Human Rights Law and Constitutional Cases

Human rights are moral principles or norms for certain standards of human behaviour and are regularly protected in municipal and international law.

They are commonly understood as inalienable fundamental rights which are inherent in all human beings, regardless of their gender, age, colour (eg. ethnicity and/or ethnic origin), nationality (or lack thereof), language, political views, religion, or any other status. Such rights to which a person is inherently entitled exist simply because she or he is a human being.

They apply universally and equally to all human beings.

Every person in Malta is entitled to the fundamental rights and freedoms of the individual in accordance with the Constitution of Malta (within which such rights and freedoms are enshrined and entrenched), as well as and the European Convention Act of 1987, which makes incorporates into Maltese law the Articles of the 1950 European Convention for the Protection of Human Rights and Fundamental Freedoms and its protocols. Furthermore, as a member State of the European Union, Malta must respect the EU Charter of Human Rights, where applicable.

Other branches of law are intimately related with human rights law. For example, in the criminal sphere, one has a right to a lawyer, to a fair hearing, to protection from arbitrary arrest, and all other matters involved in ensuring due process of law.

In immigration law, for example, one is entitled to additional rights in addition to the aforementioned – such as the right to seek asylum, non-discrimination, non-refoulement, etc …

Lawyers at LexVirtualis™ can assist you with regard to the protection and safeguarding of your fundamental human rights and freedoms – by means of legal advice and representation - whether at an administrative level (eg. ensuring that public bodies act fairly) or before the competent Courts of Malta (eg. First Hall Civil Court in its Constitutional Jurisdiction), the highest being the Constitutional Court, which enjoys both original and appellate jurisdiction, in accordance with the provisions of the Constitution of Malta.

A final appeal from the Constitutional Court in human rights cases lies with the European Court of Human Rights (ECtHR), in which case LexVirtualis™ can also provide advice, assistance and representation.