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United Nations Treaties
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Date of admission to UN: 1 December 1964.
- International Covenant on Economic Social and Cultural Rights - ICESCR
Ratified: 13 September 1990.
Reports submitted/due: 0/2
Declaration: "Article 13 - The Government of Malta declares that it is in favour of upholding the principle affirmed in the words" and to ensure the religious and moral education of their children in conformity with their own convictions". However, having regard to the fact that the population of Malta is overwhelmingly Roman Catholic, it is difficult also in view of limited financial and human resources, to provide such education in accordance with a particular religious or moral belief in cases of small groups, which cases are very exceptional in Malta."
- International Covenant on Civil and Political Rights - ICCPR
Acceded: 13 September 1990.
Reports submitted/due: 1/3
Reservation: - the Government of Malta reserves the right not to apply article 22 to the extent that existing legislative measures may not be fully compatible with this article.
Optional Protocol: Acceded: 13 September 1990.
- International Convention on the Elimination of all Forms of Racial Discrimination - CERD
Ratified: 27 May 1971.
Reports submitted/due: 14/16
No reservations.
- Convention on the Elimination of All Forms of Racial Discrimination - CEDAW
Acceded: 8 March 1991.
Reports submitted/due: 0/3
No reservation related to the right to education.
- Convention on the Rights of the Child - CRC
Ratified: 30 September 1990.
Reports submitted/due: 1/2
No reservation related to the right to education.
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ILO treaties
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ILO 87 Freedom of Association and Protection of the Right to Organise Convention (1948) - date of ratification: 04.01.1965
ILO 98 Right to Organise and Collective Bargaining Convention (1949) - date of ratification: 04.01.1965
ILO 111 Convention concerning Discrimination in Respect of Employment and Occupation (1958) - date of ratification: 01.07.1968
ILO 138 Minimum Age Convention (1973) - date of ratification: 09.06.1988.
ILO 182 Worst Forms of Child Labour Convention (1999) - date of ratification: 15.06.2001
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European System
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Convention for the Protection of Human Rights and Fundamental Freedoms - European Convention - ECHR
Date of Ratification: 23.01.1967
No reservation related to the right to education.
Protocol Nº 01 to the European Convention
Date of Ratification: 23.01.1967
Declaration: The Government of Malta, having regard to Article 64 of the Convention, declares that the principle affirmed in the second sentence of Article 2 of the Protocol is accepted by Malta only in so far as it is compatible with the provision of efficient instruction and training, and the avoidance of unreasonable public expenditure, having regard to the fact that the population of Malta is overwhelmingly Roman Catholic.
Framework Convention for the Protection of National Minorities
Date of Ratification: 10.02.1998
Declaration: The Government of Malta reserves the right not to be bound by the provisions of Article 15 insofar as these entail the right to vote or to stand for election either for the House of Representatives or for Local Councils.
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Constitutional Guarantees of the right to education
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Date of adoption/date of entry into force - 1964
Relevant Provisions
(…)
Chapter I - The Republic of Malta
Art.2
(1) The religion of Malta is the Roman Catholic Apostolic Religion.
(3) Religious teaching of the Roman Catholic Apostolic Faith shall be provided in all State schools as part of compulsory education.
Chapter II - Declaration of principles
Art.10
Primary education shall be compulsory and in State schools shall be free of charge.
Art.11
(1) Capable and deserving students, even if without financial resources, are entitled to attain the highest grades of education.
(2) The State shall give effect to this principle by means of scholarships, of contributions to the families of students and other provisions on the basis of competitive examinations.
Chapter IV - Fundamental rights and freedoms of the individual
Art.40
No person shall be required to receive instruction in religion or to show knowledge of proficiency in religion if, (…) the person so required objects thereto: Provided that no such requirement shall be held to be inconsistent with or in contravention of this section to the extent that the knowledge of, or the proficiency or instruction in, religion is required for the teaching of such religion, or for admission to priesthood or to a religious order, or for other religious purposes and except so far as that requirement is shown not to be reasonably justifiable in a democratic society.
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