Malta [Case 4 : promoting "dwarf throwing"]

Abstract

Mr Courage will most likely have a claim to recover the unpaid amount on the basis of his contract with Mini Bar. Variation: The bar may most likely recover the money, but not require specific performance. The validity of the "dwarf throwing" contract must be assessed by evaluating whether it violates constitutional provisions which protect human dignity and/or personality rights, and/or those which prohibit unjust discrimination, as well as employment and general civil law. The conceptual category of personality rights as such is largely unknown in Maltese legislation. Similarly, the Maltese Constitution "does neither refer explicitly to, nor define human dignity". Thus the particular references to these concepts in Maltese legislation do not appear to be sufficiently broad to allow a court to find that a general legal principle protecting human dignity exists and has been violated by the "dwarf throwing" contract.