A/HRC/12/7 Page 8 circumstances of incapacity to resist due to physical or mental infirmity, or for any other cause independent of the will of the victim, such as sleep, intoxication, hypnotic state, as well as fraudulent devices used by the offender. 40. On questions regarding plans to monitor and combat racism and xenophobia, the delegation cited provisions in the Criminal Code that provide for offences of incitement to racial hatred and make it an aggravating circumstance if specific offences are motivated by racial hatred or if racial hostility is shown at the time of commission. 41. Responding to questions regarding the right to legal assistance during an interrogation, the delegation stated that an amendment to the Criminal Code in this regard has been made and is expected to enter into force within the coming months. The delegation also highlighted steps taken as part of a holistic programme to improve the judicial process by increasing efficiency while ensuring quality and safeguards. 42. On challenges in meeting treaty body reporting obligations, Malta said reporting commitments could be onerous on small administrations and the hectic process of Malta’s accession to the EU caused it to fall behind. Given possible improvements in streamlining of reporting obligations under the various treaties, these challenges may progressively be overcome. B. Interactive dialogue and responses by the State under review 43. During the interactive dialogue, statements were made by 31 delegations. A number of delegations congratulated Malta on its comprehensive national report and detailed presentation, demonstrating its commitment to the UPR process. Some also thanked Malta for its responses to advance questions, while many noted that Malta is party to a large number of international human rights treaties. 44. Brazil recommended that Malta (a) accede to the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICRMW) and (b) strengthen efforts to submit all overdue reports to United Nations human rights treaty bodies. Concerned over the treatment of asylum-seekers and migrants, particularly vulnerable persons, such as children, pregnant women and elderly persons, and that detention periods may exceed twelve months, Brazil recommended (c) exploring alternative policies concerning asylumseekers and considering working with UNHCR to train its professionals working with asylumseekers. Concerning Malta’s policy on “illegal migration”, Brazil asked how considerations of national security are applied so as not to override the right to non-refoulement. While noting various legislative provisions for a refugee status determination procedure, Brazil recommended that Malta (d) consider updating its domestic law to suppress the term “prohibit immigrants” and avoid its legal consequences, particularly administrative detention, for all undocumented asylumseekers. Brazil encouraged Malta to (e) progressively accomplish the human rights goals set forth in Human Rights Council resolution 9/12. 45. Finland welcomed improvements in Maltese legislation and other mechanisms concerning equality between men and women, such as the appointment of a national commission and Women Act and the Domestic Violence Act. However it called for improvement in the area of women’s reproductive health and rights. Noting that Malta lacks a national sexual education policy and that this is crucial for realization of human rights, Finland recommended (a) formulating a national policy on sexual education and sought information in this regard. It also encouraged Malta to ensure that gender equality is realized at all levels of public life, especially