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Petition No.: 49 Signatures: 379

Thirteenth Legislature (2017 - 2022)

Details - Online

Title
Enforcing the Domestic Violence Act Cap 581
 
Date
12-01-2022
 
Date petition closes for signatures
20-02-2022
 
Creator of petition
TASMIN CARVALHO DE SOUSA
 
Grievance
Clarification needed as to why the domestic violence act isn't being enforced, to confirm if the issues outlined in the GREVIO report have been addressed in a full response to this petition and to amend the civil; criminal law to be enforceable by police officers
 
Wherefore I/we respectfully request the House of Representatives to
Action: - Explain in detail if the GREVIO report has been addressed and confirm why the Commission of Gender Based Equality and Domestic Violence is currently only taking care of liaison between departments instead of adhering to the act it was drawn up for - i.e. the relevant act; CAP 581. 5. (1) (2) - Elect an official in the Courts of Malta who would be able to supervise cases flagged as DV and monitor the processing of such case, avoid loss of evidence and other various shortcomings which are clearly still being carried out to date by various entities. - Terminate the procedure where a "Child lawyer" speaks to a traumatized child for 10 minutes, then speaks to both the abuser and the victim in the same room, and then allow themselves to be influenced by the abuser only to then finally submit a report to the court with a distorted point of view, all to the detriment of the victim and child because the Child lawyer has not realized that the case is of a DV nature. Allow only professionals who have spent more than 2 hours on 3 separate days with the child to submit reports to court.
- Explain in detail the personalized protection plan for individuals who are trying to seek help and a way out of a domestic violence situation as originally pledged to the Council of Europe by Joseph Muscat in 2018 - Clarify if the police force is to adhere to the Police Code of Conduct, the Civil or Criminal Law or the Domestic Violence Act, as officers seem to be currently carrying out only criminal law, to the detriment of domestic violence victims. Once this is clarified, for the law to be amended to empower the police force to act in the best interest of the vulnerable and enforce civil decrees accordingly. - Make known what to do in cases where the court fails to review the evidence properly and offer compensation and help to those which have not had justice through the courts of Malta.
- Amend the Media Guidelines to include the ban of "Victim blaming"; wording in the media literacy
 
Closing remarks
These are issues that have been flagged years ago by the European Union, and we promised them, and all the Maltese citizens who suffer of domestic violence that we would deal with this. Now we can see that the set up of the Commission was only a facade, and it is demanded that the law is abided to - by ALL the Maltese entities - even the Courts of Malta. Otherwise it will be unclear why we have laws written down that nobody seems to know or care about, but above all, for who are they written down?