A/HRC/12/7
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European Union nationals resident in the Maltese Islands who are registered and possess a
Maltese identity card are eligible to vote.
8.
In addition to the guarantees for fundamental rights in the constitution, the delegation
said that freedom of expression in Malta is also guaranteed by the Press Act and the
Broadcasting Act. In 2006 the penalty of imprisonment for criminal libel, which had not been
used for more than 30 years, was abolished. Freedom of religion, assembly and association are
guaranteed by the European Convention Act as well as by the Employment and Industrial
Relations Act and the Volontary Organisations Act.
9.
The Independence Constitution provides for the right of individual petition to courts with
special constitutional jurisdiction, ensuring redress against actual or threatened violations of
fundamental rights. In 1987, this judicial protection was strengthened when Malta ratified the
right of individual petition to the European Court of Human Rights. Malta incorporated the
European Convention on Human Rights and a number of its protocols in domestic law through
the European Conventions Act. It has been a member of the Council of Europe since 1965 and
the enforcement of fundamental human rights in Malta has been subject to its scrutiny and
valuable guidance. Upon accession to the European Union in 2004, human rights protection in
Malta was strengthened by the acceptance of the jurisdiction of Institutions of the European
Union.
10.
The delegation cited a number of human rights institutions established in Malta to
safeguard, inter alia, gender equality, equality of opportunity for persons with disabilities and the
rights of children. In response to questions, it said given the various institutions, Malta has not
considered it necessary to have a distinct authority to monitor human rights. It added that
effective judicial procedures were preferable to a human rights institution, but that the matter
was under constant review.
11.
Malta is also party to a number of international human rights treaties as well as regional
instruments, including the European Social Charter; the European Convention for the Prevention
of Torture and Inhuman or Degrading Treatment or Punishment and its Protocols and the
Council of Europe Convention on Action against Trafficking in Human Beings.
12.
The delegation stressed that the Maltese Parliament abolished the death penalty for
ordinary crimes in 1971, keeping it in force for certain crimes committed by member of the
Armed Forces and in times of war. In March 2000, an amendment to the Armed Forces Act
abolished the death penalty for all crimes.
13.
The Government has, over the years, taken various legislative initiatives relating to
human rights. In addition to legislation cited above, the Employment and Industrial Relations
Act protects the rights of workers, trade unions and employers associations, as well as collective
bargaining and acceptable conditions of work. The Data Protection Act ensures protection of the
right to privacy. The Administrative Justice Act mandates observance of fundamental
substantive and procedural principles of law in matters of administrative justice. The Marriage
Act ensures, in line with fundamental human rights and the values of family based on marriage, a
free choice in matters of marriage, while the Social Security Act and the Malta Council for
Economic and Social Development Act ensure access to social protection. Malta believes that
civil and political rights go hand in hand with social and economic rights, was fully committed to
vigorous development of economic and social policy, and was constantly pursuing a progressive
agenda on such policy.
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