PN wants government to enact European Convention’s non-discrimination protocol

The Nationalist Party has presented a draft bill to enact a non-discrimination protocol that forms part of the European Convention on Human Rights.

In a press conference, PN justice spokesperson Karol Aquilina announced that the party presented the bill to eliminate an anomaly whereby the protocol was ratified by Malta in 2015, but never actually enacted.

“We’re doing this because we feel that too much time has passed since Malta was supposed to introduce this law. The government dragged its feet, so we’re stepping in to ensure Maltese and Gozitans enjoy stronger protection on their human rights,” Aquilina said.

The protocol, known as Protocol No. 12, removed the limitation in the application of Article 14 on non-discrimination of the Convention to the rights enshrined in the treaty. Instead, it guarantees that no one shall be discriminated against on any ground by any public authority.

The protocol protects all those who are, discriminated against by a public authority, or in the enjoyment of a right granted to a person by any national law or public authority. This does not exclude the possibility of different treatment due to a reasonable justification, but it binds public authorities to act in a fair and equal manner with all persons.

Malta ratified the protocol in December 2015, and it entered into force in April 2016. However, it never formed part of the Laws of Malta.

Indeed, in May this year, the Constitutional Court flagged this anomaly and said the protocol could not be evoked by the court because it does not form part of Chapter 319 of the Laws of Malta.

Claudette Buttigieg, PN spokesperson for civil liberties, pointed out that laws and rights are two distinguishable concepts. “Passing a law and ignoring the right would be as if the right doesn’t exist.”

Paula Mifsud Bonnici, the party’s assistant whip, added that the PN had sent a letter to the deputy prime minister in July 2022, with a list of proposals on how the Parliament can function better.

“So far, the government gave no answer to this letter, and nothing has changed. The government did not lend an ear to the concrete proposals presented by the Nationalist Party,” she said.

“We’re giving the government another opportunity. The government should move this amendment for discussion and voting if it truly believes in fundamental human rights.”