Rights, Duties and Obligations of Residents and Citizens
This domain covers Chapter II fundamental rights, how they are enforced, who is a Maltese citizen, and the everyday obligations that come with living in Malta.
Fundamental rights
Articles 32–45 of the Constitution protect the right to life; freedom from torture, inhuman treatment and forced labour; liberty and security; a fair hearing within a reasonable time by an independent court; protection from retroactive criminal law; privacy of home and correspondence; freedom of conscience and religion; freedom of expression; assembly and association; property; and freedom from discrimination. Primary education is compulsory and free. No right is absolute: limitations must be reasonably justifiable in a democratic society.
Enforcement
A person alleging a breach files a constitutional case before the Civil Court (Constitutional Jurisdiction), with appeal to the Constitutional Court.
Citizenship
Maltese citizenship is acquired by descent, by birth, by registration or by naturalisation under the Maltese Citizenship Act. Malta allows dual citizenship, and EU citizenship comes on top of national citizenship rather than replacing it.
Duties
Residents must register for an identity card, pay tax and National Insurance contributions, obey the law, keep children in school between 5 and 16, and serve on a jury if summoned. Voting is a civic duty, not a legal obligation, but registration at 16 is automatic.
Worked example
Can an employer lawfully dismiss a worker over religious dress? Freedom of religion is a constitutional right that binds the state, so the answer does not stop at the Constitution: the analysis continues into the Equality Act and the Employment and Industrial Relations Act, which govern private employers.
Traps
Treating rights as unlimited; assuming constitutional rights only apply in theory; confusing citizenship by descent with naturalisation; stating that voting is compulsory.