Country profile MLT
National Legal Framework
National Legal Framework
| Provision | Legislation date | Convention | Legislation info | sources | Value | sort_order | Provision description | Legislation description |
|---|---|---|---|---|---|---|---|---|
| List of hazardous activities prohibited for children | 2003 | C138 & C182 | Protection of Young Persons at Work Regulations (L.N. 440 of 2003) | [{"link_name":"Protection of Young Persons at Work Regulations","source_link":"https://legislation.mt/eli/ln/2003/440/eng/pdf"}] | Yes | 7 | C138 and C182 require the national determination of a list of hazardous work prohibited for children under 18 years of age. The competent authorities should consult with workers' and employers' organizations to determine what types of employment or work are considered to be hazardous. Such a list shall be periodically examined and revised as necessary. | Malta has established a national list of hazardous work prohibited for persons under 18 in the Protection of Young Persons at Work Regulations (L.N. 440 of 2003). The Schedule to the Regulations specifies prohibited activities such as work involving exposure to toxic agents, extreme heat or cold, noise, vibration, and physical, psychological or moral dangers. |
| Minimum age for hazardous work | 2002 | C138 & C182 | Protection of Young Persons at Work Regulations (L.N. 440 of 2003) - Articles 2 and 23 | [{"link_name":"Protection of Young Persons at Work Regulations","source_link":"https://legislation.mt/eli/ln/2003/440/eng/pdf"}] | 16 | 6 | C138 and C182 set 18 as the minimum age for hazardous work, which is defined as work that, due to its nature or the circumstances in which it is carried out, is likely to jeopardize children’s health, safety or morals. C138 and C182 allow countries to permit hazardous work exceptionally as from 16, provided that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or training. | Articles 2 and 23 of the Employment and Industrial Relations Act (Cap. 452) define "young persons" and restrict the employment of minors in hazardous occupations, with further guidance under subsidiary legislation (Legal Notice 440 of 2003 – Protection of Young Persons at Work Regulations), which prohibits work involving physical, psychological or moral danger for persons under 18, unless strict protective measures and training are in place for those aged 16 and above. |
| Is the use, procuring or offering of children for illicit activities, in particular for the production and trafficking of drugs, prohibited? | 1939 | C182 | Dangerous Drugs Ordinance | [{"link_name":"Dangerous Drugs Ordinance","source_link":"https://legislation.mt/eli/cap/101/eng/pdf"}] | No | 11 | C182 prohibits the use, procuring or offering of children for illicit activities in particular for the production and trafficking of drugs. | While the Dangerous Drugs Ordinance criminalises various drug-related offences (including production, trafficking, and possession), it does not contain an explicit provision prohibiting the use, procuring or offering of children for these purposes. The Government has stated that courts consider the involvement of children as an aggravating factor, but there is no clear statutory provision criminalising the act of using a child under 18 for drug trafficking or production. |
| Is the use, procuring or offering of a child for the purpose of prostitution and for production of pornography prohibited? | 2002 | C182 | Criminal Code - Articles 204A, 204D | [{"link_name":"Criminal Code","source_link":"https://legislation.mt/eli/cap/9/eng/pdf"}] | Yes | 10 | C182 prohibits the use of a child under the age of 18 for prostitution, regardless of the child's consent. The use, procuring or offering of any person under the age of 18 for commercial sexual exploitation constitutes a worst form of child labour, even if prostitution is a legalised. In regard to the prohibition of child pornography, States need to make sure that national legislation addresses the involvement of a child in the production of pornographic materials, including non-recorded performances. | Malta’s Criminal Code explicitly prohibits the use, procuring, or offering of persons under 18 for prostitution and pornography. Article 204A criminalises forcing a person under age into prostitution or pornography, and benefiting from such acts, with imprisonment from 6 to 12 years. Article 204D expands this to include compelling a person under age to witness or participate in real or simulated sexually explicit conduct, or attend pornographic performances, with imprisonment from 5 to 10 years. Both articles impose harsher penalties under aggravated circumstances. |
| Is forced or compulsory recruitment of children under 18 for use in armed conflict prohibited? | 1970 | C182 | Malta Armed Forces Act | [{"link_name":"Malta Armed Forces Act","source_link":"https://legislation.mt/eli/cap/220/eng"}] | Yes | 9 | C182 defines forced or compulsory recruitment of children under 18 for use in armed conflict as a worst form of child labour. Nevertheless, C182 only prohibits the forced or compulsory recruitment of children under 18, and does not cover the voluntary recruitment of children under 18. | Under the Malta Armed Forces Act, the President may only raise forces by voluntary enlistment, and no person under 17 ½ years may be enlisted, with parental consent required for 17 ½–18. The Armed Forces of Malta has no conscription and recruits only volunteers aged 18+. Thus, forced or compulsory recruitment of persons under 18 is expressly prohibited, fully satisfying C182's requirements. |
| Is the sale and trafficking of children for sexual and labour exploitation prohibited? | 2002 | C182 | Criminal Code - Articles 248A–G, Article 211A | [{"link_name":"-Criminal Code","source_link":"https://legislation.mt/eli/cap/9/eng/pdf"},{"link_name":"-2022 Criminal Code amendment","source_link":"https://legislation.mt/eli/act/2022/10/eng"}] | Yes | 8 | C182 defines all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour as worst forms of child labour. | Malta criminalises all forms of trafficking—including trafficking in children for sexual and labour exploitation—under Article 248A–G of the Criminal Code, introduced by Act III of 2002, with updated penalties of 4–12 years’ imprisonment and higher penalties where the victim is a minor. Prior White Slave Traffic laws already prohibited such conduct. The 2022 Criminal Code amendment (Article 211A) imposes harsher penalties where exploitation is tied to prostitution or forced labour and the court considers such exploitation an aggravating factor. |
| Minimum age for admission to apprenticeship | 2018 | C138 | Work‑Based Learning and Apprenticeship Act (Cap. 576) | [{"link_name":"Work\u2011Based Learning and Apprenticeship Act","source_link":"https://legislation.mt/eli/cap/576/eng/pdf"}] | 16 | 5 | C138 does not apply to work done in school for general, vocational or technical education or in training institutions or work done by children at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority. Such work must be an integral part of: (i) a course of education or training for which a school or training institution is primarily responsible; (ii) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (iii) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. | Under Cap 576, apprenticeship is permitted only for individuals who have reached the school‑leaving age, which is defined by the Education Act as 16 years. This ensures apprenticeships commence at age 16, aligning with the national standard and offering structured, regulated training under legal oversight. |
| Is the minimum age for admission to work not less than the age for completion of compulsory schooling? | 2021 | C138 | Education Act | [{"link_name":"Education Act","source_link":"https://legislation.mt/eli/cap/605/eng"}] | Yes | 4 | C138 requires that the minimum age for admission to work shall not be less than the age of completion of compulsory schooling and, in any case, shall not be less than 15 years. | Malta's Education Act sets the age of compulsory schooling as 5 to 15 years. Under employment regulations, persons may engage in limited light work from age 14 with authorisation, but full unrestricted employment begins at 16. Since the general minimum work age (16) is not less than the age of school completion (15), Malta complies fully with the C138 requirement. |
| Light work - Determination of types and conditions of activities | 2004 | C138 | Young Persons (Employment) Regulations S.L. 452.92 ; Department of Industrial & Employment Relations (DIER) enforcement guidance | [{"link_name":"-Young Persons (Employment) Regulations","source_link":"https://dier.gov.mt/en/services/employment-conditions/young-persons-and-minors-in-employment/"},{"link_name":"-Department of Industrial & Employment Relations (DIER) enforcement guidance","source_link":"https://legislation.mt/eli/sl/452.92/eng/pdf"}] | Yes | 3 | If the country chooses to allow light work, States must determine what activities are considered light work, and the hours and the circumstances under which they may be carried out. | Malta’s regulations clearly define permissible light work for minors aged 14–15. Regulation 4 permits light work in sectors such as culture, sports, and advertising, only with written authorization from the Director-General and after a risk assessment confirms it won’t harm the minor’s health or education. Regulations 6–7 stipulate strict conditions: Working hours: max 2 hrs/day (term-time) or up to 7 hrs/day & 35 hrs/week (holidays) for 14–15-year-olds, and 8 hrs/day & 40 hrs/week for those 16+ Rest periods: minimum 30-minute break after 4½ hours, 14‑hour daily rest, weekly rest includes Sunday, and at least 21 days’ holiday allowance. |
| Minimum age for light work | 2004 | C138 | Young Persons (Employment) Regulations S.L. 452.92 | [{"link_name":"Young Persons (Employment) Regulations","source_link":"https://legislation.mt/eli/sl/452.92/eng/pdf"}] | 14 | 2 | C138 defines light work as work that does not interfere with children’s schooling, or their ability to benefit from it, and that is not hazardous. C138 allows countries to permit light work for children younger than the general minimum age. For countries that set the minimum age at 15, this means children aged 13-14, and for those that set it at 14, children aged 12-13 may engage in light work. | Maltese law defines “young person” as anyone under 18 and prohibits employment under 16. Regulations authorise light work for 14‑15‑year‑olds, limiting it to non‑hazardous, developmentally appropriate roles (e.g., cultural, educational, artistic, or sports settings), and strictly regulate hours, night‑work, holiday leave, and conditions (Regulations 6–7 specify no night work, max 8 hrs/day and 40 hrs/week, mandatory breaks, and school holiday leave). |
| Minimum age for admission to work | 2004 ; 1964 | C138 | Constitution - Article 15 ; Young Persons (Employment) Regulations (S.L. 452.92) | [{"link_name":"-Constitution","source_link":"https://legislation.mt/eli/const/eng"},{"link_name":"-Young Persons (Employment) Regulations","source_link":"https://legislation.mt/eli/sl/452.92/eng/pdf"}] | 16 | 1 | C138 establishes 15 as the minimum age for work in general. Developing countries have the option of setting a minimum age of 14 as a transitional measure as they strengthen their education systems and economies. | Malta’s Constitution (Article 15) mandates that the minimum age for paid work be defined in law. The Young Persons (Employment) Regulations—issued under the Employment Act (Cap 452)—specifically regulate this: no one under 16 may work, except that 14–15‑year‑olds may do limited, non-hazardous work (e.g. culture, sports, advertising) with written authorisation from the Director General. Full unrestricted employment is allowed only from age 16, in compliance with EU standards. |
International Legal Framework
International Legal Framework
| Ratification status | Convention | Convention description | Date of ratification | Source |
|---|---|---|---|---|
| in-force | C182 | Worst Forms of Child Labour Convention, 1999 (No. 182) | 15-JUN-2001 | Source |
| in-force | C138 | Minimum Age Convention, 1973 (No. 138) | 09-JUN-1988 | Source |
Policies and Plans
Policies and Plans
| Description | sources | Period | Policy name | Implementing agency |
|---|---|---|---|---|
| A cross-sectoral policy to enhance social inclusion, poverty reduction, and well-being for all children under 18, especially vulnerable groups, supporting services linked to education, health, housing, and protection. | [{"link_name":"Children\u2019s Policy Framework","source_link":"https://socialsecurity.gov.mt/wp-content/uploads/2023/11/Childrens-_Policy_Framework_2024-2030_EN.pdf"}] | 2024–2030 | Children’s Policy Framework | Ministry for Social Policy & Children’s Rights |
| A comprehensive government-led strategy to prevent, detect, and respond to human trafficking—including child trafficking—through strengthened referral mechanisms, victim protection, prosecution, and stakeholder coordination. | [{"link_name":"National Strategy and Action Plan on Combatting Trafficking in Human Beings in Malta","source_link":"https://humanrights.gov.mt/wp-content/uploads/2024/09/The-National-Strategy-and-Action-Plan-on-Combatting-Trafficking-in-Human-Beings-in-Malta-2024-2030.pdf"}] | 2024–2030 | National Strategy and Action Plan on Combatting Trafficking in Human Beings in Malta | Human Rights Directorate, Office of the Prime Minister (via the Human Rights Initiatives Unit), in collaboration with Anti-Human Trafficking Inter-Ministerial Committee |