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Introduction

The information contained on this page represents the situation as of 1 January 2011  and is a summary of the country report produced by the country expert from the network. The summary can be downloaded here as well.

Contact:
Tonio Ellul
E-mail: tellul@emd.com.mt

Country context

 At the end of 2010, the Maltese population was estimated at 412,970 of which 205,419 (49.74%) were males and 207,551 (50.26%) were females.  The number of foreign citizens residing in Malta in the same period amounted to 4.04%. 

 

Main principles and definitions

Definitions

All the grounds of discrimination mentioned in the Directives are prohibited under Maltese law.

The only ground which is however specifically defined under Maltese law is the ground of disability under the Equal Opportunities (Persons with Disability) Act, 2000.   

Enforcing the law

Maltese legislation lays down various courses of action that one may follow should an individual believe that they were subjected to discriminatory treatment.  Apart from recourse to action before the Civil Court, First Hall, sitting in its Constitutional jurisdiction or the Constitutional Court, there exist other bodies where an alleged victim can address his or her complaint, depending on the nature of such complaint.   

Main legislation

The principles of equality of treatment and non-discrimination were first introduced into the Maltese Constitution of 1964.  This provides protection from discrimination on the basis of race, place of origin, political opinions, colour, creed or sex and also states that no law shall make any provision that is discriminatory either of itself or in its effect.  In 1987, the European Convention Act was enacted.   

Material scope

Protection against discriminatory treatment under Maltese law is provided for both by general and specific laws.  The Constitution of Malta and The European Convention Act contain a general prohibition against discrimination that could be taken to include all the fields of application listed in Article 3 of both Directives.  

Equality bodies

The National Commission for the Promotion of Equality for Men and Women (NCPE) has been designated as the body in Malta to promote equality of treatment for all persons without discrimination on the grounds of racial or ethnic origin. The current primary task of NCPE is to monitor the implementation of the Act to Promote Equality for Men and Women and to promote equality in spheres where it may be lacking and to ensure compliance with the provisions of the Equal Treatment of Persons Order.  

Go to the European Commission - Employment, Social Affairs and Equal Opportunities This initiative is financed by the EC Programme Progress. But the views expressed in this website do not necessarily reflect the official views of the EU institutions.