The government has tabled what it describes as a landmark reform of Malta’s human rights and equality framework, with Minister for Equality and Civil Rights Rosianne Cutajar piloting legislation that would establish a National Human Rights and Equality Commission while significantly expanding legal protections against discrimination.

The proposed law replaces the current National Commission for the Promotion of Equality (NCPE) with an independent body that would serve both as Malta’s National Human Rights Institution and as the country’s Equality Body. The aim is to create a stronger institution equipped to promote human rights, investigate discrimination and provide better protection for victims.

Among the most significant changes is a broader definition of discrimination. The bill recognises forms of discrimination such as intersectionality, where a person is discriminated against on more than one protected ground, while also introducing explicit protection against victimisation and widening the legal definition of harassment to cover any unwanted conduct linked to protected characteristics, including online abuse.

The legislation also expands the list of protected characteristics, including disability, health status, age, religion, sexual orientation, gender identity, gender expression and ethnic origin, while leaving the list open-ended to allow protection against future forms of discrimination.

Another key reform is the extension of anti-discrimination protections to all protected characteristics in access to goods and services provided by both the public and private sectors. Victims would also find it easier to seek justice through strengthened legal remedies, including compensation for moral damages and a shift in the burden of proof once evidence suggesting discrimination is presented.

The proposed Commission would be granted wider investigative powers, including the authority to launch investigations on its own initiative, offer mediation services and intervene before courts by providing expert opinions. Public authorities would also be placed under a new legal duty not only to avoid discrimination but to actively promote equality through a National Equality Action Plan.

The bill also seeks to strengthen the Commission’s independence by requiring the Commissioner to be appointed through a two-thirds parliamentary majority and by introducing transparent appointment procedures for Commission members.

This legislative action will represent one of the most comprehensive overhauls of Malta’s equality laws in recent years, bringing together human rights and equality under a single independent institution while aligning the country’s legal framework more closely with international and European standards.