In its ongoing commitment to advancing human rights and promoting access to justice for all, Aditus Foundation have published a comprehensive report addressing critical areas for legal reform. Entitled ‘Strengthening Access to Justice for Improved Human Rights Protection ‒ A Prioritised List of Recommendations’, the report offers an analysis and actionable recommendations to address systemic challenges within the legal landscape.
While Malta has a relatively strong human rights regime that seeks to protect a long list of fundamental human rights, the practical protection offered to persons whose rights have been violated or might be violated is rather weak.
These obstacles to effective protection have been highlighted by several monitoring bodies and published reports, including those by the Venice Commission, the European Parliament, the European Commission and in the Kummissjoni Għal Riforma Ħolistika Fil-Qasam tal-Ġustizzja report on Malta’s justice system.
This paper sets out the prioritised list of goals as identified by Aditus in the study carried out in implementation of the ‘Strengthening Access to Justice for Improved Human Rights Protection’ project funded by Active Citizens Fund (ACF). While there is much to be done, we believe that changes in these areas would significantly improve effective protection for the fundamental rights of the most vulnerable in society. We delve into seven key areas urging policymakers to prioritise legal reforms that uphold the principles of equality, independence and transparency.
In our report, we emphasise the importance of robust equality legislation to combat discrimination and promote equal treatment for all individuals. We call for the enactment of comprehensive anti-discrimination laws that protect against discrimination on the basis of race, ethnicity, gender, sexual orientation, disability and other protected characteristics.
Additionally, we advocate for measures to ensure effective enforcement of these laws, including the establishment of an independent equality body tasked with monitoring compliance and investigating complaints of discrimination.
A cornerstone of a fair and impartial justice system is the independence of the judiciary. We stress the need for safeguards to protect judicial independence, including measures to insulate judges from political interference and ensure their impartiality in adjudicating cases.
Furthermore, several Acts of Parliament grant individual ministers the authority to appoint members of quasi-judicial bodies, committees, commissions and similar entities, these having the mandate to decide on appeals or applications presented to them by any person.
Transparency and accountability are essential components of a functioning democracy
In Malta’s Recovery and Resilience Plan agreed upon with the European Council in 2021, the government bound itself to a review of the independence of specialised tribunals, which reform should be implemented by March 31, 2026. In the review of the tribunal structure there needs to be clear independent appointment and dismissal procedures, a change of the composition of the board to ensure impartiality and clear procedural guarantees.
Transparency and accountability are essential components of a functioning democracy. We advocate for measures to enhance governance and transparency, including the establishment of robust anti-corruption mechanisms and the promotion of open government practices.
By increasing transparency in decision-making processes and holding public officials accountable for their actions, we can foster public trust in the legal system and promote the rule of law.
Corruption and financial crime pose significant threats to the integrity of the legal system and undermine public confidence in the rule of law. Our report calls for measures to combat corruption and financial crime, including the strengthening of anti-corruption laws and the enforcement of strict penalties for those found guilty of engaging in corrupt practices. We also advocate for measures to enhance transparency in financial transactions and improve oversight of financial institutions to prevent illicit activities.
Access to legal aid is essential for ensuring equal access to justice for all individuals, regardless of their financial means. There is need to further increase the minimum wage threshold to take into account the increase in the cost of living, especially in relation to individuals with families and older people, who, although they may own property, do not have substantial disposable incomes.
There is also a need to expand the legal aid services available to include, for example, pre-litigation advice in order to provide assistance to those who cannot afford legal representation.
Finally, international human rights instruments play a crucial role in promoting and protecting human rights around the world. As part of Malta’s international and regional commitments, it has been noted that Malta still has not accepted some individual complaint procedures in relation to a number of conventions that it has already ratified.
It is through individual complaints that human rights are given concrete meaning by allowing individuals to complain directly should they feel that they were a victim of a violation of rights contained in international human rights treaties.
Therefore, in order to strengthen access to justice for fundamental rights breaches, it is imperative that Malta ratifies the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW-OP), the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (CESCROP) and the Optional Protocol to the Convention on the Rights of the Child (CRC-OPIC).
In conclusion, Aditus Foundation urges policymakers to heed the recommendations outlined in our report and take decisive action to reform the legal system. By prioritising equality, independence, transparency and accountability we can build a legal system that serves the interests of all individuals and upholds the principles of justice and human rights.
Carla CamilleriCarla Camilleri is assistant director of Aditus Foundation.
Aditus Foundation is a non-profit organisation dedicated to promoting access to justice and advancing human rights for all individuals.