Fundamental Human Rights

What are fundamental human rights and to whom do they apply?

Every person, irrespective of their nationality, sex, religious beliefs, etc has basic rights and freedoms which are based on shared values like dignity, fairness, equality, and respect. These rights are protected by law and they can never be taken away from you, although they can sometimes be restricted. These fundamental human rights are protected by the Constitution of Malta, and also by the European Convention on Human Rights (Council of Europe) and the EU Charter of Fundamental Human Rights (European Union).

The Convention for the Protection of Human Rights and Fundamental Freedoms:

  • Article 1 – Obligation to respect human rights
  • Article 2 – Right to life
  • Article 3- Prohibition of torture
  • Article 4 – Prohibition of slavery and forced labour
  • Article 5 – Right to liberty and security
  • Article 6 – Right to fair trial
  • Article 7 – No punishment without law
  • Article 8 – Right to respect for private and family life
  • Article 9 – Freedom of thought, conscience and religion
  • Article 10 – Freedom of expression
  • Article 11 – Freedom of assembly and association
  • Article 12 – Right to marry
  • Article 13 – Right to an effective remedy
  • Article 14 – Prohibition of discrimination
  • Article 15 – Derogation in time of emergency
  • Article 16 – Restrictions on political activity of aliens
  • Article 17 – Prohibition of abuse of rights
  • Article 18 – Limitation on use of restrictions on rights

What is considered a human rights violation?

A human rights violation is any action or inaction which deprives an individual of their rights. For example, discrimination at work based on personal traits like sexuality or race; unlawful detention or detention under unsanitary and inhumane conditions; denial of health services; failure of the State to take effective measures against domestic violence.

What happens if I win my court case?

You will be awarded financial compensation, which depends on the severity of the case.

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