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MW 9 March 2016

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maltatoday, WEDNESDAY, 9 MARCH 2016 7 News MARTINA BORG A framework of changes to the Domestic Violence Act and the laws against gender-based vio- lence was presented yesterday, in a move that aims to offer fur- ther legal protection of victims' rights. Presenting the document were the Permanent Secretary at the Ministry for Social Dialogue, Consumer Affairs and Civil Liberties, Joseph Camilleri, and the director of the Human Rights and Integration Directo- rate, Silvan Agius. The Minister for Civil Liber- ties, Helena Dalli, explained via video link that while Malta was one of the first to ratif y the Is- tanbul Convention on domestic violence in 2014, this was only the first step. The next was to transpose the Convention's aims into Maltese law. She explained that although International Women's Day, which was celebrated yesterday, was dedicated to financial se- curity and independence, it was not enough and the government was dedicated to providing an ever safer society for citizens, regardless of their gender. Camilleri said that the signing of the Istanbul convention had resulted in a number of cam- paigns and measures aimed at reducing domestic violence and helping victims of abuse. "Domestic violence includes both sexual and psychological aspects, and it is not just women who can be victims, but it is still a very gender-based crime," he said. He added that the ministry sought to include changes in criminal and civil cases to safe- guard victims against the crime. The proposals seek to broad- en the definition to include financial, sexual, psychologi- cal and economic abuse as well as broaden the understanding of offenders to include former married partners. Amendments to the criminal code will include protection against sexual exploitation and stalking, making punishments harsher in cases where laws al- ready exist. The amendments also allow for access to statis- tics on domestic violence to be collected from the courts and police. Another suggested amend- ment would also entail that those guilty of violence would be sent out of the marital home rather than the victim of vio- lence having to seek shelter elsewhere, regardless of finan- cial income. "The police should have the power to send offenders out of their homes even before the court takes its decision, if clear evidence is available," he added. Agius said that the amend- ments would also include focus on rape and on broadening the legal definitions of rape, stressing that any act without consent consti- tutes rape. Further safeguards against stalking would also be targeted in amendments. Among other changes, Agius highlighted that if the police had any clear report and evidence of physical violence, victims would no longer be expected to pursue the case on their own, but that police would be able to take le- gal action regardless of whether or not victims are willing to pursue legal action. "This change would guaran- tee that action is taken before it is too late and that the police would be able to take action even if the victim feels intimi- dated," he added. Agius further explained that another proposal would make m e d i a t i o n ahead of hear- ings for proven cases of domestic violence unnecessary. "Currently, mediation ahead of hearings is obligatory for sepa- ration and divorce cases, but in cases of domestic violence, this often increases the trauma and stress on the victims," he added. Agius also explained that amendments would also factor in cultural and religious rea- sons for violence, making such reasons unacceptable. The proposals presented were the result of committee discus- sions between the ministry of civil liberties and the ministry of social solidarity. A draft is expected to be opened to public consultation by summer, with the hope that they could be pre- sented to parliament for discus- sion after the summer recess. Proposals presented to strengthen domestic violence laws MEPA approves six floors in Sliema corner site JAMES DEBONO THE Malta Environment and Planning Authority has approved a 13-apartment block set on six floors on a corner site between Windsor Street and Triq Arturo Mercieca in Sliema, in an area where only five floors are allowed, according to the approved local plan. The corner site clearly falls within an area where only three floors and two receded floors are allowed and MEPA justified its decision by stating that the height limitation within urban conser- vation areas has been superseded by the SPED policies. These, it said, call for a more "contextual approach," to planning in urban conservation areas, which gives the authority a more discretionary role in setting building heights. The existing buildings that are to be replaced by the new block, consist of two well-preserved townhouses dating to the 1890s. Permission had already been is- sued in 2011 to allow the internal demolition of the townhouses and the construction of a five-storey apartment block and underlying garages. The present application also retains the facades of the building and an internal hall. According to the case officer re- port, while one of the town hous- es fronting Triq Windsor was eligible for a building height of six floors, the one set on the corner between the Triq Windsor and Triq Arturo Mercieca was not. But to avoid creating a blank party wall, the entire stretch should be developed to a height of six floors. Both the Sliema local council and Din l-Art Helwa had objected to the application, which was pre- sented by Malcolm Dato Mallia, owner of MDM Investments Ltd. YOUR FIRST CLICK OF THE DAY www.maltatoday.com.mt The townhouses which are to be replaced by a block of 13 apartments on six floors Silvan Agius

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