Human rights in Malta

Characterised by the influence of British rule in Malta, the origins and development of Maltese human rights can be strongly traced back to the governmental practices in the United Kingdom. On 15 June 1802, 104 representatives from the Maltese towns and villages signed a declaration which affirmed a monarchical power and a fundamental set of rights:[1]

• Free men have a right to choose their own religion.
• That no man whatsoever has any personal authority over the life, property or liberty of another.
• Power resides only in the law, and restraint, or punishment, can only be exercised in obedience to law.

Following World War I, Malta was stricken by an inability to provide basic food supplies and for a majority of the islands, increasing the cost of living after the war. However, some divisions of the society (grain importers, merchants)[2] prospered economically, spurring and social discontent towards the state. Dr Filippo Sceberras of the Malta National Assembly worked to defend the nation and bring about social and political changes.  He had called for a meeting of the National Assembly on 7 June 1919.[3] During the conduction of the National Assembly, a demonstrator crowd rioted with resent towards the current British command. This resulted in the loss of four Maltese citizens at the hand of British Soldiers, now honoured as a national holiday, Sette Giugno. In the aftermath of this complication, constitutional progress was expedited and on 20 November 1919, the Maltese were assured to be granted their own parliament, allowing for the domestic settlement of internal affairs. A new constitution was subsequently granted on 30 April 1921.[3] Elections were held and in November, the first Maltese Parliament was congregated.[4]

The 1941 Constitution[5] had at its source the European Convention on Human Rights, made effective in 1953.[6] It asserted the entitlement of each person in Malta to fundamental rights and freedoms of an individual. Malta acquired independence from the British Empire in September 1964. The 1964 Constitution contained an extensive and judicially enforceable bill of rights e.g the right to life and security of the person, privacy of the home and other property.[5] In 2004, Malta joined the European Union.

The source of rights is primarily founded within the Constitution of Malta. Chapter II (Declaration of Principles) iterates a list of sixteen (Articles 7 - 21) explicit rights that provide the foundation the rights enforced by the nation, as article 21 (Application of the principles) states:

"The provisions of this Chapter shall not be enforceable in any court, ... and it shall be the aim of the State to apply these principles in making laws." [5]

However, the protection of human rights is enforced by the Constitution of Malta in Chapter IV (Fundamental Rights and Freedoms of the Individual; Articles 32 - 45) Primarily, these rights strive to achieve three basic principles as outlined in the constitution:

"(a) life, liberty, security of the person, the enjoyment of property and the protection of the law;

(b) freedom of conscience, of expression and of peaceful assembly and association; and

(c) respect for his private and family life" (Article 32).[5]

In addition to the Constitution, The Statute Law Revision Act, 1980[7] and the Laws of Malta[8] contribute to the judicial enforcement and regulation of rights within the nation. The constituents of Maltese law include over 600 chapters that concern the conduct of individuals, their rights, and their respective treatment of other individuals.

A basic outline of national rights is outlined in Chapter II (Declaration of Principles) of the Maltese Constitution:

7. Right to Work.

8. Promotion of culture, etc.

9. Safeguarding of landscape and historical and artistic patrimony.

10. Compulsory and free primary education.

11. Educational interests.

12. Protection of work.

13. Hours of work.

• 48 hours is the legal maximum hours of work. (Following 40 hours, the eight additional hours have to be paid for in overtime compensation)[9]
• While working in Malta, you are legally entitled to 25 days of annual leave. Workers are also entitled to days off on public holidays that do not fall on a Saturday or Sunday.[9]

14. Equal rights of men and women.

15. Minimum age for paid labour.

• The minimum age for employment is 16 years[10]

16. Safeguarding labour of minors.

17. Social assistance and insurance.

18. Encouragement of private economic enterprise.

19. Protection of artisan trades.

20. Encouragement of co-operatives.

20A. Participation of Maltese citizens living abroad.

21. Application of the principles.

The Constitution provides that limitations should aim to ensure that the enjoyment of rights and freedoms of any individual does not prejudice the rights and freedoms of others or the public interest. The law criminalises speech that promotes hatred on grounds of gender, gender identity, sexual orientation, race, colour, language, ethnic origin, religion or belief, or political or other opinions. Incitement to religious hatred is punishable by a prison term of six to 18 months.[11]

In principle every fundamental right and freedom applies equally to all people, however, Malta has experienced events and have reported scenarios which represent a level of inequity between groups and minorities.

Asylum seekers and refugees

The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. Malta is a signatory to

Maltese refugee camp

the 1951 Refugee Convention relating to the Status of Refugees and its 1967 Protocol since 1971.[12]

Once an asylum seeker has filed an application he/she has the following rights:[12]

• The right to remain in Malta pending the examination of the case.
• The right to receive information about the asylum procedure.
• The right to receive the services of an interpreter.
• The right to communicate with UNHCR.
• The right to seek legal assistance.
• The right to confidentiality.

Between January 2018 and September 2018, 100 persons were granted refugee status. From January 2018 to August 2018, the country granted subsidiary protection to 334 persons[11]