation. At the moment statistics are collected by the various shelters (data on women who use their services), by the main social welfare agency (data on women who use their services, and which would include almost all the women in the shelters) and by the police (which would include only those that make an official report, some of whom would also be included on the other agencies’ records). The Courts and the Health Services have data available, though not ‘collected’ in relation to domestic violence.

7. Is domestic violence considered as a human rights violation to be addressed in your legal system?

Note 1 For a full assessment of Malta’s position in relation to the campaign as of June 2007, access
Note http://www.coe.int/t/dg2/equality/domesticviolencecampaign/Source/Proceedings_FocPtsConf_withCover.pdf
Note 2 for full report on activities see appendix D
Note 3 The Blueprint of the Council of Europe Campaign recommends a ratio for one place in a woman’s shelter per 7.500 inhabitants.