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ARTICLE · 07 NOVEMBER 2024

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Right Of Discrimination And Damages

GTG Legal
GTG Legal
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GTG Legal

GTG Legal

Since its founding in 1997, GTG has been at the forefront of Malta’s legal profession, blending...

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Malta by virtue of it being part of the United Nations and its constitution, provides protection against discrimination.

MaltaGovernment, Public Sector
Neil Gauci
Neil Gauci

Discrimination and Damages

Malta by virtue of it being part of the United Nations and its constitution, provides protection against discrimination. Discrimination shall be any act conveying an unequal treatment based on race, place of origin, political opinions, colour, creed, sex, sexual orientation or gender identity. The protection afforded by Maltese law relates to both provisions of the law, treatment by persons, public officials, or public authorities. Therefore, it is an indomitable right with strict consequences when violated.

It is a constitutional right and therefore, merits a court with constitutional competence to decide the matter. Nonetheless, Maltese Law bestows discretion to the Courts. This is because the Civil Court shall have original jurisdiction to hear such causes but it is allowed to decline a cause if it satisfied that there is an adequate means of redress. In Seychell vs. Grech pro et noe1, the Court stated that the human rights' articles

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