Malta

Paragraph 303
Section 36(1) [of the Constitution of Malta] lays down an entrenched human right that “no person shall be required to perform forced labour”.

7. Right to work
The State recognises the right of all citizens to work and shall promote such conditions as will make this right effective.
12. Protection of work
1. The State shall protect work.
2. It shall provide for the professional or vocational training and advancement of workers.
13. Hours of work
1. The maximum number of hours of work per day shall be fixed by law.
2. The worker is entitled to a weekly day of rest and to annual holidays with pay; he cannot renounce this right.
15. Minimum age for paid labour
The minimum age for paid labour shall be prescribed by law.
16. Safeguarding labour of minors
The State shall provide for safeguarding the labour of minors and assure to them the right to equal pay for equal work.
32. Fundamental rights and freedoms of the individual
Whereas every person in Malta is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever his race, place of origin, political opinions, colour, creed, sex, sexual orientation or gender identity, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely –
a. life, liberty, security of the person, the enjoyment of property and the protection of the law;
b. freedom of conscience, of expression and of peaceful assembly and association; and
c. respect for his private and family life,
the subsequent provisions of this Chapter shall have effect for the purpose of affording protection to the aforesaid rights and freedoms, subject to such limitations of that protection as are contained in those provisions being limitations designed to ensure that the enjoyment of the said rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest.
34. Protection from arbitrary arrest or detention
1.No person shall be deprived of his personal liberty save as may be authorised by law in the following cases, that is to say –
35. Protection from forced labour
1. No person shall be required to perform forced labour.
2. For the purposes of this article, the expression “forced labour” does not include –
a. any labour required in consequence of the sentence or order of a court;
b. labour required of any person while he is lawfully detained by sentence or order of a court that, though not required in consequence of such sentence or order, is reasonably necessary in the interests of hygiene or for the maintenance of the place at which he is detained or, if he is detained for the purpose of his care, treatment, education or welfare, is reasonably required for that purpose;
c. any labour required of a member of a disciplined force in pursuance of his duties as such or, in the case of a person who has conscientious objections to service as a member of a naval, military or air force, any labour that that person is required by law to perform in place of such service;
d. any labour required during a period of public emergency or in the event of any other emergency or calamity that threatens the life or well-being of the community.
36. Protection from inhuman treatment
1. No person shall be subjected to inhuman or degrading punishment or treatment.
44. Protection of freedom of movement
1. No citizen of Malta shall be deprived of his freedom of movement, and for the purpose of this article the said freedom means the right to move freely throughout Malta, the right to reside in any part of Malta, the right to leave and the right to enter Malta.

CONSTITUTION OF MALTA ACT 1964 (WITH AMENDMENTS THROUGH 2014) (PDF)

54A. General
(1) It is a crime for a person to commit genocide, a crime against humanity or a war crime.
(2) In this Title ­
”crime against humanity” means a crime against humanity as
defined in article 54C;
”war crime” means a war crime as defined in article 54D;
(3) In interpreting and applying the provisions of this Title the court shall take into account the original text of the ICC Treaty and of any treaty and convention referred to in the ICC Treaty.
54C. Crimes against Humanity
(1) A crime against humanity is committed where any of the following acts is committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:
(c) enslavement;
(e) imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law;
(g) rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity;
(2) For the purpose of subarticle (1) ­
(c) ”enslavement” means the exercise of any or all of the powers attaching to the right of ownership over a person and includes the exercise of such power in the course of trafficking in persons, in particular women and children;
54D. War crimes
A war crime is committed where any of the following acts is committed:
(b) other serious violations of the laws and customs applicable in international armed conflict, within the established framework of international law, namely, any of the following acts:
(xxii) committing rape, sexual slavery, enforced prostitution, forced pregnancy, as defined in article 54C(2)(f), enforced sterilization, or any other form of sexual violence also constituting a grave breach of the Geneva Conventions;
(e) other serious violations of the laws and customs applicable in armed conflicts not of an international character, within the established framework of international law, namely, any of the following acts:
(vi) committing rape, sexual slavery, enforced prostitution, forced pregnancy, as defined in article 54C(2)(f), enforced sterilization, and any other form of sexual violence also constituting a serious violation of article 3 common to the four Geneva Conventions;
204. Inducing, etc, persons under age into prostitution
(1) Whosoever in order to gratify the lust of any other person induces a person under age to practise prostitution, or instigates the defilement of such person, or encourages or facilitates the prostitution or defilement of such person, shall, on conviction, be liable to imprisonment for a term from eighteen months to four years, with or without solitary confinement:
Provided that the offence shall be punishable with imprisonment for a term from two to six years, with or without solitary confinement, in each of the following cases:
(a) if the offence is committed to the prejudice of a person who has not completed the age of twelve years;
(b) if the offence is committed by deceit;
(c) if the offence is committed by any ascendant by consanguinity or affinity, by the adoptive father or mother, by the husband or wife or tutor of the minor, or by any other person charged, even though
temporarily, with the care, eduction, instruction, control or custody of the minor;
(d) if the offence is committed habitually or for gain.
(2) The provisions of article 197(4) shall also apply in the case of any offence under this article, when the offence is committed by the husband or the wife, by an ascendant or by the tutor.
204A. Instigation with violence of persons under age to prostitution or to participation in pornographic performance
(1) Whosoever ­
(a) with violence compels a person under age into prostitution or into participating in a pornographic performance, or
(b) knowingly makes any gain or derives any benefit from the conduct referred to in paragraph (a),
shall, on conviction, be liable to imprisonment for a term from two
to six years, with or without solitary confinement.
(2) The punishment for the offence in subarticle (1)(b) shall be increased by one degree, with or without solitary confinement, in each of the following cases:
(a) when the offender wilfully or recklessly endangered the life of the person under age;
(b) when the offence involves violence or grievous bodily harm on such person;
(c) when the offence is committed with the involvement of a criminal organisation within the meaning of article 83A(1).
204B. Inducing persons under age to prostitution or to participation in a pornographic performance
(1) Whosoever in order to gratify the lust of any other person engages a person under age to practise prostitution, or to participate in pornographic performances, shall, on conviction, be liable to imprisonment for a term from eighteen months to four years, with or without solitary confinement.
(2) The offence shall be punishable with imprisonment for a term from two to six years, with or without solitary confinement, in each of the following cases:
(a) when the offender wilfully or recklessly endangered the life of the person under age;
(b) when the offence involves violence or grievous bodily harm on such person;
(c) when the offence is committed with the involvement of a criminal organisation within the meaning of article 83A(1).
205. Compelling or inducing person of age to prostitution
Whosoever in order to gratify the lust of any other person, by the use of violence, compels or, by deceit, induces a person of age, to practise prostitution, shall, where the act committed does not constitute a more serious offence, be liable, on conviction, to imprisonment for a term not exceeding two years, with or without solitary confinement:
Provided that the offence shall be punishable with imprisonment for a term from one to four years, if it is committed ­
(a) with abuse of authority, of trust or of domestic relations; or
(b) habitually or for gain.
208B. Provisions applicable to articles 204 to 204C and 208A of the Code.
(4) The provisions of articles 13 and 14 of the White Slave Traffic (Suppression) Ordinance, shall apply mutatis mutandis.
248A. Traffic of a person of age for the purpose of exploitation in the production of goods or provision of services
(1) Whosoever, by any means mentioned in subarticle (2), trafficks a person of age for the purpose of exploiting that person in the production of goods or provision of services shall, on conviction, be liable to the punishment of imprisonment for a term from two to nine years.
For the purposes of this subarticle exploitation includes requiring a person to produce goods and provide services under conditions and in circumstances which infringe labour standards governing working conditions, salaries and health and safety.
(2) The means referred to in subarticle (1) are the following:
(a) violence or threats, including abduction;
(b) deceit or fraud;
(c) misuse of authority, influence or pressure;
(d) the giving or receiving of payments or benefits to achieve the consent of the person having control over another person.
248B. Traffic of a person of age for the purpose of exploitation in prostitution, etc.
Whosoever, by any means mentioned in article 248A(2), trafficks a person of age for the purpose of exploiting that person in prostitution or in pornographic performances or in the production of pornographic material shall, on conviction, be liable to the punishment laid down in article 248A(1).
248C. Traffic of a person of age for the purpose of exploitation in the removal of organs.
Whosoever, by any means mentioned in article 248A(2), trafficks a person of age for the purpose of exploiting that person in the removal of any organ of the body shall on conviction be liable to the punishment of imprisonment for a term from four to twelve years.
248D. Traffic of a minor for any of the purposes mentioned in articles 248A to 248C
Whosoever trafficks a minor for any of the purposes mentioned in articles 248A to 248C, both inclusive, shall, on conviction be liable to the same punishment laid down in those articles, as the case may be, even if none of the means mentioned in article 248A(2) has been used:
Provided that where any of the means mentioned in article 248A(2) has been used in the commission of the offence under this article the punishment for the offence shall be increased by one degree.
248DA. Improperly inducing consent to adoption of a minor for purposes of exploitation
Whosoever, for any purpose referred to in articles 248A to 248C, both inclusive, acting as an intermediary for the adoption of a child improperly induces the consent of any person whose consent is required for the adoption shall on conviction be liable to the punishment laid down in article 248D.
248DB. Child Labour
Whosoever shall practice or engage in child labour for any of the purposes mentioned in article 248A shall, on conviction, be liable to the punishment established under article 248D.
For the purposes of this article child labour shall include the coercion of a person under age into forced or compulsory labour for any purpose whatsoever including the forced or compulsory recruitment of minors to take part in armed conflict.
248E. General provisions applicable to this sub-title
(1) In this sub-title, the phrase “trafficks a person” or “trafficks a minor” means the recruitment, transportation, sale or transfer of a person, or of a minor, as the case may be, including harbouring and subsequent reception and exchange of control over that person, or minor, and includes any behaviour which facilitates the entry into, transit through, residence in or exit from the territory of any country for any of the purposes mentioned in the preceding articles of this sub-title, as the case may be.
(2) Where any of the offences in articles 248A to 248D, both inclusive ­
(a) is accompanied by violence; or
(b) generates proceeds exceeding eleven thousand and six hundred and forty-six euro and eighty-seven cents (11,646.87); or
(c) is committed with the involvement of a criminal organisation within the meaning of article 83A(1); or
(d) is committed by a public officer or servant in the course of the exercise of his duties; or
(e) is committed against a vulnerable person within the meaning of article 204D(2); or
(f) when the offender willfully or recklessly endangered the life of the person trafficked,
the punishment otherwise due shall be increased by one degree.
337A. Traffic in persons to enter or leave Malta illegally
(1) Any person who with the intent to make any gain whatsoever aids, assists, counsels or procures any other person to enter or to attempt to enter or to leave or attempt to leave or to transit across or to attempt to transit across, Malta in contravention of the laws thereof or who, in Malta or outside Malta, conspires to that effect with any other person shall, without prejudice to any other punishment under this Code or under any other law, be liable to the punishment of imprisonment from six months to five years or to a fine (multa) of twenty-three thousand and two hundred and ninetythree euro and seventy-three cents (23,293.73) or to both such fine and imprisonment and the provisions of articles 21 and 28A and those of the Probation Act shall not apply:
Provided that where the persons aided, assisted, counselled, procured or the object of the conspiracy as aforesaid number more than three the punishment shall be increased by one to three degrees:
Provided also that where the offence is committed ­
(a) as an activity of a criminal organization; or
(b) while endangering the lives of the persons aided, assisted, counselled, procured or the object of the conspiracy as aforesaid,
the punishment shall always be increased by two degrees even
when the first proviso does not apply.
(2) Without prejudice to the provisions of article 5, the courts in Malta shall also have jurisdiction over the offence in this article where ­
(a) the offence is committed even if only in part in the territory of Malta or on the sea in any place within the territorial jurisdiction of Malta;
(b) the offender is a Maltese national or permanent resident in Malta;
(c) the offence is committed for the benefit of a legal person established in Malta.

MALTA CRIMINAL CODE (PDF)Malta Criminal Code

2. Inducing a person who has attained the age of twenty-one years to leave Malta or to come to Malta from elsewhere for purposes of prostitution.
(1) Whoever, in order to gratify the lust of any other person, compels by means of violence or threats, or induces by deceit, a person who has attained the age of twenty-one years to leave Malta for purposes of prostitution elsewhere or to come to Malta from elsewhere for the purposes of prostitution in these islands, shall be liable, on conviction, to imprisonment for a term not exceeding two years, with or without solitary confinement:
Provided that the punishment shall be imprisonment for a term from two to ten years, with or without solitary confinement, if the offence is committed –
(a) by an ascendant by consanguinity or affinity, by the adoptive father or mother, by the husband or the wife, or by a brother or sister; or
(b) by means of abuse of authority, of trust or of domestic relations; or
(c) habitually or for gain.
(2) A conviction under this article shall entail the forfeiture of every authority and right granted to the offender over the person or property of the person to whose prejudice the offence shall have been committed.
3. Inducing a person under the age of twenty-one years to leave Malta for purposes of prostitution.
(1)Whoever, in order to gratify the lust of any other person, induces a person under the age of twenty-one years to leave Malta or to come to Malta for purposes of prostitution elsewhere, or encourages or facilitates his departure from Malta or arrival in Malta for the same purpose, shall be liable, on conviction, to imprisonment for a term from two to five years, with or without solitary confinement:
Provided that the punishment shall be imprisonment for a term from three to ten years, with or without solitary confinement, if the offence is committed –
(a) to the prejudice of a person who has not completed the age of twelve years; or
(b) by means of violence or threats, or by deceit; or
(c) by an ascendant by consanguinity or affinity, by the adoptive father or mother, by the husband or wife or tutor, or by any other person charged, even though temporarily, with the care, education, instruction, control or custody of the person under the age of twenty-one years; or
(d) habitually or for gain.
(2)A conviction under this article shall entail the forfeiture of every authority and right granted to the offender over the person or property of the person to whose prejudice the offence shall have been committed, and, in the case of the tutor, his removal from the tutorship and his perpetual disability from holding the office of tutor.
5. Detention, etc., of a person against his will in a brothel, etc
(1)Whoever detains, or is wilfully a party to the detention of a person, against his will, in any brothel, or in or upon any premises used for purposes of habitual prostitution, even if such person may have resorted to such place of his own free will, and may have remained there to practice prostitution, and notwithstanding any obligation or debt which such person may have contracted with any person whomsoever, shall be liable, on conviction, to imprisonment for a term not exceeding two years, unless a higher punishment is applicable under any other provision of the Criminal Code or of any other law.
(2) A person shall be deemed to detain another person, for the purposes of this article, if, with intent to compel such other person to remain in a brothel or in or upon any premises used for purposes of habitual prostitution, he withholds from such other person any wearing apparel or other property belonging to the latter, or, where wearing apparel has been lent or otherwise supplied to such other person, he threatens such other person with legal proceedings if the latter takes away with him the wearing apparel so lent or supplied.
(3) No legal proceedings, whether civil or criminal, shall be taken against such other person for taking away or being found in possession of any such wearing apparel as was necessary to enable such other person to leave such premises or brothel.
7. Punishment for living on the earnings of prostitution, etc
(1) Any person who knowingly lives, wholly or in part, on the earnings of the prostitution of any other person, shall be liable, on conviction, to imprisonment for a term not exceeding two years: Provided that where that other person has not attained the age of eighteen years, the offence shall be punishable with imprisonment for a term from eighteen months to four years.
(2) Any person who in any street or other public place or in anyplace exposed to the public loiters or solicits for the purpose of prostitution or for other immoral purposes, shall be liable, on conviction, to imprisonment for a term of not more than six months.
(3) A person shall be deemed, until the contrary is proved, to be knowingly living, wholly or in part, on the earnings of prostitution, if it is shown that he lives with, or is habitually in the company of, a person practising prostitution or that he has exercised control, direction or influence over the movements of that person in a manner as to show that he is aiding, abetting or compelling the prostitution of that person with any other person or generally.
8. Punishment for keeping, etc., brothels.
(1) Whoever shall keep or manage or share with others in the management of a brothel or of any house, shop or other premises or any part thereof which is or are, or is or are reputed to be resorted to for the purpose of prostitution or other immoral purposes shall be liable, on conviction, to imprisonment for a term not exceeding two years and to a fine (multa) not exceeding four hundred and sixty-five euro and eighty-seven cents (465.87).
(2) Whoever knowingly lets for hire or permits the use or shares in the profits of any vehicle used for the purpose of prostitution or other immoral purposes shall be liable, on conviction, to imprisonment for a term not exceeding six months and to a fine (multa) not exceeding one hundred and sixteen euro and forty-seven cents (116.47).
(3) A person shall be deemed to share in the management of a brothel or of any house, shop or other premises or any part thereof for the purpose of prostitution or other immoral purposes, if he partakes directly or indirectly of any of the profits of such management, or takes an active part in the management of such brothel, house, shop, premises or part thereof.
9. Punishment for use of shop, etc., for the purpose of prostitution.
Whoever keeps any shop, lodging-house or hotel or any private apartment and suffers or permits such shop, lodging-house, hotel or apartment or any part thereof to be used as a place of assignation for the purpose of prostitution or any other immoral purpose shall be liable, on conviction, to imprisonment for a term from one to six months.
10. Punishment for letting house, etc., for the purpose of prostitution
Whoever owns or has under his administration any house or other premises and knowingly lets or permits the use of the same for the purpose of prostitution or other immoral purposes, shall be liable, on conviction, to imprisonment for a term from one to six months.
11. Increase of punishment in case of second or subsequent conviction
On a second conviction for any of the crimes specified in the preceding articles the punishment may be increased by two degrees, and on a third or subsequent conviction, by three degrees.
12. Punishment in case of failure to take steps to eject person from premises used for immoral purposes.
(1) Whoever, after due notice in writing has been given to him by the Commissioner of Police that a house or other premises owned or administered by him, is or are used for the purpose of prostitution or other immoral purposes, fails, within six working days, to take the necessary steps before the competent court for the ejection therefrom of the person or persons occupying the same and to prosecute the proceedings with due diligence shall be liable to a fine (multa) in terms of the Criminal Code.

11. Protection of wages
(1) Except where otherwise expressly permitted by the provisions of this Act, the entire amount of the wages earned by, or payable to, any employee shall be paid to him in money being legal tender in Malta, and every payment of, or on account of, any such wages made in any other form and any covenant in any contract providing for other form of payment shall be null and void: Provided that payment of wages by cheque on a bank in Malta or payable to the Bank account of an employee shall be deemed to be payment in legal tender in cases in which payment in this manner is customary or necessary or is consented to by the employee concerned.
(2) Wages shall be paid directly to the employees to whom they are due except as may otherwise be provided by any law or in virtue of an order made by a competent court or where the employee or employees concerned agree to the contrary.

EMPLOYMENT AND INDUSTRIAL RELATIONS ACT 2002 (PDF)

(1) Any ascendant by consanguinity or affinity who, by the use of violence or by threats, compels, or, by deceit, induces any descendant under age to prostitution, shall, on conviction, be liable to imprisonment for a term from six to twelve years.

(2) The same punishment shall be applied to anyone of the spouses or tutor who, by the use of violence or by threats, compels, or, by deceit, induces to prostitution his or her spouse under age or the minor under his or her tutorship.

(3) If the ascendant or any one of the spouses, by the use of violence or by threats, compels, or, by deceit, induces the descendant or his or her spouse, of age, to prostitution, he or she shall, on conviction, be liable to imprisonment of a term from three to six years.

(4) The punishment prescribed for the crimes referred to in the p