The Gender-Based Violence and Domestic Violence Act, officially known as Chapter 581 of the Laws of Malta, underwent significant revisions in 2024 through Acts XXII and XXIII. These amendments were designed to improve the legal framework that addresses domestic and gender-based violence by expanding its application and providing victims with more protection.
In order to strengthen the implementation of Chapter 581, Act XXII included a new regulatory body and refined definitions. The MARAM Board was given a revised description, designating it as the entity responsible for monitoring and carrying out policies pertaining to domestic and gender-based violence. The Multi-Agency Risk Assessment Meeting Board, or MARAM Board, meets to discuss high-risk domestic abuse cases. To provide a clear separation of roles, the definition of “Minister” was also revised to include a proviso stating that the Minister in charge of the MARAM Board is also accountable for the Foundation for Social Welfare Services. Furthermore, in order to ensure the MARAM Board’s successful integration into the Act’s regulatory framework, Article 20 was amended to include a new subsection (2) that gives the Minister for the Foundation for Social Welfare Services the right to create regulations expressly affecting the MARAM Board.
Act XXIII of 2024 introduced a number of significant changes to the definitions in order to bring them up to date and broaden the scope of relationships and situations in which domestic abuse can transpire. “Intimate relationships” were included to the definition of “domestic violence” in addition to “domestic units,” guaranteeing that violence in relationships that do not involve cohabitation is also acknowledged. The terminology was updated to consistently refer to “family and, or intimate relationship” instead of “domestic unit.”
In addition, “family or an intimate relationship” is now used in place of the term “family or domestic unit,” suggesting a a broader and more inclusive scope. Certain house-hold related inclusions, such as “persons living in the same household as the offender or who had lived with the offender within a period of three years preceding the offence,” were removed from the definition. Simplifying the concept allowed for a broader meaning that now includes relationships recognised by the Cohabitation Act. The definition has been streamlined to make it more concise and potentially broader in order to guarantee that the Act fully covers the various forms of personal and familial relationships.
In conclusion, the 2024 amendments to the Gender-Based Violence and Domestic Violence Act, are a notable advancement in strengthening legal safeguards against gender-based and domestic abuse. These modifications guarantee a more inclusive and functional framework, reflecting the changing knowledge of relationships and the circumstances in which violence can occur, by enlarging definitions and instituting new regulatory mechanisms. These changes signify Malta’s dedication to guard everyone from gender-based and domestic abuse while maintaining a strong legal system that is attentive to victims’ concerns.
Martha Aquilina
Legal Intern
Mifsud & Mifsud Advocates
For more information you can contact one of our Team Members at Mifsud & Mifsud Advocates.
