241. By way of elaborating the principles on education mentioned in the Constitution, the Education Act of 1988 (Act XXIV) postulates at the very outset (arts. 1 and 4) that "It is the right of every citizen of the Republic of Malta to receive education and instruction without any distinction of age, sex, belief or economic means," and "It is the right of every parent of a minor to give his decision with regard to any matter concerning the education which the minor is to receive." Consequently the Act further provides that the State is bound to:

(a) Provide education to all children between 5 and 16 years of age; / The period of compulsory education may by regulation be further extended for certain courses of training./

300. Child labour is prohibited under both the Constitution and the Education Act (sect. 43). Young people between 16 years (which is the maximum age for compulsory school attendance) and 18 years of age are generally engaged on a contract of service or on an agreement of apprenticeship. At law the latter does not constitute a contract of service. A contract of service is one which binds a person to render labour to an employer in return for wages (Conditions of Employment (Regulations) Act (CERA) 1952, sect. 2). The minimum age for admission to employment is 16 years. […]

301. Regulations on the Protection of Young Persons lay down that children under 15 cannot be employed, on contract or otherwise. The same applies to young persons of compulsory school age, unless such employment is covered by an exemption issued under the Education Act. Where young persons aged between 15 and 18 are employed, provided an exemption is granted, regulations require that these persons are to be properly trained for the work assigned, and that health and safety hazards be taken into account. Young persons cannot be employed at any time between 10 p.m. and 7 a.m. This does not apply in respect of approved training schemes or apprenticeships or educational, cultural or sports activities. The Regulations do not apply to hotels or catering establishments, provided the young worker is allowed not less than 12 consecutive hours' rest within any period of 24 hours, and not less than 2 days' rest each week, including a Sunday.

40. Children in Malta reach majority at the age of 18 years (section 157 of the Civil Code). It has been so since the Civil Code was first enacted. But there are cases where a child is vested with adult responsibility at an earlier age, namely:

(a) On contracting marriage at the age of not earlier than 16 (and when parental authority ceases in his/her regard);

294. Criminal proceedings against children under 9 years of age are not pursued. Children are exempt from criminal responsibility for any act or omission (Criminal Code, sect. 35). Children under 14 years of age are also exempt from criminal responsibility for any act or omission done without mischievous intent. The court may, however, bind over the parents to watch over the conduct of the child. If the offence is punishable with a fine, the court may order the parents to pay the fine (sect. 35). Children under the age of 14 but over the age of 9 who commit an offence with mischievous intent are punished with reprimand or a fine (sect. 36). If the offender is 14 but not yet 18 years of age the punishment applicable to the offence shall be diminished by one or two degrees (sect. 37). […]