A/HRC/12/7 Page 7 30. Of those who qualify for protection, the overwhelming majority do not fulfil the criteria for refugee status, but are granted subsidiary protection, as asylum seekers from regions characterized by civil conflict cannot be returned without exposing them to serious risk. 31. Malta consistently called upon the European Union and the international community to provide assistance in addressing this phenomenon, faced in disproportionate measure by Malta due to its geographical position. Malta cannot continue to deal with these circumstances alone, as acknowledged in various regional and international reports. Malta thanked the Office of the United Nations High Commissioner for Refugees (UNHCR) in supporting its request for relocation of refugees. 32. Malta has never refused help to persons at sea in need of assistance irrespective of their intention to claim asylum. Investment has been made to further improve the response to search and rescue incidents. Malta has on occasion overstepped its own responsibilities to coordinate search and rescue outside its own region, where the country responsible did not fulfil its own international obligations. 33. Regarding measures to combat discrimination, the delegation said all necessary legislation is in place but emphasis is being placed on changing de facto discrimination through awareness and training for various public, private and voluntary groups and organisations. 34. Marriage can only be contracted by people of opposite sex and there are no plans to change this. But discrimination based on sex and sexual orientation is illegal and individuals are protected against such discrimination by the institutions set up by the state. 35. The National Commission for the Promotion of Equality holds training on issues such as equality, gender sensitivity, racism and xenophobia, anti-discrimination and diversity. It also has monitoring responsibilities and has carried out a specific audit on legislation. 36. Although stereotypes are still prevalent in Malta, the delegation said there has been a forward movement in several sectors of Maltese society, including universities and workplaces, to overturn such typecasts. Special emphasis is made on the reconciliation of work and private life as being crucial to ensuring equality of opportunity to both genders. Various public policies regarding family friendly measures were transposed to national legislation, it said, including parental leave, urgent family leave and telework. Paternity leave, bereavement leave and marriage leave are also covered, but differ depending on the sectors. 37. Malta has one of the lowest gender pay gaps among European Union member States. But Malta acknowledged the under-representation of women within the legal, senior official and management occupational groups. Measures are being taken by the Government aimed at achieving a 60-40 gender representation in all boards and committees whenever possible. 38. On reproductive rights, the delegation stated that the right to life is an inherent right of every human being and Malta believes this includes the unborn child, from its conception. Abortion is a direct contradiction to the right to life. According to the International Conference on Population and Development, in no case should abortion be promoted as a method of family planning. Malta agreed that action towards the fulfilment of sexual and reproductive rights should focus on the positive aspects of education, social welfare and health care. 39. The delegation clarified that the Maltese Criminal Code has not limited the elements of rape to physical or moral violence but has extended the scope of the offence to include

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