PUBLIC LAW TONIO BORG

HUMAN RIGHTS FREEDOMS

PUBLIC LAW HUMAN RIGHTS FREEDOM OF CONSCIENCE, EXPRESSION, ASSOCIATION

AND

ASSEMBLY

%rovided that no such re!uirement shall e held to e inconsistent with or in contravention of this article to the extent that the "nowledge of# or the proficiency or instruction in# religion is re!uired 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 re!uirement is shown not to e reasona ly justifia le in a democratic society. (&) Nothing contained in or done under the authority of any law shall e held to e inconsistent with or in contravention of su article (1)# to the extent that the law in !uestion ma"es provision that is reasona ly re!uired in the interests of pu lic safety# pu lic order# pu lic morality or decency# pu lic health# or the protection of the rights and freedoms of others# and except so far as that provision or# as the case may e# the thing done under the authority thereof# is shown not to e reasona ly justifia le in a democratic society. Th$% f#ee&o) $% %$)$la# "o "ha" of e,p#e%%$o' * " "he f#ee&o) of +o'%+$e'+e +o'"a$'% #el$!$o % ele)e'"%/ A pe#%o' $% !#a'"e& a #$!h" "o follo- o# 'o" follo- #el$!$o'3 "h % o'e +a' *e *o"h a f$#) *el$eve# a'& a' a"he$%"/ The#e $% "he #$!h" "o f ll f#ee&o) of #el$!$o % op$'$o' a++o#&$'! "o "he &$+"a"e% of o'e4% +o'%+$e'+e/ If o'e follo-% a #el$!$o', he5%he %ho l& *e a*le "o a*$&e *( h$%5he# p#e+ep"% a'& a&o#e "he Go& o'e -a'"%/ Ho-eve#, "he#e a#e l$)$"a"$o'% *e+a %e o'e ha% "o fa+e +e#"a$' "e%"%3 'le%% (o # #$!h" $% #e%"#$+"e& "he' (o e'6o( "he%e #$!h"%/ Gove#')e'" +a' #e%"#$+" % +h #$!h"% a'& "he#e a#e 7 %"#$+" "e%"%

Introduction: People have fo !h" fo# "he$# #$!h"% "o &$!'$"(, fa$# hea#$'! a'& "#ea")e'" * " e%pe+$all( "he( have fo !h" fo# "he$# f#ee&o) of +o'%+$e'+e, e,p#e%%$o' a'& a%%o+$a"$o' a% -ell a% a%%e)*l( -h$+h e'% #e "ha" ea+h pe#%o' $% f#ee "o e,p#e%% h$)%elf a'& )a.e "he +ho$+e% he &ee)% f$"/ Se+"$o' 01 &eal% -$"h "he p#o"e+"$o' of f#ee&o) of +o'%+$e'+e a'& -o#%h$p2 40. (1) All persons in Malta shall have full freedom of conscience and enjoy the free exercise of their respective mode of religious worship. (2) No person shall e re!uired to receive instruction in religion or to show "nowledge or proficiency in religion if# in the case of a person who has not attained the age of sixteen years# o jection to such re!uirement is made y the person who according to law has authority over him and# in any other case# if the person so re!uired o jects thereto$

PUBLIC LAW TONIO BORG

HUMAN RIGHTS FREEDOMS

"ha" o'e ha% "o fa+e fo# e/!/ pa#e'"% a#e "he o'l( people -ho +a' fo#+e "he$# #el$!$o' "$ll a +e#"a$' a!e a'& $' "he +a%e% of o'e4% 6o* fo# e/!/ a #el$!$o % "ea+he# o# $' a %e)$'a#6 / Se+"$o' 08 &eal% -$"h "he p#o"e+"$o' of f#ee&o) of e,p#e%%$o'2 41. (1) 'xcept with his own consent or y way of parental discipline# no person shall e hindered in the enjoyment of his freedom of expression# including freedom to hold opinions without interference# freedom to receive ideas and information without interference# freedom to communicate ideas and information without interference (whether the communication e to the pu lic generally or to any person or class of persons) and freedom from interference with his correspondence. (2) Nothing contained in or done under the authority of any law shall e held to e inconsistent with or in contravention of su article (1) of this article to the extent that the law in !uestion ma"es provision ( (a) that is reasona ly re!uired ( (i) in the interests of defence# pu lic safety# pu lic order# pu lic morality or decency# or pu lic health) or (ii) for the purpose of protecting the reputations# rights and freedoms of other persons# or the private lives of persons concerned in legal proceedings# preventing the disclosure of information received in confidence# maintaining the authority and independence of the courts# protecting the privileges of %arliament# or regulating telephony# telegraphy# posts#

wireless roadcasting# television or other means of communication# pu lic exhi itions or pu lic entertainments) or ( ) that imposes restrictions upon pu lic officers# and except so far as that provision or# as the case may e# the thing done under the authority thereof is shown not to e reasona ly justifia le in a democratic society. (&) Anyone who is resident in Malta may edit or print a newspaper or journal pu lished daily or periodically$ %rovided that provision may e made y law ( (a) prohi iting or restricting the editing or printing of any such newspaper or journal y persons under twentyone years of age) and ( ) re!uiring any person who is the editor or printer of any such newspaper or journal to inform the prescri ed authority to that effect and of his age and to "eep the prescri ed authority informed of his place of residence. (*) +here the police sei,e any edition of a newspaper as eing the means where y a criminal offence has een committed they shall within twenty(four hours of the sei,ure ring the sei,ure to the notice of the competent court and if the court is not satisfied that there is a prima facie case of such offence# that edition shall e returned to the person from whom it was sei,ed. (-) No person shall e deprived of his citi,enship under any provisions made under article &.(1) ( ) of this /onstitution or

PUBLIC LAW TONIO BORG

HUMAN RIGHTS FREEDOMS

of his juridical capacity opinions.

y reason only of his political

O'e ha% "he #$!h" "o a&&#e%% a' , %pea. $' p *l$+ )ee"$'!% a'& "he l$.e/ B " "h$% p#ov$%$o' $% eve' -$&e# *e+a %e $" &oe% 'o" o'l( &eal -$"h -o#&% : o'e al%o ha% "he #$!h" "o #e)a$' %$le'"/ The#e $% a' e,e#+$%e of o'e4% #$!h" "o p#$va+( a'& fo# e/!/ o'e4% le""e#% 'o" *e$'! ope'e&3 o'e ha% "he #$!h" "o %pea. a'& 'o" "o *e fo#+e& "o .eep %$le'" "h#o !h "h#ea"% a'& "he l$.e/ The "e%" of "he%e #$!h"% +o)e% alo'! -he' fo# e/!/ o'e $% a&&#e%%$'! a' a &$e'+e -h$+h $% ho%"$le a'& "he#efo#e #$!h"% *e+o)e eve' )o#e p#e+$o %/ Th$% $'+l &e% "he #$!h" "o e,p#e%% 'pop la# op$'$o'% a% lo'! a% o'e &oe% 'o" $'+$"e $)p#ope# o# '+o've'"$o'al op$'$o'%, -h$+h +o l& +#ea"e #$o"% a'& "#o *le/ Th$% $% -he' o'e 'ee&% "he +o'%"$" "$o' "o p#o"e+" o'e4% #$!h"% "o f#ee&o) of e,p#e%%$o'/ ;ol"a$#e %"a"e& "ha"2 0 can disagree with your opinion ut 0 am ready to die for you to express your own opinion/ Se+"$o' 09 &eal% -$"h "he p#o"e+"$o' of f#ee&o) of a%%e)*l( a'& a%%o+$a"$o'2 42. (1) 'xcept with his own consent or y way of parental discipline no person shall e hindered in the enjoyment of his freedom of peaceful assem ly and association# that is to say# his right peacefully to assem le freely and associate with other persons and in particular to form or elong to trade or other unions or associations for the protection of his interests.

(2) Nothing contained in or done under the authority of any law shall e held to e inconsistent with or in contravention of this article to the extent that the law in !uestion ma"es provision ( (a) that is reasona ly re!uired ( (i) in the interests of defence# pu lic safety# pu lic order# pu lic morality or decency# or pu lic health) or (ii) for the purpose of protecting the rights or freedoms of other persons) or ( ) that imposes restrictions upon pu lic officers# and except so far as that provision or# as the case may e# the thing done under the authority thereof is shown not to e reasona ly justifia le in a democratic society. (&) 1or the purposes of this article# any provision in any law prohi iting the holding of pu lic meetings or demonstrations in any one or more particular cities# towns# su ur s or villages shall e held to e a provision which is not reasona ly justifia le in a democratic society.

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