The principles of equality of treatment and non-discrimination were first introduced into the Maltese Constitution of 1964 providing 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.

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.

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. The Commission seeks to ensure that Maltese society is a society free from any form of discrimination in all sectors and at all levels with respect of training and employment, and the provision of services and benefits.  It has the competence to provide assistance to victims, conduct surveys and publish reports and issue recommendations on discrimination issues.