ENNHRI Report highlights Rule of Law challenges and the absence of a National Human Rights Institution in Malta
Published July 04, 2025
ENNHRI Report highlights Rule of Law challenges and the absence of a National Human Rights Institution in Malta
Published July 04, 2025
The European Network of National Human Rights Institutions (ENNHRI) has published its 2025 Rule of Law Report, presenting an assessment of the state of the rule of law across Europe. The report provides an overview of key developments and challenges affecting democratic institutions and human rights mechanisms across the continent, including a dedicated chapter on Malta.
The report raises serious concerns regarding Malta’s ongoing lack of a National Human Rights Institution (NHRI) in line with the United Nations Paris Principles. As ENNHRI notes, Malta remains one of the few European Union Member States without an NHRI, highlighting that the absence of such an institution limits the country’s capacity to effectively monitor, promote and protect fundamental rights in a systematic and independent manner .
ENNHRI acknowledges the efforts of the Office of the Ombudsman of Malta in this regard. The Parliamentary Ombudsman, Judge Joseph Zammit McKeon, has taken a proactive approach by proposing that the Ombudsman institution itself be designated as Malta’s NHRI. This proposal includes extending the Office’s remit through legislative reform to encompass the functions of a national human rights institution, thereby building on the institution’s constitutional guarantees and operational independence.
In 2024, the Office of the Ombudsman submitted a comprehensive draft bill to the Prime Minister which would legally establish the Ombudsman as Malta’s NHRI. The draft bill ensures compliance with the Paris Principles by embedding provisions for independence, pluralism, and a clear human rights mandate, while also safeguarding the dual role of Ombudsman and NHRI within a unified statutory structure. However, as noted by the Ombudsman, no formal response has yet been received from the Government.
The ENNHRI report supports the need for structural reforms to improve Malta’s human rights architecture, stating that “the absence of an NHRI poses risks to public accountability.” The report also reiterates the importance of ensuring the effective implementation of recommendations by oversight institutions, such as the Ombudsman, especially in contexts involving systemic maladministration or infringements of fundamental rights.
Read the 2025 Rule of Law Report
