Times editorial highlights need to incorporate Protocol No. 12 into Maltese law

Times editorial highlights need to incorporate Protocol No. 12 into Maltese law

Published April 14, 2026

An editorial published in The Times of Malta has drawn attention to the continued absence of Protocol No. 12 to the European Convention on Human Rights from Maltese domestic law, a decade after its ratification. The editorial follows repeated calls by the Parliamentary Ombudsman to address this long standing gap.

The editorial notes that while Malta formally committed itself to the general prohibition of discrimination under Protocol No. 12, this commitment has not been translated into national legislation. As a result, individuals cannot invoke the Protocol before Maltese courts, limiting access to effective remedies in cases of alleged discrimination by public authorities.

The article highlights the practical implications of this gap, pointing out that persons are often left with no option but to pursue lengthy and complex proceedings before the European Court of Human Rights in Strasbourg. It also underlines that this situation places Malta in a position where it is bound by international obligations that are not directly enforceable at national level.

The issues raised in the editorial echo concerns consistently highlighted by the Parliamentary Ombudsman, Judge Joseph Zammit McKeon, in reports, Ombudsplans, and public statements both locally and internationally. In a recent article, the Ombudsman again underlined that the absence of domestic implementation means that Maltese courts cannot apply Protocol No. 12 when adjudicating discrimination claims.

He described this as a serious shortcoming that remains unresolved, despite sustained efforts by the Office to bring the matter to the attention of the competent authorities.

The Ombudsman stressed that the European human rights system is built on the principle of subsidiarity, whereby national institutions are the primary guarantors of fundamental rights. When a ratified instrument is not incorporated into domestic law, this balance is undermined, as individuals are prevented from seeking effective protection within their own legal system.

He reiterated that incorporating Protocol No. 12 into Maltese law would strengthen the protection of equality, enhance the role of national courts, and ensure that human rights are safeguarded at national level.

The Ombudsman concluded by appealing for the matter to be addressed without further delay, noting that the effective protection of rights depends on their availability and enforceability within the domestic legal order.

Read the full editorial here: https://timesofmalta.com/article/editorial-wilful-omission-protocol.1126856