Reservations and Declarations for Treaty No.005 - Convention for the Protection of Human Rights and Fundamental Freedoms

Nature of declaration : Reservations
Status as of 24/07/2017

Malta

Reservation made at the time of signature, on 12 December 1966, and contained in the instrument of ratification, deposited on 23 January 1967 - Or. Engl.

The Government of Malta, having regard to Article 64 of the Convention [Article 57 since the entry into force of the Protocol No 11], and desiring to avoid any uncertainty as regards the application of Article 10 of the Convention, declares that the Constitution of Malta allows such restrictions to be imposed upon public officers with regard to their freedom of expression as are reasonably justifiable in a democratic society. The Code of conduct of public officers in Malta precludes them from taking an active part in political discussions or other political activity during working hours or on official premises.
Period covered: 23/01/1967 -
Articles concerned : 10

Reservation made at the time of signature, on 12 December 1966, and contained in the instrument of ratification, deposited on 23 January 1967 - Or. Engl.

The Government of Malta, having regard to Article 64 of the Convention [Article 57 since the entry into force of the Protocol No 11] declares that the principle of lawful defence admitted under sub-paragraph a of paragraph 2 of Article 2 of the Convention shall apply in Malta also to the defence of property to the extent required by the provisions of paragraphs a and b of section 238 of the Criminal Code of Malta, the text whereof, along with the text of the preceding section 237, is as follows:

"237. No offence is committed when a homicide or a bodily harm is ordered or permitted by law or by a lawful authority, or is imposed by actual necessity either in lawful self-defence or in the lawful defence of another person.

238. Cases of actual necessity of lawful defence shall include the following:

a. where the homicide or bodily harm is committed in the act of repelling, during the night-time, the scaling or breaking of enclosures, walls, or the entrance doors of any house or inhabited apartment, or of the appurtenances thereof having a direct or an indirect communication with such house or apartment;

b. where the homicide or bodily harm is committed in the act of defence against any person committing theft or plunder, with violence, or attempting to commit such theft or plunder;

c. where the homicide or bodily harm is imposed by the actual necessity of the defence of one's own chastity or of the chastity of another person."
Period covered: 23/01/1967 -
Articles concerned : 10


Source : Treaty Office on http://conventions.coe.int - * Disclaimer.