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