Human rights: Awareness and compliance

Human rights: Awareness and compliance

Published February 03, 2026

Introduction

Before we can seek to expand or think afresh on human rights, we must first understand and be aware of what rights are already in place and ensure they are respected in law, policy, and daily practice.

The Constitution

The Constitution is the democratic benchmark that watches over the operations of the State, makes sense of the rule of law and ensures that the fundamental rights and freedoms of all are safeguarded.  

Economic, social and cultural rights

They are listed in Chapter II of the Constitution under the heading “Declaration of Principles”.  Although these particular rights are not enforceable in any court, they are nevertheless considered to be fundamental to the governance of the country in that the State has an obligation to aim at their application when making laws.

Civil and political rights

They are incorporated in Chapter IV of the Constitution and are enforceable. After ordinary remedies have been exhausted, a person is entitled to seek redress for alleged breaches of those rights before a court of constitutional jurisdiction.  If that court finds in his favour, then the court can give any remedy it deems appropriate.

The European Convention

The European Convention for the Protection of Human Rights and Fundamental Freedoms are part of Maltese Law and is enforceable before a court of constitutional jurisdiction in Malta.  The Protocols to the Convention that were signed, ratified and made part of Maltese Law are enforceable before a court of constitutional jurisdiction in Malta.  Protocol 12, which imposes a standalone ban on discrimination, although signed and ratified by Malta, was not made part of Maltese Law.  It is therefore not enforceable before the courts of Malta but is enforceable only before the European Court of Human Rights in Strasbourg.  

The Charter

As a Member State of the European Union, the Charter of Fundamental Rights is directly enforceable in Malta before the courts of civil jurisdiction.

Compliance

The scope of this writing is not to go into the detail of legal provisions protecting the fundamental rights of persons, but rather to highlight what is required for one to appreciate their importance.

Respect for human rights does not begin with sky-high ideals or abstract declarations, but with compliance, which is an important matter that is practical but demanding.  Compliance is the moral and structural foundation which makes human rights meaningful and on which adherence is measured. 

Awareness

For compliance to be ensured, awareness is necessary.  Building a durable and inclusive culture of respect for human rights depends on awareness, which in turn is the key to compliance.

Not being aware is a risk factor.  People may live under laws that protect their human rights without knowing protection exists. Others may violate rights unintentionally because they have never been taught otherwise. There are situations where breaches of human rights persist not only because of bad faith but also because of lack of education, wrong information, accepting injustice as normal and part of life, complex or inaccessible legal language and cultural or institutional silence

Awareness on human rights empowers persons to refute injustice, enables them to hold institutions to account, stimulates public authorities to do away with harmful practices, builds empathy and shared moral values.

Culture

For there to be awareness, one has to work for a positive culture that resists indifference; a culture of passivity makes compliance difficult.

Compliance includes making laws that adhere to human rights obligations, the fair and consistent enforcement of laws, not relying simply on intention but monitoring the outcomes and providing adequate remedies in cases of breaches.

Compliance is not optional. It is the price of legitimacy for authority and power.  It is not an end in itself but a solid foundation on which to build. Without compliance, the rest will not stand. When compliance is weak, violations become systemic.

Human rights education should not be limited to specialists or lawyers. When human rights are discussed only in times of crisis, they appear abstract or out of touch. When they are made part of everyday life, they become part of a culture that fosters the sharing of responsibility.

Conclusion

New technologies, climate change, global migration, and artificial intelligence present unprecedented human rights challenges. These realities make compliance more urgent, not less.  A strong human rights culture must adapt to new challenges without putting aside core principles that have withstood the test of time.  Awareness of these principles and compliance will ensure that new technologies serve dignity in the interest of present and future generations, encouraging innovation with accountability

A strong culture of respect for human rights does not come about as if it were a game of chance.  It is built through awareness, education, compliance and accountability.

Compliance is not merely legal obedience. It is an expression of respect for human dignity. When societies commit to knowing their obligations and living up to them, human rights cease to be abstract ideals and become lived realities.