CHAPTER IV
Fundamental Rights and Freedoms of the Individual
Fundamental rights
and freedoms of
the individual.
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;
(b) freedom of conscience, of
expression and of peaceful
assembly and association; and
(c) respect for his private
and family life,
the subsequent provisions of this
Chapter shall have effect for the
purpose of affording protection to
the aforesaid rights and
freedoms, subject to such limitations
of that protection as are
contained in those provisions being
limitations designed to ensure
that the enjoyment of the said rights
and freedoms by any
individual does not prejudice the
rights and freedoms of others or
the public interest.
CONSTITUTION OF MALTA
11
Protection of right
to 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.
(2) Without prejudice to any
liability for a contravention of any
other law with respect to the use of
force in such cases as are
hereinafter mentioned, a person shall
not be regarded as having
been deprived of his life in
contravention of this article if he dies as
the result of the use of force to
such extent as is reasonably
justifiable in the circumstances of
the case -
(a) for the defence of any
person from violence or for the
defence of property;
(b) in order to effect a
lawful arrest or to prevent the
escape of a person lawfully detained;
(c) for the purpose of
suppressing a riot, insurrection or
mutiny; or
(d) in order to prevent the
commission by that person of a
criminal offence,
or if he dies as the result of a
lawful act of war.
Protection from
arbitrary arrest or
detention.
34.
(1) No person shall be deprived of
his personal liberty
save as may be authorised by law in
the following cases, that is to
say -
(a) in consequence of his
unfitness to plead to a criminal
charge;
(b) in execution of the
sentence or order of a court,
whether in Malta or elsewhere, in
respect of a criminal
offence of which he has been
convicted;
(c) in execution of the order
of a court punishing him for
contempt of that court or of another
court or tribunal
or in execution of the order of the
House of
Representatives punishing him for
contempt of itself
or of its members or for breach of
privilege;
(d) in execution of the order
of a court made to secure the
fulfilment of any obligation imposed
on him by law;
(e) for the purpose of
bringing him before a court in
execution of the order of a court or
before the House of
Representatives in execution of the
order of that
House;
(f) upon reasonable suspicion
of his having committed, or
being about to commit, a criminal
offence;
(g) in the case of a person
who has not attained the age of
eighteen years, for the purpose of is
education or
welfare;
(h) for the purpose of
preventing the spread of an
infectious or contagious disease;
(i) in the case of a person
who is, or is reasonably
suspected to be, of unsound mind,
addicted to drugs or
alcohol, or a vagrant, for the
purpose of his care or
treatment or the protection of the
community; or
12 CONSTITUTION OF MALTA
(j) for the purpose of
preventing the unlawful entry of that
person into Malta, or for the purpose
of effecting the
expulsion, extradition or other
lawful removal of that
person from Malta or the taking of
proceedings
relating thereto or for the purpose
of restraining that
person while he is being conveyed
through Malta in
the course of his extradition or
removal as a convicted
prisoner from one country to another.
(2) Any person who is arrested or
detained shall be informed at
the time of his arrest or detention,
in a language that he
understands, of the reasons for his
arrest or detention:
Provided that if an interpreter is
necessary and is not readily
available or if it is otherwise
impracticable to comply with the
provisions of this sub-article at the
time of the person’s arrest or
detention, such provisions shall be
complied with as soon as
practicable.
(3) Any person who is arrested or
detained -
(a) for the purpose of
bringing him before a court in
execution of the order of a court; or
(b) upon reasonable suspicion
of his having committed, or
being about to commit, a criminal
offence,
and who is not released, shall be
brought not later than forty-eight
hours before a court; and if any
person arrested or detained in such
a case as is mentioned in paragraph (b)
of this sub-article is not
tried within a reasonable time, then,
without prejudice to any
further proceedings which may be
brought against him, he shall be
released either unconditionally or
upon reasonable conditions,
including in particular such
conditions as are reasonably necessary
to ensure that he appears at a later
date for trial or for proceedings
preliminary to trial.
(4) Any person who is unlawfully
arrested or detained by any
other person shall be entitled to
compensation therefor from that
person.
(5) Nothing contained in or done
under the authority of any law
shall be held to be inconsistent with
or in contravention of this
article to the extent that the law in
question authorises the taking
during such a period of public
emergency as is referred to in
paragraph (a) or (c )
of sub-article (2) of article 47 of this
Constitution of measures that are
reasonably justifiable for the
purpose of dealing with the situation
that exists during that period
of public emergency.
(6) If any person who is lawfully
detained by virtue only of
such a law as is referred to in the
last foregoing sub-article so
requests at any time during the
period of that detention not earlier
than six months after he last made
such a request during that
period, his case shall be reviewed by
an independent and impartial
tribunal established by law and
composed of a person or persons
each of whom holds or has held
judicial office or is qualified to be
appointed to such office in Malta.
CONSTITUTION OF MALTA
13
(7) On any review by a tribunal in
pursuance of the last
foregoing sub-article of the case of
any detained person, the
tribunal may make recommendations
concerning the necessity or
expediency of continuing his
detention to the authority by whom it
was ordered, but, unless it is
otherwise provided by law, that
authority shall not be obliged to act
in accordance with any such
recommendations.
Protection from
forced labour.
35.
(1) No person shall be required to
perform forced labour.
(2) For the purposes of this article,
the expression "forced
labour" does not include -
(a) any labour required in
consequence of the sentence or
order of a court;
(b) labour required of any
person while he is lawfully
detained by sentence or order of a
court that, though
not required in consequence of such
sentence or order,
is reasonably necessary in the
interests of hygiene or
for the maintenance of the place at
which he is
detained or, if he is detained for
the purpose of his
care, treatment, education or
welfare, is reasonably
required for that purpose;
(c) any labour required of a
member of a disciplined force
in pursuance of his duties as such
or, in the case of a
person who has conscientious
objections to service as
a member of a naval, military or air
force, any labour
that that person is required by law
to perform in place
of such service;
(d) any labour required during
a period of public
emergency or in the event of any
other emergency or
calamity that threatens the life or
well-being of the
community.
Protection from
inhuman treatment.
36.
(1) No person shall be subjected to
inhuman or degrading
punishment or treatment.
(2) Nothing contained in or done
under the authority of any law
shall be held to be inconsistent with
or in contravention of this
article to the extent that the law in
question authorises the infliction
of any description of punishment
which was lawful in Malta
immediately before the appointed day.
(3) (a) No law shall provide
for the imposition of collective
punishments.
(b) Nothing in this
sub-article shall preclude the imposition of
collective punishments upon the
members of a disciplined force in
accordance with the law regulating
the discipline of that force.
Protection from
deprivation of
property without
compensation.
Amended by:
LVIII.1974.11.
37.
(1) No property of any description
shall be compulsorily
taken possession of, and no interest
in or right over property of any
description shall be compulsorily
acquired, except where provision
is made by a law applicable to that
taking of possession or
acquisition -
14 CONSTITUTION OF MALTA
(a) for the payment of
adequate compensation;
(b) securing to any person
claiming such compensation a
right of access to an independent and
impartial court or
tribunal established by law for the
purpose of
determining his interest in or right
over the property
and the amount of any compensation to
which he may
be entitled, and for the purpose of
obtaining payment
of that compensation; and
(c) securing to any party to
proceedings in that court or
tribunal relating to such a claim a
right of appeal from
its determination to the Court of
Appeal in Malta:
Provided that in special cases
Parliament may, if it deems it
appropriate so to act in the national
interest, by law establish the
criteria which are to be followed,
including the factors and other
circumstances to be taken into
account, in the determination of the
compensation payable in respect of
property compulsorily taken
possession of or acquired; and in any
such case the compensation
shall be determined and shall be
payable accordingly.
(2) Nothing in this article shall be
construed as affecting the
making or operation of any law so far
as it provides for the taking
of possession or acquisition of
property -
(a) in satisfaction of any
tax, rate or due;
(b) by way of penalty for, or
as a consequence of, breach
of the law, whether under civil
process or after
conviction of a criminal offence;
(c) upon the attempted removal
of the property out of or
into Malta in contravention of any
law;
(d) by way of the taking of a
sample for the purposes of
any law;
(e) where the property
consists of an animal upon its
being found trespassing or straying;
(f) as an incident of a lease,
tenancy, licence, privilege or
hypothec, mortgage, charge, bill of
sale, pledge or
other contract;
(g) by way of the vesting or
administration of property on
behalf and for the benefit of the
person entitled to the
beneficial interest therein, trust
property, enemy
property or the property of persons
adjudged bankrupt
or otherwise declared bankrupt or
insolvent, persons of
unsound mind, deceased persons, or
bodies corporate
or unincorporate in the course of
being wound up or
liquidated;
(h) in the execution of
judgments or orders of courts;
(i) by reason of its being in
a dangerous state or injurious
to the health of human beings,
animals or plants;
(j) in consequence of any law
with respect to the
limitation of actions, acquisitive
prescription, derelict
land, treasure trove, mortmain or the
rights of
CONSTITUTION OF MALTA
15
succession competent to the
Government of Malta; or
(k) for so long only as may be
necessary for the purposes
of any examination, investigation,
trial or inquiry or,
in the case of land, the carrying out
thereon -
(i) of work of soil conservation or
the conservation
of other natural resources of any
description or
of war damage reconstruction; or
(ii) of agricultural development or
improvement
which the owner or occupier of the
land has been
required and has without reasonable
and lawful
excuse refused or failed to carry
out.
(3) Nothing in this article shall be
construed as affecting the
making or operation of any law so far
as it provides for vesting in
the Government of Malta the ownership
of any underground
minerals, water or antiquities.
(4) Nothing in this article shall be
construed as affecting the
making or operation of any law for
the compulsory taking of
possession in the public interest of
any property, or the compulsory
acquisition in the public interest of
any interest in or right over
property, where that property,
interest or right is held by a body
corporate which is established for
public purposes by any law and
in which no monies have been invested
other than monies provided
by any legislature in Malta.
Protection for
privacy of home or
other property.
38.
(1) Except with his own consent or by
way of parental
discipline, no person shall be
subjected to the search of his person
or his property or the entry by
others on his premises.
(2) Nothing contained in or done
under the authority of any law
shall be held to be inconsistent with
or in contravention of this
article to the extent that the law in
question makes provision -
(a) that is reasonably
required in the interest of defence,
public safety, public order, public
morality or decency,
public health, town and country
planning, the
development and utilisation of
mineral resources, or
the development and utilisation of
any property in
such a manner as to promote the
public benefit;
(b) that is reasonably
required for the purpose of
promoting the rights or freedoms of
other persons;
(c) that authorises a
department of the Government of
Malta, or a local government
authority, or a body
corporate established by law for a
public purpose, to
enter on the premises of any person
in order to inspect
those premises or anything thereon
for the purpose of
any tax, rate or due or in order to
carry out work
connected with any property or
installation which is
lawfully on those premises and which
belongs to that
Government, that authority, or that
body corporate, as
the case may be; or
(d) that authorises, for the
purpose of enforcing a
judgment or order of a court, the
search of any person
or property by order of a court or
entry upon any
16 CONSTITUTION OF MALTA
premises by such order, or that is
necessary for the
purpose of preventing or detecting
criminal offences,
and except so far as that provision
or, as the case may be, the thing
done under the authority thereof is
shown not to be reasonably
justifiable in a democratic society.
Provisions to
secure protection
of law.
39.
(1) Whenever any person is charged
with a criminal
offence he shall, unless the charge
is withdrawn, be afforded a fair
hearing within a reasonable time by
an independent and impartial
court established by law.
(2) Any court or other adjudicating
authority prescribed by law
for the determination of the
existence or the extent of civil rights or
obligations shall be independent and
impartial; and where
proceedings for such a determination
are instituted by any person
before such a court or other
adjudicating authority, the case shall be
given a fair hearing within a
reasonable time.
(3) Except with the agreement of all
the parties thereto, all
proceedings of every court and
proceedings relating to the
determination of the existence or the
extent of a person’s civil
rights or obligations before any
other adjudicating authority,
including the announcement of the
decision of the court or other
authority, shall be held in public.
(4) Nothing in sub-article (3) of
this article shall prevent any
court or any authority such as is
mentioned in that sub-article from
excluding from the proceedings
persons other than the parties
thereto and their legal
representatives -
(a) in proceedings before a
court of voluntary jurisdiction
and other proceedings which, in the
practice of the
Courts in Malta are, or are of the
same nature as those
which are, disposed of in chambers;
(b) in proceedings under any
law relating to income tax;
or
(c) to such extent as the
court or other authority -
(i) may consider necessary or
expedient in
circumstances where publicity would
prejudice
the interests of justice; or
(ii) may be empowered or required by
law to do so
in the interests of defence, public
safety, public
order, public morality or decency,
the welfare of
persons under the age of eighteen
years or the
protection of the private lives of
persons
concerned in the proceedings.
(5) Every person who is charged with
a criminal offence shall
be presumed to be innocent until he
is proved or has pleaded guilty:
Provided that nothing contained in or
done under the
authority of any law shall be held to
be inconsistent with or in
contravention of this sub-article to
the extent that the law in
question imposes upon any person
charged as aforesaid the burden
of proving particular facts.
CONSTITUTION OF MALTA
17
(6) Every person who is charged with
a criminal offence -
(a) shall be informed in
writing, in a language which he
understands and in detail, of the
nature of the offence
charged;
(b) shall be given adequate
time and facilities for the
preparation of his defence;
(c) shall be permitted to
defend himself in person or by a
legal representative and a person who
cannot afford to
pay for such legal representation as
is reasonably
required by the circumstances of his
case shall be
entitled to have such representation
at the public
expense;
(d) shall be afforded
facilities to examine in person or by
his legal representative the
witnesses called by the
prosecution before any court and to
obtain the
attendance of witnesses subject to
the payment of their
reasonable expenses, and carry out
the examination of
witnesses to testify on his behalf
before the court on
the same conditions as those applying
to witnesses
called by the prosecution; and
(e) shall be permitted to have
without payment the
assistance of an interpreter if he
cannot understand the
language used at the trial of the
charge,
and except with his own consent the
trial shall not take place in his
absence unless he so conducts himself
as to render the continuance
of the proceedings in his presence
impracticable and the court has
ordered him to be removed and the
trial to proceed in his absence.
(7) When a person is tried for any
criminal offence, the accused
person or any person authorised by
him in that behalf shall, if he so
requires and subject to payment of
such reasonable fee as may be
prescribed by law, be given within a
reasonable time after judgment
a copy for the use of the accused
person of any record of the
proceedings made by or on behalf of
the court.
(8) No person shall be held to be
guilty of a criminal offence on
account of any act or omission that
did not, at the time it took
place, constitute such an offence,
and no penalty shall be imposed
for any criminal offence which is
severer in degree or description
than the maximum penalty which might
have been imposed for that
offence at the time when it was
committed.
(9) No person who shows that he has
been tried by any
competent court for a criminal
offence and either convicted or
acquitted shall again be tried for
that offence or for any other
criminal offence of which he could
have been convicted at the trial
for that offence save upon the order
of a superior court made in the
course of appeal or review
proceedings relating to the conviction or
acquittal; and no person shall be
tried for a criminal offence if he
shows that he has been pardoned for
that offence:
Provided that nothing in any law
shall be held to be
inconsistent with or in contravention
of this sub-article by reason
18 CONSTITUTION OF MALTA
only that it authorises any court to
try a member of a disciplined
force for a criminal offence
notwithstanding any trial and
conviction or acquittal of that
member under the disciplinary law of
that force, so however that any court
so trying such a member and
convicting him shall in sentencing
him to any punishment take into
account any punishment awarded him
under that disciplinary law.
(10) No person who is tried for a
criminal offence shall be
compelled to give evidence at his
trial.
(11) In this article "legal
representative" means a person
entitled to practise in Malta as an
advocate or, except in relation to
proceedings before a court where a
legal procurator has no right of
audience, a legal procurator.
Protection of
freedom of
conscience and
worship.
Amended by:
LVIII. 1974.12.
40.
(1) All persons in Malta shall have
full freedom of
conscience and enjoy the free
exercise of their respective mode of
religious worship.
(2) No person shall be required to
receive instruction in
religion or to show knowledge or
proficiency in religion if, in the
case of a person who has not attained
the age of sixteen years,
objection to such requirement is made
by the person who according
to law has authority over him and, in
any other case, if the person
so required objects thereto:
Provided that no such requirement
shall be held to be
inconsistent with or in contravention
of this article to the extent
that the knowledge of, or the
proficiency or instruction in, religion
is required for the teaching of such
religion, or for admission to the
priesthood or to a religious order,
or for other religious purposes,
and except so far as that requirement
is shown not to be reasonably
justifiable in a democratic society.
(3) Nothing contained in or done
under the authority of any law
shall be held to be inconsistent with
or in contravention of subarticle
(1), to the extent that the law in
question makes provision
that is reasonably required in the
interests of public safety, public
order, public morality or decency,
public health, or the protection
of the rights and freedoms of others,
and except so far as that
provision or, as the case may be, the
thing done under the authority
thereof, is shown not to be
reasonably justifiable in a democratic
society.
Protection of
freedom of
expression.
41.
(1) Except with his own consent or by
way of parental
discipline, no person shall be
hindered in the enjoyment of his
freedom of expression, including
freedom to hold opinions without
interference, freedom to receive
ideas and information without
interference, freedom to communicate
ideas and information
without interference (whether the
communication be to the public
generally or to any person or class
of persons) and freedom from
interference with his correspondence.
(2) Nothing contained in or done
under the authority of any law
shall be held to be inconsistent with
or in contravention of subarticle
(1) of this article to the extent
that the law in question makes
provision -
CONSTITUTION OF MALTA
19
(a) that is reasonably
required -
(i) in the interests of defence,
public safety, public
order, public morality or decency, or
public
health; or
(ii) for the purpose of protecting
the reputations,
rights and freedoms of other persons,
or the
private lives of persons concerned in
legal
proceedings, preventing the
disclosure of
information received in confidence,
maintaining
the authority and independence of the
courts,
protecting the privileges of
Parliament, or
regulating telephony, telegraphy,
posts, wireless
broadcasting, television or other
means of
communication, public exhibitions or
public
entertainments; or
(b) that imposes restrictions
upon public officers,
and except so far as that provision
or, as the case may be, the thing
done under the authority thereof is
shown not to be reasonably
justifiable in a democratic society.
(3) Anyone who is resident in Malta
may edit or print a
newspaper or journal published daily
or periodically:
Provided that provision may be made
by law -
(a) prohibiting or restricting
the editing or printing of any
such newspaper or journal by persons
under twentyone
years of age; and
(b) requiring any person who
is the editor or printer of any
such newspaper or journal to inform
the prescribed
authority to that effect and of his
age and to keep the
prescribed authority informed of his
place of
residence.
(4) Where the police seize any
edition of a newspaper as being
the means whereby a criminal offence
has been committed they
shall within twenty-four hours of the
seizure bring the seizure to
the notice of the competent court and
if the court is not satisfied
that there is a prima facie
case of such offence, that edition shall be
returned to the person from whom it
was seized.
(5) No person shall be deprived of
his citizenship under any
provisions made under article 30(1) (b)
of this Constitution or of
his juridical capacity by reason only
of his political opinions.
Protection of
freedom of
assembly and
association.
Amended by:
LVIII.1974.13.
42.
(1) Except with his own consent or by
way of parental
discipline no person shall be
hindered in the enjoyment of his
freedom of peaceful assembly and
association, that is to say, his
right peacefully to assemble freely
and associate with other persons
and in particular to form or belong
to trade or other unions or
associations for the protection of
his interests.
(2) Nothing contained in or done
under the authority of any law
shall be held to be inconsistent with
or in contravention of this
article to the extent that the law in
question makes provision -
20 CONSTITUTION OF MALTA
(a) that is reasonably
required -
(i) in the interests of defence,
public safety, public
order, public morality or decency, or
public
health; or
(ii) for the purpose of protecting
the rights or
freedoms of other persons; or
(b) that imposes restrictions
upon public officers,
and except so far as that provision
or, as the case may be, the thing
done under the authority thereof is
shown not to be reasonably
justifiable in a democratic society.
(3) For the purposes of this article,
any provision in any law
prohibiting the holding of public
meetings or demonstrations in any
one or more particular cities, towns,
suburbs or villages shall be
held to be a provision which is not
reasonably justifiable in a
democratic society.
Prohibition of
deportation.
Amended by:
LVIII.1974.14.
43.
(1) Extradition is only permitted in
pursuance of
arrangements made by treaty and under
the authority of a law.
(2) No person shall be extradited for
an offence of a political
character.
(3) No citizen of Malta shall be
removed from Malta except as
a result of extradition proceedings
or under any such law as is
referred to in article 44(3) (b)
of this Constitution.
Cap. 276.
(4) The provisions made by or under
the Extradition Act*,
as
for the time being in force, for the
removal of persons from Malta
to another Commonwealth country to
undergo trial or punishment
in that country in respect of an
offence committed in that country
and any general arrangements for the
extradition of persons
between Commonwealth countries to
which Malta for the time
being adheres shall be deemed, for
the purposes of sub-article (1)
of this article, to be arrangements
made by treaty, and sub-article
(2) shall not apply in relation to
the removal or extradition of a
person under such provisions or
arrangements.
Protection of
freedom of
movement.
Amended by:
XIII. 2001.2.
44.
(1) No citizen of Malta shall be
deprived of his freedom of
movement, and for the purpose of this
article the said freedom
means the right to move freely
throughout Malta, the right to reside
in any part of Malta, the right to
leave and the right to enter Malta.
(2) Any restriction on a citizen’s
freedom of movement that is
involved in his lawful detention
shall not be held to be inconsistent
with or in contravention of this
article.
(3) Nothing contained in or done
under the authority of any law
shall be held to be inconsistent with
or in contravention of this
article to the extent that the law in
question makes provision -
(a) for the imposition of
restrictions that are reasonably
required in the interests of defence,
public safety,
public order, public morality or
decency, or public
*This Act has replaced the Extradition
(Commonwealth Countries) Act, 1970.
CONSTITUTION OF MALTA
21
health and except so far as that
provision or, as the
case may be, the thing done under the
authority thereof
is shown not to be reasonably
justifiable in a
democratic society;
(b) for the imposition of
restrictions on the freedom of
movement of any citizen of Malta who
is not a citizen
by virtue of article 3(1) or of
article 5(1) of the
Maltese Citizenship Act as in force
upon the coming
into force of the Maltese Citizenship
(Amendment)
Act, 2000;
(c) for the imposition of
restrictions upon the movement
or residence within Malta of public
officers; or
(d) for the imposition of
restrictions on the right of any
person to leave Malta that are
reasonably required in
order to secure the fulfilment of any
obligation
imposed on that person by law and
except so far as that
provision or, as the case may be, the
thing done under
the authority thereof is shown not to
be reasonably
justifiable in a democratic society.
(4) For the purposes of this article,
any person -
(a) who has emigrated from
Malta (whether before, on or
after the appointed day) and, having
been a citizen of
Malta by virtue of article 3(1) or of
article 5(1) of the
Maltese Citizenship Act as in force
upon the coming
into force of the Maltese Citizenship
(Amendment)
Act, 2000, has ceased to be such a
citizen; or
(b) who emigrated from Malta
before the appointed day
and, but for his having ceased to be
a citizen of the
United Kingdom and Colonies before
that day, would
have become a citizen of Malta by
virtue of article 3(1)
of the Maltese Citizenship Act as in
force upon the
coming into force of the Maltese
Citizenship
(Amendment) Act, 2000; or
(c)*
who is the spouse of a person
mentioned in paragraph
(a) or (b) of this
sub-article or of a person who is a
citizen of Malta by virtue of article
3(1) or of article
5(1) of the Maltese Citizenship Act
as in force upon
the coming into force of the Maltese
Citizenship
(Amendment) Act, 2000, and who has
been married to
that person for at least five years
and is living with that
person, or is the child under
twenty-one years of age of
such a person; or
(d) who is the widow or the
widower of a person
mentioned in paragraph (a) or
paragraph (b) of this
subarticle or of a person who at the
time of his or her
death was a citizen of Malta by
virtue of article 3(1) or
of article 5(1) of the Maltese
Citizenship Act as in
force upon the coming into force of
the Maltese
*see article 5 of Act XIII of 2001.
22 CONSTITUTION OF MALTA
Citizenship (Amendment) Act, 2000,
and who was still
living with him or her at the time of
his or her death
and had been married to that person
for at least five
years or who would, but for the death
of that person,
have been so married for at least
five years, or is the
child under twenty-one years of age
of such a person,
shall be deemed to be a citizen of
Malta by virtue of article 3(1) or
of article 5(1) of the Maltese
Citizenship Act as in force upon the
coming into force of the Maltese
Citizenship (Amendment) Act,
2000:
Provided that if the Minister
responsible for matters
relating to Maltese citizenship at
any time by order declares that it
is contrary to the public interest
that a spouse as is mentioned in
paragraph (c), or a widow or
widower as is mentioned in paragraph
(d), or a child over eighteen
years of age as is mentioned in
paragraph (c) or (d) is
to be so deemed, or to continue to be so
deemed, such spouse, widow, widower
or child, as the case may be,
shall thereupon cease to be deemed to
be a citizen of Malta as
aforesaid:
Provided further that the Minister
responsible for matters
relating to Maltese citizenship shall
not be required to assign any
reason for the issue of any order
referred to in the immediately
preceding proviso, and the decision
of the Minister on any such
order shall not be subject to appeal
to or review in any court.
(5) If any person whose freedom of
movement has been
restricted by virtue of such a
provision as is referred to in subarticle
(3)(a) of this article so
requests at any time during the
period of that restriction not
earlier than six months after the order
was made or six months after he last
made such request, as the case
may be, his case shall be reviewed by
an independent and impartial
tribunal established by law composed
of a person or persons each
of whom holds or has held judicial
office or is qualified to be
appointed to such office in Malta:
Provided that a person whose freedom
of movement has
been restricted by virtue of a
restriction which is applicable to
persons generally or to general
classes of persons shall not make a
request under this sub-article unless
he has first obtained the
consent of the Civil Court, First
Hall.
(6) On any review by a tribunal in
pursuance of this article of
the case of a person whose freedom of
movement has been
restricted the tribunal may make
recommendations concerning the
necessity or expediency of continuing
the restriction to the
authority by which it was ordered
but, unless it is otherwise
provided by law, that authority shall
not be obliged to act in
accordance with any such
recommendations.
Protection from
discrimination on
the grounds of
race, etc.
Amended by:
LVIII. 1974.15;
XIX. 1991.3.
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
CONSTITUTION OF MALTA
23
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.
24 CONSTITUTION OF MALTA
(6) Sub-article (2) of this article
shall not apply to anything
which is expressly or by necessary
implication authorised to be
done by any such provision of law as
is referred to in sub-article (4)
or (5) of this article.
(7) Nothing contained in or done
under the authority of any law
shall be held to be inconsistent with
or in contravention of this
article to the extent that the law in
question makes provision (not
being provisions specifically
relating to sex) whereby persons of
any such description as is mentioned
in sub-article (3) of this
article may be subjected to any
restriction on the rights and
freedoms guaranteed by articles 38,
40, 41, 42 and 44 of this
Constitution, being such a
restriction as is authorised by article
38(2), 40(2), 41(2), 42(2) or 44(3).
(8) Nothing in sub-article (2) of
this article shall affect any
discretion relating to the
institution, conduct or discontinuance of
civil or criminal proceedings in any
court that is vested in any
person by or under this Constitution
or any other law.
(9) A requirement, however made, that
the Roman Catholic
Apostolic Religion shall be taught by
a person professing that
religion shall not be held to be
inconsistent with or in contravention
of this article.
(10) Until the expiration of a period
of two years commencing
on the lst July, 1991, nothing
contained in any law made before the
1st July, 1991, shall be held to be
inconsistent with the provisions
of this article, in so far as that
law provides for different treatment
to different persons attributable
wholly or mainly to their
respective description by sex.
(11) Nothing in the provisions of
this article shall apply to any
law or anything done under the
authority of a law, or to any
procedure or arrangement, in so far
as such law, thing done,
procedure or arrangement provides for
the taking of special
measures aimed at accelerating de
facto equality between men and
women, and in so far only as such
measures, taking into account the
social fabric of Malta, are shown to
be reasonably justifiable in a
democratic society.
Enforcement of
protective
provisions.
Amended by:
LVIII.1974.16.
46.
(1) Subject to the provisions of
sub-articles (6) and (7) of
this article, any person who alleges
that any of the provisions of
articles 33 to 45 (inclusive) of this
Constitution has been, is being
or is likely to be contravened in
relation to him, or such other
person as the Civil Court, First
Hall, in Malta may appoint at the
instance of any person who so
alleges, may, without prejudice to
any other action with respect to the
same matter that is lawfully
available, apply to the Civil Court,
First Hall, for redress.
(2) The Civil Court, First Hall,
shall have original jurisdiction
to hear and determine any application
made by any person in
pursuance of sub-article (1) of this
article, and may make such
orders, issue such writs and give
such directions as it may consider
appropriate for the purpose of
enforcing, or securing the
enforcement of, any of the provisions
of the said articles 33 to 45
(inclusive) to the protection of
which the person concerned is
CONSTITUTION OF MALTA
25
entitled:
Provided that the Court may, if it
considers it desirable so
to do, decline to exercise its powers
under this sub-article in any
case where it is satisfied that
adequate means of redress for the
contravention alleged are or have
been available to the person
concerned under any other law.
(3) If in any proceedings in any
court other than the Civil
Court, First Hall, or the
Constitutional Court any question arises as
to the contravention of any of the
provisions of the said articles 33
to 45 (inclusive), that court shall
refer the question to the Civil
Court, First Hall, unless in its
opinion the raising of the question is
merely frivolous or vexatious; and
that court shall give its decision
on any question referred to it under
this sub-article and, subject to
the provisions of sub-article (4) of
this article, the court in which
the question arose shall dispose of
the question in accordance with
that decision.
(4) Any party to proceedings brought
in the Civil Court, First
Hall, in pursuance of this article
shall have a right of appeal to the
Constitutional Court.
(5) No appeal shall lie from any
determination under this
article that any application or the
raising of any question is merely
frivolous or vexatious.
(6) Provision may be made by or under
an Act of Parliament
for conferring upon the Civil Court,
First Hall, such powers in
addition to those conferred by this
article as are necessary or
desirable for the purpose of enabling
the Court more effectively to
exercise the jurisdiction conferred
upon it by this article.
(7) Rules of Court making provision
with respect to the
practice and procedure of the Courts
of Malta for the purposes of
this article may be made by the
person or authority for the time
being having power to make rules of
court with respect to the
practice and procedure of those
Courts, and shall be designed to
secure that the procedure shall be by
application and that the
hearing shall be as expeditious as
possible.
Interpretation of
Chapter IV.
Amended by:
LVIII. 1974.17;
XIX.1991.4.
47.
(1) In this Chapter, save where the
context otherwise
requires, the following expressions
shall have the following
meanings respectively, that is to say
-
"contravention", in relation to any
requirement, includes a failure
to comply with that requirement, and
cognate expressions shall be
construed accordingly;
"court" means any court of law in
Malta other than a court
constituted by or under a
disciplinary law and in articles 33 and 35
of this Constitution includes, in
relation to an offence against a
disciplinary law, a court so
constituted;
"disciplinary law" means a law
regulating the discipline -
(a) of any disciplined force;
or
(b) of persons serving prison
sentences;
26 CONSTITUTION OF MALTA
"disciplined force" means -
(a) a naval, military or air
force of the Government of
Malta;
(b) the Malta Police Force;
(c) any other police force
established by law in Malta;
(d) the Malta prison service;
"member", in relation to a
disciplined force, includes any person
who, under the law regulating the
discipline of that force, is subject
to that discipline.
(2) In this Chapter "period of public
emergency" means any
period during which -
(a) Malta is engaged in any
war; or
(b) there is in force a
proclamation by the President
declaring that a state of public
emergency exists; or
(c) there is in force a
resolution of the House of
Representatives supported by the
votes of not less than
two-thirds of all the Members of the
House declaring
that democratic institutions in Malta
are threatened by
subversion.
(3) (a) Where any proclamation
of emergency has been made,
the occasion therefor shall forthwith
be communicated to the House
of Representatives and, if the House
is then separated by such
adjournment or prorogation as will
not expire within ten days the
President shall by proclamation
summon it to meet within five days
and it shall accordingly meet and sit
upon the day appointed by the
proclamation and shall continue to
sit and act as if it had stood
adjourned or prorogued to that day.
(b) A proclamation of
emergency shall, unless it is sooner
revoked by the President, cease to be
in force at the expiration of a
period of fourteen days beginning on
the date on which it was made
or such longer period as may be
provided under the next following
paragraph, but without prejudice to
the making of another
proclamation of emergency at or
before the end of that period.
(c) If at any time while a
proclamation of emergency is in force
(including any time while it is in
force by virtue of this paragraph)
a resolution is passed by the House
of Representatives approving
its continuance in force for a
further period, not exceeding three
months, beginning on the date on
which it would otherwise expire,
the proclamation shall, if not sooner
revoked, continue in force for
that further period.
(4) A resolution such as is referred
to in paragraph (c) of subarticle
(2) of this article shall, unless it
is sooner revoked by the
House of Representatives, cease to be
in force at the expiration of
twelve months beginning on the date
on which it was passed or
such shorter period as may be
specified therein, but without
prejudice to the passing of another
resolution by the House of
Representatives in the manner
prescribed by that paragraph at or
before the end of that period.
CONSTITUTION OF MALTA
27
(5) In relation to any person who is
a member of a disciplined
force raised under any law in force
in Malta, nothing contained in
or done under the authority of the
disciplinary law of that force
shall be held to be inconsistent with
or in contravention of any of
the provisions of this Chapter other
than articles 33, 35 and 36.
(6) In relation to any person who is
a member of a disciplined
force raised otherwise than as
aforesaid and lawfully present in
Malta, nothing contained in or done
under the authority of the
disciplinary law of that force shall
be held to be inconsistent with
or in contravention of any of the
provisions of this Chapter.
(7) Until the expiration of a period
ending on the 30th June,
1993, nothing contained in any such
law as is specified in the First
Schedule to this Constitution and,
until the expiration of a period of
three years commencing with the
appointed day, nothing contained
in any other law made before the
appointed day shall be held to be
inconsistent with the provisions of
articles 33 to 45 (inclusive) of
this Chapter and, subject as
aforesaid, nothing done under the
authority of any such law shall be
held to be done in contravention
of those articles.
(8) Where any provision of law
enacted before the appointed
day is held to be inconsistent with
any of the provisions of articles
33 to 45 (inclusive) of this Chapter,
no person shall be entitled to
compensation in respect of anything
done under the authority of
that provision before it was so held
to be inconsistent.
(9) Nothing in article 37 of this
Constitution shall affect the
operation of any law in force
immediately before 3rd March 1962
or any law made on or after that date
that amends or replaces any
law in force immediately before that
date (or such a law as from
time to time amended or replaced in
the manner described in this
sub-article) and that does not -
(a) add to the kinds of
property that may be taken
possession of or the rights over and
interests in
property that may be acquired;
(b) add to the purposes for
which or circumstances in
which such property may be taken
possession of or
acquired;
(c) make the conditions
governing entitlement to
compensation or the amount thereof
less favourable to
any person owning or interested in
the property; or
(d) deprive any person of any
right such as is mentioned in
paragraph (b) or paragraph (c)
of article 37(1) of this
Constitution.
Substituted by:
LVIII. 1974.18.
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Index of the Constitution of Malta
See also:
Constitution of Malta Act, 1964
