Faculty of Law, Masaryk Univesity
Pavel Molek, Martin Bobák, Michal Hájek, Miroslav Knob
Malta
Republic of Malta - Europe
Regional
| Treaty | Signed | Ratified* | Protocols | Reservations | Notes |
|---|---|---|---|---|---|
| African Charter (1981) | – | – | – | – | – |
| Am. Declaration (1948) | – | – | – | – | – |
| Am. Convention (1969) | – | – | – | – | – |
| Arab Charter (2004) | – | – | – | – | – |
| ECHR (1950) | 12-Dec-1966 | 23-Jan-1967 | 1; 2; 3; 4; 5; 6; 7; 8; 10; 11; 13; 14 | Reservation made at the time of signature, on 12 December 1966, and contained in the instrument of ratification, deposited on 23 January 1967 - Or. Engl. The Government of Malta, having regard to Article 64 of the Convention [Article 57 since the entry into force of the Protocol No 11], and desiring to avoid any uncertainty as regards the application of Article 10 of the Convention, declares that the Constitution of Malta allows such restrictions to be imposed upon public officers with regard to their freedom of expression as are reasonably justifiable in a democratic society. The Code of conduct of public officers in Malta precludes them from taking an active part in political discussions or other political activity during working hours or on official premises. Reservation made at the time of signature, on 12 December 1966, and contained in the instrument of ratification, deposited on 23 January 1967 - Or. Engl. The Government of Malta, having regard to Article 64 of the Convention [Article 57 since the entry into force of the Protocol No 11] declares that the principle of lawful defence admitted under sub-paragraph a of paragraph 2 of Article 2 of the Convention shall apply in Malta also to the defence of property to the extent required by the provisions of paragraphs a and b of section 238 of the Criminal Code of Malta [...] |
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| EU Charter [2000 (2009)] | 13-Dec-2007 | 29-Jan-2008 | – | – | – |
Universal
| Treaty | Signed | Ratified* | Protocols | Reservations | Notes |
|---|---|---|---|---|---|
| ICERD (1966) | 5-Sep-1968 | 27-May-1971 | – | – | – |
| ICESCR (1966) | 22-Oct-1968 | 13-Sep-1990 | – | – | – |
| ICCPR (1966) | – | 13-Sep-1990 | 1; 2 | 1. Article 13 - The Government of Malta endorses the principles laid down in article 13. However, in the present circumstances it cannot comply entirely with the provisions of this article; 2. Article 14 (2) - The Government of Malta declares that it interprets paragraph 2 of article 14 of the Covenant in the sense that it does not preclude any particular law from imposing upon any person charged under such law the burden of proving particular facts; 3. Article 14 (6) - While the Government of Malta accepts the principle of compensation for wrongful imprisonment, it is not possible at this time to implement such a principle in accordance with article 14, paragraph 6, of the Covenant; 4. Article 19 - The Government of Malta desiring to avoid any uncertainty as regards the application of article 19 of the Covenant declares that the Constitution of Malta allow such restrictions to be imposed upon public officers in regard to their freedom of expression as are reasonably justifiable in a democratic society. The code of Conduct of public officers in Malta precludes them from taking an active part in political discussions or other political activity during working hours or on the premises. The Government of Malta also reserves the right not to apply article 19 to the extent that this may be fully compatible with Act 1 of 1987 entitled “An act to regulate the limitations on the political activities of aliens”, and this in accordance with Article 16 of the Convention of Rome (1950) for the protection of Human Rights and Fundamental Freedoms or with Section 41 (2) (a) (ii) of the Constitution of Malta; 5. Article 20 - The Government of Malta interprets article 20 consistently with the rights conferred by Articles 19 and 21 of the Covenant but reserves the right not to introduce any legislation for the purposes of article 20; 6. Article 22 - the Government of Malta reserves the right not to apply article 22 to the extent that existing legislive measures may not be fully compatible with this article. |
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| CEDAW (1979) | – | 8-Mar-1991 | – | A. Article 11 The Government of Malta interprets paragraph 1 of article II, in the light of provisions of paragraph 2 of article 4, as not precluding prohibitions, restrictions, or conditions on the employment of women in certain areas, or the work done by them, where this is considered necessary or desirable to protect the health and safety of women or the human foetus, including such prohibitions, restrictions or conditions imposed in consequence of other international obligations of Malta. B. Article 13 (i) The Government of Malta reserves the right, notwithstanding anything in the Convention, to continue to apply its tax legislation which deems, in certain circumstances, the income of a married woman to be the income of her husband and taxable as such. (ii) The Government of Malta reserves the right to continue to apply its social security legislation which in certain circumstances makes certain benefits payable to the head of the household which is, by such legislation, presumed to be the husband. C. Articles 13, 15, 16 While the Government of Malta is committed to remove, in as far as possible, all aspects of family and property law which may be considered as discriminatory to females, it reserves the right to continue to apply present legislation in that regard until such time as the law is reformed and during such transitory period until those laws are completely superseded. D. Article 16 The Government of Malta does not consider itself bound by sub-paragraph (e) of paragraph (1) of article 16 in so far as the same may be interpreted as imposing an obligation on Malta to legalize abortion. |
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| CAT (1984) | – | 13-Sep-1990 | 1 | – | – |
| CRC (1989) | 26-Jan-1990 | 30-Sep-1990 | 1; 2 | – | – |
| CPRMW (1990) | – | – | – | – | – |
| CRPD (2006) | 30-Mar-2007 | 10-Oct-2012 | 1 | Interpretative statement made upon ratification: “[…] Pursuant to Article 25 of the Convention, Malta makes the following Interpretative Statement – Malta understands that the phrase “sexual and reproductive health” in Art 25 (a) of the Convention does not constitute recognition of any new international law obligation, does not create any abortion rights, and cannot be interpreted to constitute support, endorsement, or promotion of abortion. Malta further understands that the use of this phrase is intended exclusively to underline the point that where health services are provided, they are provided without discrimination on the basis of disability. Malta’s national legislation considers the termination of pregnancy through induced abortion as illegal.” Reservations made upon ratification: “[…] Pursuant to Article 29 (a) (i) and (iii) of the Convention, while the Government of Malta is fully committed to ensure the effective and full participation of persons with disabilities in political and public life, including the exercise of their right to vote by secret ballot in elections and referenda, and to stand for elections, Malta makes the following reservations: With regard to (a) (i): Malta reserves the right to continue to apply its current electoral legislation in so far as voting procedures, facilities and materials are concerned. With regard to (a) (iii): Malta reserves the right to continue to apply its current electoral legislation in so far as assistance in voting procedures is concerned.” Interpretative statement and reservation made upon signature: (a) Pursuant to Article 25 of the Convention, Malta makes the following Interpretative Statement - Malta understands that the phrase sexual and reproductive health in Art 25 (a) of the Convention does not constitute recognition of any new international law obligation, does not create any abortion rights, and cannot be interpreted to constitute support, endorsement, or promotion of abortion. Malta further understands that the use of this phrase is intended exclusively to underline the point that where health services are provided, they are provided without discrimination on the basis of disability. Malta's national legislation, considers the termination of pregnancy through induced abortion as illegal. (b) Pursuant to Article 29 )a) (i) and (iii) of the Convention, while the Government of Malta is fully committed to ensure the effective and full participation of persons with disabilities in political and public life, including the exercise of their right to vote by secret ballot in elections and referenda, and to stand for elections, Malta makes the following reservations: With regard to (a) (i): At this stage, Malta reserves the right to continue to apply its current electoral legislation in so far as voting procedures, facilities and materials are concerned. With regard to (a) (iii): Malta reserves the right to continue to apply its current electoral legislation in so far as assistance in voting procedures is concerned. |
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| ICCPED (2006) | 6-Feb-2007 | – | – | – | – |
* or accession/succession
KÚPP, Faculty of Law, Masaryk Univesity |
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