Malta is a small, densely-populated island nation of 450,000 inhabitants, located in the Mediterranean Sea, south of Sicily. It is a parliamentary republic and member state of the European Union. Despite opposition from the Catholic Church, which remains hugely influential, Malta has seen significant progressive reforms in recent years including the introduction of divorce and same-sex civil unions, and the abolition of the country’s “blasphemy” law.
Constitution and government |
Education and children’s rights |
Family, community, society, religious courts and tribunals |
Freedom of expression advocacy of humanist values |
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Constitution and government
Education and children’s rights
Family, community, society, religious courts and tribunals
Freedom of expression advocacy of humanist values
The state is secular, with separation of religious and political authorities, not discriminating against any religion or belief
Countries: Belgium, Brazil, Central African Republic, Congo, Republic of the, Ecuador, Estonia, Fiji, Gabon, Gambia, Guinea-Bissau, Japan, Kenya, Kosovo, Mongolia, Namibia, Nauru, Netherlands, São Tomé and Príncipe, Slovenia, South Africa, South Sudan, Suriname, Taiwan, Ukraine
Insufficient information or detail not included in this report
Religious or ideological instruction is mandatory in all or most state-funded schools with no secular or humanist alternative
Countries: Afghanistan, Algeria, Bahrain, Bangladesh, Belarus, Brunei Darussalam, Comoros, Croatia, Egypt, Eswatini, Ghana, Iran, Iraq, Kenya, Lebanon, Malaysia, Maldives, Mauritania, Morocco, Nigeria, Qatar, Saudi Arabia, Somalia, Sri Lanka, Sudan, Syria, Tunisia, Turkey, United Arab Emirates, Yemen, Zambia, Zimbabwe
No formal discrimination in education
Countries: Albania, Antigua and Barbuda, Austria, Azerbaijan, Belgium, Benin, Bhutan, Bolivia, Burkina Faso, Cape Verde, Central African Republic, Congo, Republic of the, Czech Republic, Ecuador, El Salvador, France, Gabon, Guinea-Bissau, Honduras, Iceland, India, Japan, Korea, Republic of, Kyrgyzstan, Madagascar, Mali, Mongolia, Montenegro, Mozambique, Namibia, Nauru, Netherlands, North Macedonia, Russia, São Tomé and Príncipe, Slovakia, Slovenia, South Africa, Sweden, Taiwan, Timor-Leste (East Timor), United States of America, Uruguay
Insufficient information or detail not included in this report
Religious courts or tribunals rule directly on some family or ‘moral’ matters; it is legally an opt-in system, but the possibility of social coercion is very clear
Countries: Comoros, Ethiopia, Gambia, Jamaica, Kenya, Lebanon, Niger, Philippines, Senegal, Trinidad and Tobago, United Kingdom
No religious tribunals of concern, secular groups operate freely, individuals are not persecuted by the state
Countries: Australia, Austria, Belgium, Benin, Bolivia, Bulgaria, Burkina Faso, Canada, Chile, Congo, Republic of the, Czech Republic, Dominica, Ecuador, Estonia, France, Ghana, Guatemala, Iceland, Japan, Korea, Republic of, Kosovo, Latvia, Luxembourg, Namibia, Nauru, Netherlands, New Zealand, Norway, Palau, Saint Kitts and Nevis, Saint Vincent and the Grenadines, San Marino, São Tomé and Príncipe, Slovenia, Sweden, Taiwan, Uruguay, Venezuela
Insufficient information or detail not included in this report
No fundamental restrictions on freedom of expression or advocacy of humanist values
Countries: Bahamas, Belgium, Costa Rica, Czech Republic, Iceland, Jamaica, Liechtenstein, Lithuania, Luxembourg, Marshall Islands, Micronesia, Netherlands, New Zealand, Norway, Palau, Romania, Slovenia, Sweden, United States of America
Insufficient information or detail not included in this report
Countries: no countries relate to this boundary condition
No condition holds in this strand
No condition holds in this strand
No condition holds in this strand
No condition holds in this strand
Countries: no countries relate to this boundary condition
Localised or infrequent but recurring and widespread social marginalisation or prejudice against the non-religious
This condition is unusual in that it is applied in cases where there is some social discrimination, but it is not pervasive or nationwide. This condition is applied when there is sufficient background evidence to warrant the assertion that discrimination is not anomalous but widespread, and this condition may be applied for example even where if there is no legislative discrimination or where the non-religious may have legal recourse against such discrimination. However, societal discrimination (i.e. discrimination by peers, as opposed to state or legal discrimination) is not easily measured, and for this reason the Report does not currently have similar more severe boundary conditions to capture higher levels of social discrimination per se. In principle these may be introduced in future. However, we consider that countries with actual higher levels of social discrimination against the non-religious will generally already meet other higher level (more severe) boundary conditions under this thematic strand.
The dominant influence of religion in public life undermines the right to equality and/or non-discrimination
Applied when the influence of religion on public life undermines others’ rights, such as SRHR, women’s rights, LGBTI+ rights.
May be applied when the influence is overt (i.e. when religious laws are applied to undermine others’ rights) or covert (i.e. where religious pressure groups exert influence to affect policy)
Countries: Albania, Andorra, Antigua and Barbuda, Armenia, Bahamas, Belize, Bolivia, Brunei Darussalam, Burundi, Chile, Congo, Democratic Republic of, Croatia, Cuba, Dominica, Dominican Republic, El Salvador, Eritrea, Eswatini, Fiji, Gambia, Ghana, Guatemala, Guinea, Hungary, Iran, Italy, Jamaica, Jordan, Liberia, Lithuania, Mexico, Moldova, Montenegro, Mozambique, Nicaragua, Nigeria, North Macedonia, Oman, Paraguay, Qatar, Romania, Russia, Saint Lucia, Saint Vincent and the Grenadines, Saudi Arabia, Senegal, Slovakia, Solomon Islands, Sri Lanka, Suriname, Timor-Leste (East Timor), Trinidad and Tobago, Ukraine, Zambia
Use of Conscientious Objection clauses resulting in the denial of lawful services to women and LGBTI+ people
Complete tyranny precludes all freedoms of expression and thought, religion or belief
Applied when overriding acts of oppression by the State are extreme, to the extent that the question of freedom of thought and expression is almost redundant, because all human rights and freedoms are quashed by authorities.
The non-religious are barred from some government offices (including posts reserved for particular religions or sects)
Countries: Algeria, Bosnia and Herzegovina, Comoros, Eritrea, Lebanon, Malaysia, Mauritania, Morocco, Myanmar (Burma), Saudi Arabia, Somalia, Syria, Thailand, Tunisia, United Arab Emirates, Yemen
There is systematic religious privilege
Countries: Algeria, Argentina, Armenia, Bahrain, Belize, Botswana, Brazil, Cambodia, Costa Rica, Croatia, Cyprus, Denmark, Dominican Republic, Egypt, El Salvador, Eritrea, Finland, Georgia, Germany, Ghana, Greece, Guinea, Guyana, Haiti, Honduras, Hungary, Iceland, Ireland, Israel, Italy, Jamaica, Latvia, Libya, Liechtenstein, Lithuania, Madagascar, Malta, Moldova, Nepal, Palestine, Papua New Guinea, Peru, Philippines, Poland, Romania, Russia, Rwanda, Saint Lucia, Serbia, Slovakia, Spain, Sri Lanka, Thailand, Timor-Leste (East Timor), Togo, Tunisia, United Kingdom, Zambia, Zimbabwe
There is a nominal state church with few privileges or progress is being made toward disestablishment
Religious or ideological indoctrination is utterly pervasive in schools
There is state funding of at least some religious schools
Countries: Argentina, Australia, Bangladesh, Belize, Brunei Darussalam, Burundi, Cameroon, Canada, Comoros, Costa Rica, Croatia, Denmark, Dominica, Egypt, Equatorial Guinea, Fiji, Finland, Germany, Ghana, Guinea, Guyana, Haiti, Hungary, Ireland, Israel, Jamaica, Kosovo, Lesotho, Liberia, Libya, Liechtenstein, Lithuania, Luxembourg, Malawi, Malaysia, Maldives, Malta, Marshall Islands, Mauritius, Mexico, Micronesia, Morocco, Nepal, New Zealand, Nicaragua, Niger, Pakistan, Palau, Papua New Guinea, Paraguay, Philippines, Poland, Rwanda, Saint Kitts and Nevis, Saint Lucia, Samoa, Senegal, Sierra Leone, Singapore, Solomon Islands, Spain, Sri Lanka, Suriname, Switzerland, Togo, Trinidad and Tobago, Tunisia, United Kingdom, Vanuatu, Venezuela, Yemen, Zimbabwe
State-funded schools offer religious or ideological instruction with no secular or humanist alternative, but it is optional
Countries: Bahamas, Barbados, Belize, Bosnia and Herzegovina, Botswana, Brazil, Bulgaria, Chile, Colombia, Costa Rica, Cyprus, Denmark, Dominica, Equatorial Guinea, Estonia, Fiji, Finland, Gambia, Germany, Greece, Grenada, Guatemala, Italy, Kiribati, Liberia, Liechtenstein, Moldova, Monaco, New Zealand, Oman, Panama, Papua New Guinea, Paraguay, Peru, Poland, Portugal, Romania, Rwanda, Saint Lucia, Senegal, Serbia, Seychelles, Solomon Islands, Spain, Tanzania, Tonga, Trinidad and Tobago, United Kingdom, Vanuatu, Venezuela
Expression of non-religious views is severely persecuted, or is rendered almost impossible by severe social stigma, or is highly likely to be met with hatred or violence
The non-religious are persecuted socially or there are prohibitive social taboos against atheism, humanism or secularism
Countries: Algeria, Bangladesh, India, Indonesia, Jordan, Malaysia, Maldives, Nigeria, Oman, Rwanda, Sri Lanka, Turkey
There is significant social marginalisation of the non-religious or stigma associated with expressing atheism, humanism or secularism
Countries: Bangladesh, Barbados, Colombia, Egypt, Georgia, Ghana, Guyana, Iraq, Malaysia, Poland, Samoa, Tajikistan, Tunisia, Uganda
Expression of core Humanist principles on democracy, freedom and human rights is brutally repressed
Countries: Afghanistan, Bahrain, Brunei Darussalam, Chad, China, Eritrea, Iran, Kuwait, Mauritania, North Korea, Pakistan, Qatar, Saudi Arabia, Sudan, Syria, United Arab Emirates, Yemen
Expression of core humanist principles on democracy, freedom or human rights is severely restricted
Countries: Algeria, Angola, Azerbaijan, Bangladesh, Belarus, Brazil, Burundi, Central African Republic, Congo, Democratic Republic of, Cuba, Djibouti, Egypt, Equatorial Guinea, Eswatini, Gabon, Gambia, Guinea, Honduras, Hungary, India, Indonesia, Iraq, Kazakhstan, Laos, Libya, Malaysia, Maldives, Morocco, Nicaragua, Nigeria, Oman, Philippines, Russia, Rwanda, Samoa, Somalia, Sudan, Tajikistan, Thailand, Togo, Tunisia, Turkmenistan, Uzbekistan, Venezuela, Viet Nam, Zambia, Zimbabwe
Expression of core humanist principles on democracy, freedom or human rights is somewhat restricted
Countries: Andorra, Armenia, Benin, Bhutan, Burkina Faso, Cambodia, Cameroon, Congo, Republic of the, Côte d'Ivoire, Dominican Republic, Guatemala, Guinea-Bissau, Israel, Jordan, Kenya, Kyrgyzstan, Lebanon, Lesotho, Liberia, Madagascar, Malawi, Malaysia, Mali, Mexico, Mozambique, Myanmar (Burma), Niger, Panama, Paraguay, Poland, Senegal, Sierra Leone, Singapore, South Africa, South Sudan, Sri Lanka, Tanzania, Turkey, Tuvalu, Uganda
Some concerns about political or media freedoms, not specific to the non-religious
Countries: Albania, Antigua and Barbuda, Argentina, Austria, Bangladesh, Belize, Bolivia, Bosnia and Herzegovina, Botswana, Bulgaria, Cameroon, Canada, Cape Verde, Chile, Colombia, Croatia, Denmark, Dominica, Ecuador, El Salvador, Equatorial Guinea, Estonia, Ethiopia, Fiji, France, Gambia, Georgia, Ghana, Greece, Guinea-Bissau, Guyana, Haiti, Hungary, India, Ireland, Japan, Jordan, Kenya, Korea, Republic of, Kosovo, Kuwait, Laos, Latvia, Lebanon, Liberia, Madagascar, Malawi, Mauritius, Mexico, Moldova, Monaco, Mongolia, Montenegro, Namibia, Nauru, Nepal, Niger, Nigeria, North Macedonia, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Rwanda, Saint Kitts and Nevis, Saint Vincent and the Grenadines, Serbia, Seychelles, Singapore, Slovakia, Solomon Islands, Spain, Sri Lanka, Tajikistan, Tanzania, Thailand, Timor-Leste (East Timor), Tonga, Turkey, Ukraine, United Kingdom, Uruguay, Vanuatu, Viet Nam, Zambia
Religious authorities have supreme authority over the state
State legislation is partly derived from religious law or by religious authorities
Countries: Algeria, Bangladesh, Bosnia and Herzegovina, Comoros, Egypt, Indonesia, Iraq, Israel, Lebanon, Malaysia, Morocco, Nigeria, Oman, Pakistan, Palestine, Qatar, Tanzania, Trinidad and Tobago, Tunisia, United Arab Emirates
Preferential treatment is given to a religion or religion in general
This condition is applied where there are miscellaneous indicators that organs of the state offer various forms of support for a religion, or to religion in general over non-religious worldviews, suggesting a preference for those beliefs, or that the organs of that religion are privileged.
Countries: Albania, Algeria, Andorra, Antigua and Barbuda, Argentina, Australia, Austria, Bahamas, Belize, Bhutan, Bolivia, Bosnia and Herzegovina, Brazil, Burundi, Canada, Cape Verde, Colombia, Croatia, Cyprus, Czech Republic, Denmark, Dominican Republic, Equatorial Guinea, Eritrea, Ethiopia, Finland, Germany, Ghana, Guatemala, Guyana, Haiti, Iceland, India, Indonesia, Ireland, Israel, Italy, Jamaica, Japan, Kuwait, Kyrgyzstan, Liberia, Lithuania, Luxembourg, Madagascar, Malawi, Malaysia, Mali, Malta, Mauritania, Mauritius, Montenegro, Mozambique, Nepal, New Zealand, Nigeria, North Macedonia, Oman, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Romania, Rwanda, San Marino, Serbia, Seychelles, Sierra Leone, Singapore, Slovakia, Solomon Islands, Sri Lanka, Tajikistan, Tanzania, Timor-Leste (East Timor), Tunisia, Turkey, Tuvalu, United Kingdom, Vanuatu, Venezuela, Zimbabwe
Official symbolic deference to religion
Countries: Albania, Andorra, Antigua and Barbuda, Argentina, Australia, Bahamas, Barbados, Belize, Benin, Bhutan, Botswana, Bulgaria, Cameroon, Canada, Chile, Colombia, Congo, Democratic Republic of, Croatia, Cyprus, Djibouti, Dominica, El Salvador, Equatorial Guinea, Eswatini, Finland, Germany, Grenada, Guatemala, Guyana, Hungary, Ireland, Italy, Jamaica, Kiribati, Korea, Republic of, Laos, Latvia, Liberia, Malawi, Malaysia, Mali, Malta, Marshall Islands, Micronesia, Moldova, Monaco, Myanmar (Burma), Nepal, New Zealand, Nicaragua, Niger, Nigeria, Norway, Palau, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Romania, Russia, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, San Marino, Serbia, Singapore, Tanzania, Thailand, Trinidad and Tobago, Turkey, Turkmenistan, Uganda, United Kingdom, United States of America, Vanuatu, Zimbabwe
Religious or ideological instruction in a significant number of schools is of a coercive fundamentalist or extremist variety
This condition highlights countries where schools subject children to fundamentalist religious instruction with no real opportunity to question fundamentalist tenets, or where lessons routinely encourage hatred (for example religious or ethnic hatred). The wording “significant number of schools” is not given a rigid quantification (sometimes the worst-offending schools are unregistered, illegal, or otherwise uncounted); however the condition is not applied in cases where only a small number of schools meet the description and may be anomalous, as opposed to being indicative of a widespread problem.
Religious schools have powers to discriminate in admissions or employment
Countries: Argentina, Armenia, Bangladesh, Bosnia and Herzegovina, Canada, Equatorial Guinea, Finland, Germany, Haiti, Hungary, Ireland, Israel, Jamaica, Lebanon, Malawi, Malaysia, Maldives, Malta, Mauritius, Morocco, Myanmar (Burma), Sri Lanka, Uganda, United Kingdom, Zimbabwe
State-funded schools provide religious education which may be nominally comprehensive but is substantively biased or borderline confessional
There is a pattern of impunity or collusion in violence by non-state actors against the nonreligious
Systemic religious privilege results in significant social discrimination
Countries: Afghanistan, Angola, Bangladesh, Barbados, Belarus, Bosnia and Herzegovina, Brazil, Brunei Darussalam, Central African Republic, Chad, Comoros, Djibouti, Egypt, Equatorial Guinea, Eritrea, Eswatini, Ghana, Guinea, Guyana, Hungary, India, Indonesia, Iran, Iraq, Israel, Jordan, Kuwait, Latvia, Lebanon, Madagascar, Malaysia, Mauritania, Morocco, Myanmar (Burma), Nepal, Oman, Palestine, Paraguay, Qatar, Russia, Samoa, Saudi Arabia, Serbia, Somalia, Sri Lanka, Sudan, Syria, Thailand, Tunisia, United Arab Emirates, Yemen, Zimbabwe
Some religious courts rule in civil or family matters on a coercive or discriminatory basis
Countries: Bangladesh, Comoros, Egypt, Haiti, Jamaica, Malaysia, Nigeria, Palestine, Philippines, Singapore, Turkey
‘Apostasy’ or conversion from a specific religion is outlawed and punishable by death
Countries: Afghanistan, Brunei Darussalam, Iran, Malaysia, Maldives, Mauritania, Nigeria, Qatar, Saudi Arabia, Somalia, Yemen
‘Apostasy’ is outlawed and punishable with a prison sentence
Blasphemy or criticism of religion is restricted in law and is punishable by a fine
Countries: Australia, Austria, Barbados, Brazil, Cambodia, Finland, Italy, Kyrgyzstan, Lebanon, Libya, Malaysia, Moldova, Montenegro, Philippines, Poland, Portugal, Saint Lucia, South Africa, Spain, Switzerland, Taiwan, Thailand, Trinidad and Tobago, Turkmenistan, Uganda, United Kingdom
Concerns that secular or religious authorities interfere in specifically religious freedoms
Countries: Angola, Azerbaijan, Bulgaria, Burundi, Cameroon, China, Congo, Republic of the, Denmark, Ethiopia, Germany, Ghana, Haiti, Hungary, Italy, Kenya, Kyrgyzstan, Laos, Lebanon, Malawi, Malaysia, Malta, Mauritania, Mexico, Nepal, North Korea, Paraguay, Peru, Philippines, Poland, Serbia, Singapore, Tajikistan, Tonga, Turkey, Turkmenistan, Tuvalu, Ukraine, Uzbekistan, Vanuatu, Venezuela, Viet Nam
State legislation is largely or entirely derived from religious law or by religious authorities
Countries: Afghanistan, Bahrain, Brunei Darussalam, Iran, Jordan, Kuwait, Libya, Maldives, Mauritania, Saudi Arabia, Somalia, Sudan, Syria, United Arab Emirates, Yemen
There is an established church or state religion
Countries: Algeria, Argentina, Bahrain, Bangladesh, Belarus, Brunei Darussalam, Cambodia, Costa Rica, Denmark, Djibouti, Dominican Republic, Finland, Georgia, Haiti, Iceland, Indonesia, Iran, Israel, Jordan, Kuwait, Libya, Liechtenstein, Malaysia, Maldives, Malta, Mauritania, Monaco, Morocco, Myanmar (Burma), Oman, Pakistan, Qatar, Saudi Arabia, Tunisia, Tuvalu, United Kingdom, Yemen, Zambia
Anomalous discrimination by local or provincial authorities, or overseas territories
Countries: Cameroon, Dominica, Ethiopia, France, Ghana, Guinea, India, Jamaica, Malawi, Malaysia, Mexico, Micronesia, Mongolia, Niger, Paraguay, Peru, Philippines, Rwanda, Switzerland, Thailand, Tonga, Tuvalu, Ukraine, United Kingdom, United States of America
Religious or ideological instruction is mandatory in at least some public schools (without secular or humanist alternatives)
Countries: Argentina, Armenia, Belize, Cambodia, Chad, China, Dominica, Dominican Republic, Georgia, Germany, Guinea, Haiti, Hungary, Indonesia, Ireland, Jamaica, Jordan, Kosovo, Kuwait, Lesotho, Libya, Malawi, Malaysia, Myanmar (Burma), Nepal, Nicaragua, Niger, Palestine, Peru, Philippines, Samoa, Switzerland, Thailand, Uganda, United Kingdom
Government figures or state agencies openly marginalize, harass, or incite hatred or violence against the non-religious
Countries: Afghanistan, Egypt, Hungary, Iran, Malaysia, Maldives, Mauritania, Morocco, Pakistan, Saudi Arabia, Sudan
Government authorities push a socially conservative, religiously or ideologically inspired agenda, without regard to the rights of those with progressive views
Countries: Afghanistan, Algeria, Brazil, Brunei Darussalam, Burundi, China, Cuba, Dominican Republic, Estonia, Grenada, Hungary, India, Iran, Iraq, Israel, Italy, Kyrgyzstan, Madagascar, Malaysia, Montenegro, Morocco, Nicaragua, Nigeria, North Macedonia, Pakistan, Panama, Papua New Guinea, Poland, Russia, Saint Lucia, Saudi Arabia, Seychelles, Slovakia, Sri Lanka, Sudan, Tanzania, Togo, Trinidad and Tobago, Turkey, Uganda, United Arab Emirates, Vanuatu, Viet Nam, Yemen, Zimbabwe
Discriminatory prominence is given to religious bodies, traditions or leaders
Countries: Algeria, Andorra, Argentina, Armenia, Azerbaijan, Bahamas, Bahrain, Benin, Bhutan, Bosnia and Herzegovina, Brunei Darussalam, Bulgaria, Cambodia, Cameroon, Cape Verde, Central African Republic, Chad, Chile, Colombia, Costa Rica, Croatia, Denmark, Egypt, Equatorial Guinea, Eswatini, Ethiopia, Finland, Gambia, Georgia, Germany, Haiti, Indonesia, Iran, Israel, Italy, Jamaica, Japan, Jordan, Kiribati, Liberia, Libya, Liechtenstein, Lithuania, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Mauritania, Mauritius, Micronesia, Moldova, Morocco, Myanmar (Burma), Nepal, Nigeria, Oman, Papua New Guinea, Philippines, Qatar, Romania, Samoa, Sierra Leone, Slovakia, Solomon Islands, Spain, Sri Lanka, Thailand, Timor-Leste (East Timor), Tonga, Tunisia, Tuvalu, Uganda, Ukraine, United Kingdom, United States of America, Yemen, Zambia, Zimbabwe
‘Blasphemy’ or criticism of religion is outlawed and punishable by death
‘Blasphemy’ is outlawed or criticism of religion (including de facto ‘blasphemy’ laws) is restricted and punishable with a prison sentence
Countries: Algeria, Andorra, Antigua and Barbuda, Bahrain, Bangladesh, Cameroon, Cape Verde, Comoros, Cyprus, Egypt, El Salvador, Eritrea, Ethiopia, Finland, Gambia, Germany, Grenada, Guyana, India, Indonesia, Iraq, Israel, Jordan, Kazakhstan, Kiribati, Kuwait, Lebanon, Malawi, Malaysia, Maldives, Morocco, Myanmar (Burma), Nepal, Oman, Palestine, Papua New Guinea, Poland, Qatar, Russia, Rwanda, Saint Vincent and the Grenadines, San Marino, São Tomé and Príncipe, Seychelles, Singapore, Slovakia, Solomon Islands, Somalia, Sri Lanka, Sudan, Suriname, Tanzania, Thailand, Trinidad and Tobago, Tunisia, Turkey, United Arab Emirates, Vanuatu, Yemen, Zambia, Zimbabwe
Quasi-divine veneration of a ruling elite is enforced, or a single-party regime holds uncontested power, subject to severe punishment
Legal or constitutional provisions exclude non-religious views from freedom of belief
Countries: Argentina, Burundi, Canada, Eritrea, Haiti, Jordan, Madagascar, Malaysia, Morocco, Oman, Philippines, Qatar, Rwanda, Sri Lanka, Tonga
It is illegal to register an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization, or such groups are persecuted by authorities
Countries: Afghanistan, Brunei Darussalam, Burundi, China, Egypt, Indonesia, Iran, Kuwait, Maldives, Morocco, North Korea, Oman, Qatar, Saudi Arabia, Sudan, United Arab Emirates, Yemen
Prohibitive interreligious social control (including interreligious marriage bans)
Countries: Afghanistan, Algeria, Bangladesh, Brunei Darussalam, Djibouti, Egypt, Indonesia, Iraq, Israel, Libya, Maldives, Mauritania, Morocco, Myanmar (Burma), Nigeria, Oman, Pakistan, Qatar, Saudi Arabia, Somalia, Sri Lanka, Sudan, Syria, Tunisia, United Arab Emirates, Yemen
Religious groups control some public or social services
Countries: Algeria, Argentina, Bosnia and Herzegovina, Canada, Central African Republic, Chad, Denmark, Germany, Haiti, Hungary, Indonesia, Ireland, Israel, Italy, Jamaica, Malawi, Malaysia, Malta, Marshall Islands, Papua New Guinea, Peru, Philippines, Rwanda, Solomon Islands, Switzerland, Tunisia, United Kingdom, Vanuatu
It is illegal to advocate secularism or church-state separation, or such advocacy is suppressed
Countries: Afghanistan, Brunei Darussalam, Comoros, Indonesia, Iran, Jordan, Kuwait, Malaysia, Maldives, Oman, Pakistan, Qatar, Saudi Arabia, Sudan, United Arab Emirates, Yemen
The non-religious are barred from holding government office
There is a religious tax or tithing which is compulsory, or which is state-administered and discriminates by precluding non-religious groups
Countries: Argentina, Austria, Denmark, Finland, Germany, Ghana, Haiti, Hungary, Italy, Pakistan, Peru, Rwanda, Samoa, Sweden, Switzerland
Religious control over family law or legislation on moral matters
Countries: Afghanistan, Algeria, Bahrain, Bangladesh, Belize, Brunei Darussalam, Burundi, Comoros, Djibouti, Egypt, Indonesia, Iran, Iraq, Israel, Jordan, Kuwait, Libya, Malaysia, Maldives, Mauritania, Morocco, Nigeria, Oman, Pakistan, Qatar, Saudi Arabia, Somalia, Sri Lanka, Sudan, Syria, Tanzania, Tunisia, United Arab Emirates, Yemen
It is illegal or unrecognised to identify as an atheist or as non-religious
Countries: Comoros, Egypt, Eritrea, Indonesia, Iran, Iraq, Jordan, Malaysia, Maldives, Morocco, Oman, Pakistan, Saudi Arabia, Somalia, United Arab Emirates
Some concerns about children's right to specifically religious freedom
This condition may apply if specifically religious education, religious materials, or specific religious denominations are so tightly controlled that children are in fact over-protected from exposure to religion and are likely unable to explore or construct their own worldview in accordance with their evolving capacities. This condition helps us to classify states (perhaps with secular constitutions) which have criminalized specifically religious beliefs or practices. This condition is not applied if the restricted beliefs or practices are found to be outlawed due to their being of an extremist variety. While this condition does not directly reflect discrimination against non-religious persons or non-religious ideas, it does represent an overall threat to freedom of thought, conscience, religion or belief; such restrictions could spill over to affect non-religious beliefs later; and they pose a risk of backlash against over-zealous secular authorities or even against non-religious individuals by association.
Countries: China, Congo, Democratic Republic of, Cuba, Eritrea, Ethiopia, Guinea, Guyana, Italy, Kazakhstan, Laos, Madagascar, Mexico, North Macedonia, Romania, Serbia, Tajikistan, Togo, Turkmenistan, Uzbekistan, Viet Nam, Zimbabwe
State-funding of religious institutions or salaries, or discriminatory tax exemptions
Countries: Algeria, Andorra, Angola, Argentina, Armenia, Australia, Austria, Azerbaijan, Bhutan, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Cambodia, Cameroon, Canada, Cape Verde, Chad, Congo, Democratic Republic of, Costa Rica, Côte d'Ivoire, Croatia, Cyprus, Czech Republic, Denmark, Egypt, El Salvador, Equatorial Guinea, Estonia, Eswatini, Finland, Georgia, Germany, Greece, Guinea, Haiti, Honduras, Hungary, Iceland, Iran, Ireland, Israel, Italy, Jamaica, Jordan, Korea, Republic of, Latvia, Liechtenstein, Lithuania, Luxembourg, Malaysia, Maldives, Malta, Mauritius, Montenegro, Myanmar (Burma), Namibia, Nepal, New Zealand, Nicaragua, North Macedonia, Norway, Oman, Pakistan, Papua New Guinea, Paraguay, Peru, Poland, Romania, Russia, Saudi Arabia, Senegal, Serbia, Slovakia, Spain, Suriname, Switzerland, Thailand, Timor-Leste (East Timor), Togo, Tunisia, Turkey, Turkmenistan, United Kingdom, Uruguay, Vanuatu, Venezuela, Yemen, Zimbabwe
It is made difficult to register or operate an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization
Countries: Algeria, Azerbaijan, Bangladesh, Belarus, Comoros, Congo, Democratic Republic of, Egypt, Eritrea, Malaysia, Mauritania, Nigeria, Pakistan, Palestine, Senegal, Somalia, Tunisia, United Arab Emirates, Uzbekistan
Systemic Discrimination |
Mostly Satisfactory |
Constitution and government
Freedom of conscience, religion, and expression are protected in law (Articles 40 and 41, Constitution of Malta). However, in practice, strong preference is afforded to the Roman Catholic Church, and Catholicism remains the official state religion of Malta (Article 2).
Education and children’s rights
The constitution prescribes religious teaching of the Catholic faith as compulsory education in all State schools:
Article 2:
(1) The religion of Malta is the Roman Catholic Apostolic Religion.
(2) The authorities of the Roman Catholic Apostolic Church have the duty and the right to teach which principles are right and which are wrong.
(3) Religious teaching of the Roman Catholic Apostolic Faith shall be provided in all State schools as part of compulsory education.
However, this last point, Article 2 paragraph 3, is restricted by Article 40 of the Constitution, which provides exceptions:
Article 40:
[…] (2) No person shall be required to receive instruction in religion or to show knowledge or proficiency in religion if, in the case of a person who has not attained the age of sixteen years, objection to such requirement is made by the person who according to law has authority over him and, in any other case, if the person so required objects thereto: Provided that no such requirement shall be held to be inconsistent with or in contravention of this article to the extent that the knowledge of, or the proficiency or instruction in, religion is required for the teaching of such religion, or for admission to the priesthood or to a religious order, or for other religious purposes, and except so far as that requirement is shown not to be reasonably justifiable in a democratic society. […]
About 30% of primary and secondary students in Malta attend private schools, which are predominantly run by the Catholic Church and funded to a large degree by the state.
Following the 1993 concordat between the Vatican and Malta, the state is responsible for all salaries of teaching staff in Catholic schools (with minor contributions from the church), while the church is responsible for the maintenance of the school buildings.
<vatican.va/roman_curia/secretariat_state/archivio/documents/rc_seg-st_19930218_santa-sede-rep-malta-scuole_en.html>
Regarding State schools, Mary Darmanin (in Religious Education in a Multicultural Europe: Children, Parents and Schools, Palgrave Macmillan, 2013) notes: “Although not obliged to be denominational by the Education Act, State schools in Malta function as de facto Catholic schools in terms of their school ethos and formal RE [religious education] curriculum.” Crucifixes are displayed in classrooms of both Catholic and State schools.
In 2014, schools began to introduce Ethics as a new (non-religious) subject to provide an alternative for those students who opt-out of Religious Studies. The Malta Humanist Association was consulted for drawing up a syllabus for this new subject.)
<independent.com.mt/articles/2014-01-24/news/ethics-to-be-offered-in-government-schools-instead-of-religion-as-from-september-3770875906/>
Family, community and society
Religious oaths
In courts, the default convention is for oaths to be taken on a crucifix. Although a secular oath may be requested, non-religious defendants and witnesses are likely to abstain from this option, for fear of a negative bias in the proceedings. The same is true for the default oath of service for elected parliamentarians that ends with “so help me God”, which is expected to be accompanied by kissing a crucifix.
Freedom of expression, advocacy of humanist values
“Blasphemy” law
In 2016 the law on “vilification” of religion, which had criminalized speech on a broad swathe of topics and was frequently used, was finally abolished.
Introducing the bill for abolition in 2016, justice minister Owen Bonnici had said that: “In a democratic country, people should be free to make fun of religions, while not inciting hatred.” Parliament approved the bill at its third and final reading in plenary on 12 July 2016.
The “vilification of religion” law (Article 163 of the penal code) had not been dead letter at the time of its abolition. It had been invoked actively.
<independent.com.mt/articles/2012-12-02/news/malta-among-dwindling-number-of-eu-states-still-with-blasphemy-laws-470450177/>
In 2009, for example, a man received a suspended jail sentence for dressing up as Jesus for carnival and there were 99 convictions for “blasphemy” recorded between January 2012 and September 2012.
<maltatoday.com.mt/news/court_and_police/26215/99-convicted-for-public-blasphemy-in-2012-20130420>
Malta’s criminal code had contained a bill (133) on “crimes against the religious sentiment”, which avoided the word “blasphemy”, but in effect described actions in broad terms that encompass blasphemy:
“Article 163: Whosoever by words, gestures, written matter, whether printed or not, or pictures or by some other visible means, publicly vilifies the Roman Catholic Apostolic Religion which is the religion of Malta, or gives offence to the Roman Catholic Apostolic Religion by vilifying those who profess such religion or its ministers, or anything which forms the object of, or is consecrated to, or is necessarily destined for Roman Catholic worship, shall, on conviction, be liable to imprisonment for a term from one to six months.
Article 164: Whosoever commits any of the acts referred to in the last preceding article against any cult tolerated by law, shall, on conviction, be liable to imprisonment for a term from one to three months.”
There was a mixed response to the abolition in Malta. The Malta Humanist Association had campaigned for the reform on the basis of free expression and equality and of course welcomed the abolition, while Archbishop Charles Scicluna tweeted: “A sad day for Malta. Lord forgive them: they do not know what they do.”
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