Malta

Constitution of the Republic of Malta, adopted and enacted 1964 (Malta).
Download full text: English
Year of adoption: 1964
Year of entry into force: 1964
Region:
Notice: Undefined variable: post in /home/dh_oneill_sftp/globalhealthrights.org/wp-content/themes/globalhealthrights/functions/jcatlinks.php on line 150

Notice: Trying to get property 'ID' of non-object in /home/dh_oneill_sftp/globalhealthrights.org/wp-content/themes/globalhealthrights/functions/jcatlinks.php on line 150

Human rights:
Notice: Undefined variable: post in /home/dh_oneill_sftp/globalhealthrights.org/wp-content/themes/globalhealthrights/functions/jcatlinks.php on line 167

Notice: Trying to get property 'ID' of non-object in /home/dh_oneill_sftp/globalhealthrights.org/wp-content/themes/globalhealthrights/functions/jcatlinks.php on line 167
, , , , ,

Excerpts

32. Whereas every person in Malta is entitled to the fundamental rights and freedoms of the individual, that is to say,
the right, whatever his race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the
following, namely –
(a) life, liberty, security of the person, the enjoyment of property and the protection of the law;
(c) respect for his private and family life

33. (1) No person shall intentionally be deprived of his life save in execution of the sentence of a court in respect of a criminal offence under the law of Malta of which he has been convicted.

34. (1) No person shall be deprived of his personal liberty

36. (1) No person shall be subjected to inhuman or degrading punishment or treatment.

45. (1) Subject to the provisions of sub-articles (4), (5) and (7) of this article, no law shall make any provision that is
discriminatory either of itself or in its effect.
(2) Subject to the provisions of sub-articles (6), (7) and (8) of this article, no person shall be treated in a discriminatory manner by any person acting by virtue of any written law or in the performance of the functions of any public office or any public authority.
(3) In this article, the expression “discriminatory” means affording different treatment to different persons attributable
wholly or mainly to their respective descriptions by race, place of origin, political opinions, colour, creed or sex whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages which are not accorded to persons of another such description.
(4) Sub-article (1) of this article shall not apply to any law so far as that law makes provision –
(a) for the appropriation of public revenues or other public funds; or
(b) with respect to persons who are not citizens of Malta; or
(c) with respect to adoption, marriage, dissolution of marriage, burial, devolution of property on death or
any matters of personal law not hereinbefore specified; or
(d) whereby persons of any such description as is mentioned in sub-article (3) of this article may be subjected to any disability or restriction or may be accorded any privilege or advantage which, having regard to its nature and to special circumstances pertaining to those persons or to persons of any other such description and to any other provision of this
Constitution, is reasonably justifiable in a democratic society; or
(e) for authorising the taking during a period of public emergency of measures that are reasonably justifiable for the purpose of dealing with the situation that exists during that period of public emergency;
Provided that paragraph (c) of this sub-article shall not apply to any law which makes any provision that is discriminatory, either of itself or in its effect by affording different treatment to different persons attributable wholly or mainly to their respective description by sex.
(5) Nothing contained in any law shall be held to be inconsistent with or in contravention of sub-article (1) of this article to the extent that it makes provision:
(a) with respect to qualifications for service or conditions of service in any disciplined force; or
(b) with respect to qualifications (not being qualifications specifically relating to sex) for service as a public officer or for service of a local government authority or a body corporate established for public purposes by any law.

 

PDF / Print