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Home > Constitution of Malta of 21 September 1964. Articles 2, 32, 40, 45, (...)


Constitution of Malta of 21 September 1964

(Last amended : 16 July 2003)

Extracts

Article 2

1. The religion of Malta is the Roman Catholic Apostolic Religion.
2. The authorities of the Roman Catholic Apostolic Church have the duty and the right to teach which principles are right and which are wrong.
3. Religious teaching of the Roman Catholic Apostolic Faith shall be provided in all State schools as part of compulsory education.

Article 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,
(...)

Article 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.

Article 45

1. Subject to the provisions of sub-articles 4, 5 and 7 of this article, no law shall make any provision that is discriminatory either of itself or in its effect.
2. Subject to the provisions of sub-articles 6, 7 and 8 of this article, no person shall be treated in a discriminatory manner by any person acting by virtue of any written law or in the performance of the functions of any public office or any public authority.
3. In this article, the expression "discriminatory" means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, place of origin, political opinions, colour, creed or sex whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages which are not accorded to persons of another such description.
4. Sub-article 1 of this article shall not apply to any law so far as that law makes provision -
(...)
c) with respect to adoption, marriage, dissolution of marriage, burial, devolution of property on death or any matters of personal law not hereinbefore specified;
(...)
9. A requirement, however made, that the Roman Catholic Apostolic Religion shall be taught by a person professing that religion shall not be held to be inconsistent with or in contravention of this article.

Schedules to the Constitution

Second schedule

Articles 50 and 89

Oaths of Office

a) Oath for the due execution of the office of President.
I................................. solemnly swear/affirm that I will faithfully execute the office of President (perform the functions of the President) of Malta, and will, to the best of my ability preserve, protect and defend the Constitution of Malta. (So help me God).
b) Oath for the due execution of the office of Prime Minister or other Minister or Parliamentary Secretary.
I ................................. solemnly swear/affirm that I will faithfully and conscientiously perform my duties as (Prime Minister/Minister/Parliamentary Secretary) in accordance with the Constitution and the laws of Malta, without fear or favour. (So help me God).

Third schedule

Article 124(1)

Oath of allegiance

I .................................. solemnly swear/affirm that I will bear true faith and allegiance to the people and the Republic of Malta and its Constitution. (So help me God).

(Translation : Government of Malta)