A/HRC/12/7
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in decision-making processes. Finland recommended that Malta (b) carefully consider
implementation of the recommendations of the Committee on Economic, Social and Cultural
Rights on women’s reproductive health and rights, asking about steps taken in this regard.
46.
Algeria asked about measures taken with regard to the concerns of treaty bodies relating
to discrimination against women, economic, social and cultural rights and the rights of the child,
and the fact that treaty provisions had not been incorporated in domestic law, asking Malta to
take all necessary measures to ensure that they are. Asking about the existence of follow-up
mechanisms for specific human rights issues, Algeria recommended that Malta (a) study the
possibility of establishing a national human rights institution to be accredited by the International
Coordinating Committee of National Institutions for the Protection and Promotion of Human
Rights. Noting that since 2002, Malta had witnessed an influx of clandestine migrants from
Africa, Algeria requested clarification on contributions that Malta might make to international
and regional efforts to combat the root causes of such migration. Encouraging Malta to take a
closer interest in the approach developed in the Common African Position on Migration and
Development adopted by the African Union in 2006, Algeria recommended (b) that Malta
consider acceding to ICRMW.
47.
France, noting the importance of the issue of asylum seekers and refugees coming to
Malta and the European Union, stated that a concerted response was required. France asked
about plans to further strengthen existing legal arrangements against discrimination based on
sexual orientation or gender identity, particularly in employment, health and education. It also
sought clarification on the definition of the crime of rape in Maltese law as an attack against the
peace and honour of families and against morality. France recommended (a) ratifying the
Optional Protocols to the Convention on the Elimination of All Forms of Discrimination against
Women (CEDAW-OP) and the Convention on the Rights of the Child on the sale of children,
child prostitution and child pornography (CRC-OP-SC); (b) providing for arrangements for
same-sex couples to enjoy some of the rights and obligations enjoyed by non same-sex couples;
(c) ratifying the Convention on the Rights of Persons with Disabilities and improving the
integration of persons with disabilities in the education system.
48.
Azerbaijan noted that, because of its geographical location, Malta faces a large number of
illegal migrants and asylum seekers. Congratulating Maltese efforts to handle illegal migration,
Azerbaijan called upon all relevant actors to increase their assistance to Malta. Noting the lack of
mention of measures taken by Maltese authorities to combat human trafficking, Azerbaijan
requested additional information on this and on measures to prevent child labour. Citing the
concern expressed by the Committee of the Rights of the Child regarding the low age of criminal
responsibility – nine years – of children, it recommended (a) considering raising it and (b)
paying more attention to solving the issue of under-representation of women, which subsists in
many fields of society, including decision-making.
49.
The Netherlands, noting the large number of migrant arrivals in Malta, said international
cooperation was required. Welcoming Malta’s cooperativeness with the Special Rapporteur on
the human rights of migrants, it expressed concern about the increasingly restrictive reception
and legal procedures for migrants. It recommended (a) strengthening efforts to make the Maltese
legal system for asylum-seekers effectively accessible, preventing delays and administrative
obstacles and guaranteeing to asylum seekers the necessary procedural safeguards in detention
according to international standards. While welcoming efforts to combat discrimination,
including on sexual orientation grounds, it noted reports of continued discrimination in this
regard, as well as NGO reports on the denial of legal recognition of same-sex partnerships. The
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