Humanists Malta seeks middle ground in debate over secular Constitution

Humanists Malta is calling for a pluralist Constitution that recognises the Catholic Church’s historical role in Malta while ensuring equal treatment for citizens regardless of their religious beliefs.

“The operative provisions of the Constitution should treat all citizens equally, irrespective of religion or belief, with the State neutral towards all religions and beliefs,” it said. “Believers would thus see their heritage recognised in the Constitution, and non-believers would see a State which no longer declares a religion of its own.”  

In the statement on Monday, the organisation said the debate over whether Malta should adopt a secular Constitution has often been presented as a choice between preserving the country’s Catholic identity and removing religion from the Constitution.

Humanists Malta highlighted Article 2 of the Constitution, which establishes Roman Catholicism as Malta’s religion, gives Church authorities the right and duty to teach principles of right and wrong, and provides for compulsory religious teaching in State schools.

While acknowledging that the first provision reflects Malta’s history, the organisation argued that the other two grant a specific religious institution a constitutional role in moral instruction and education.

It also noted that Article 40 allows parents to withdraw their children from religious instruction, but argued that this represents an exception rather than equal treatment for families with different beliefs.

The association is proposing that Malta’s religious heritage be recognised in Chapter II of the Constitution, which deals with the country’s guiding principles and national heritage, rather than in provisions defining the role of religion in the State.

Article 9, it said, already commits the State to protecting Malta’s landscape and historical and artistic heritage, while Article 21 identifies the chapter’s principles as fundamental to the country’s governance, although they cannot be enforced in court.

It argued that recognising Christianity’s influence on Malta’s history, alongside other traditions that have shaped the islands, would preserve the country’s religious heritage while ensuring the State treats all citizens equally, regardless of their beliefs.

It went on to cite Poland’s 1997 Constitution as an example of an attempt to recognise both believers and non-believers, but argued that Malta should adopt wording that places both groups on equal footing.

“Those who want to keep Article 2 are defending the place of the Church in our history, and those who want it amended are defending the equal standing of every citizen before the State,” said Humanists Malta chair James Buhagiar.

The organisation called on political parties, the Church and civil society to discuss the proposal, noting that amending Article 2(2) requires the support of two-thirds of all members of the House of Representatives.