Marriage forms part of the body of laws referred to as civil law and, until 1975, was regulated b... more Marriage forms part of the body of laws referred to as civil law and, until 1975, was regulated by canon law. The very fact that until such a late date marriage was under the legal regimen of the Roman Catholic Church indicates the strong ties between church and state; ties which have surfaced again in 1995 with the advent of a new act regulating annulments according to both civil and canon law. The majority of marriages celebrated in Malta are sanctioned both by the state and by the church. Prior to recent amendments, the couple would have a church wedding and sign their consent at the altar before the congregation, and after the nuptial mass proceed to the sacristy where the marriage registrar, appearing on behalf of the state, would also register their consent for civil purposes. The 1995 amendments have now given authority to the parish priest of each locality to ensure that consent exchanged during the marriage service conducted in church is communicated to the marriage registrar and is sufficient proof for a civil marriage to have taken place. In this context, it will not come as a surprise to find that in Malta it is not possible to divorce. The very idea of divorce is unacceptable within the Roman Catholic religion and the state has consistently maintained its supportive stance of the church position on this subject.1 There is no divorce law. The only means of dissolving a marriage is by annulment. However, proving grounds is no easy task and an increasing number of couples each year opt
Acknowledgement: The University of Malta would like to acknowledge its gratitude to the European ... more Acknowledgement: The University of Malta would like to acknowledge its gratitude to the European Commission, Directorate-General for Justice and Consumers for their permission to upload this work on OAR@UoM. Further reuse of this document can be made, provided the source is acknowledged. This work was made available with the help of the Publications Office of the European Union, Copyright and Legal Issues Section.
The recent campaign regarding the divorce referendum in Malta has centred partly on the best inte... more The recent campaign regarding the divorce referendum in Malta has centred partly on the best interests of the child. Both the pro- and anti- divorce lobbies cited the best interests of the child in their attempts to sway the electorate. The pro-divorce lobby maintained that in circumstances of family breakdown the best thing for children is a clean break. The anti-divorce lobby argued that divorce would undermine the permanence of marriage and that this could not be good for children, since children require stability and the lifelong commitment marriage has to offer. Both were equally sure that their interpretation of “best interests” was correct. This paper reviews aspects of the campaign which hinged on the notion of best interests of the child and offers an analysis of their legal implications. It also considers the question whether the decision taken by the majority who decided in favour of divorce will impact on the best interests principle and the prevailing interpretation of ...
Acknowledgement: The University of Malta would like to acknowledge its gratitude to the General S... more Acknowledgement: The University of Malta would like to acknowledge its gratitude to the General Secretariat of the Council of the European Union for their permission to upload this work on OAR@UoM. Further reuse of this document can be made, provided the source is acknowledged. This work was made available with the help of the Publications Office of the European Union, Copyright and Legal Issues Section.
This report highlights the findings of a research project on the relationship between Maltese ado... more This report highlights the findings of a research project on the relationship between Maltese adolescents and their parents. For this purpose 78 interviews were held with adolescents and their parents living in nondistressed and distressed families as well as in families where the parents were legally separated. Direct quotations bring to life the feelings and the views of the adolescents and their parents about their relationships. The report: • examines the major themes relating to the relationship between Maltese adolescents and their parents in the different family types, taking into account the differences that emerge; • highlights both the strengths and the challenges of the various family members; • sheds light on what might be of help to parents and to adolescents; • makes a number of policy recommendations aimed at strengthening families during this crucial period in the family life cycle
This paper explores the relationship between Maltese adolescents and their parents, with a partic... more This paper explores the relationship between Maltese adolescents and their parents, with a particular focus on families where the parents are separated. In all, 25 families coming from non-distressed, distressed and separated families were interviewed, including 24 fathers, 24 mothers and 30 children aged 11, 13 and 15 years of age. Each participant was interviewed separately. The methodology adopted was based on framework analyses. A number of findings had direct implications for the court system and the judicial process, highlighting the need for interdisciplinary professional support to the judiciary. Important findings related to the lengthy duration of the proceedings in court and its implications for children, the need for children to be heard by trained professionals who give them adequate time and a fair say in the court process and the need for parents to receive parental education prior to their separation and divorce by way of helping them protect their children at a time...
Parents are vested with rights and duties over their children by virtue of childbirth. The rights... more Parents are vested with rights and duties over their children by virtue of childbirth. The rights that vest with childbirth become somewhat more com-plex when matters such as repudiation, acknowledgement, adoption or child-care placement are involved. In basic ...
The United Nations Convention on the Rights of Persons with Disabilities is the only UN treaty to... more The United Nations Convention on the Rights of Persons with Disabilities is the only UN treaty to date in which the people who are its target, that is disabled people, were actively involved in its drafting and the only one which requires the active participation of disabled people in its implementation. This does not, of course, automatically guarantee the direct participation of all disabled people. This is especially so for children with disabilities, whose status as legal minors may inhibit them from participating in decisions affecting their lives. This book focuses on the participation rights of the disabled child with regard to health, education, homelife and relationships, highlighting ways in which these rights are safeguarded and promoted throughout the EU, as well as exploring the factors that put these rights at risk. Finally, this groundbreaking text analyses whether disabled children’s needs for assistance in order to realise their participation rights results in fewer opportunities to participate or in an increase in support in order for them to be able to do so.
This article starts by setting the context for Maltese families with a member who has mental heal... more This article starts by setting the context for Maltese families with a member who has mental health problems by providing an overview of the mental health services on offer. It explores the considerable stress that primary caregivers endure and the effects of the person’s mental health problems on their own children. In the study, views were elicited from 81 caregivers accompanying patients attending the psychiatric outpatients clinic in the main state hospital in Malta. The Involvement Evaluation Questionnaire was also used. Findings show that 47% of caregivers felt under pressure, 42% claimed to be depressed and 34% were receiving help from their general practitioner (GP). Only 38% reported receiving any help from mental health services and up to 82% of the children of mental health patients were ignored by the same services. Challenging behaviour and lack of appetite were among the direct effects on children. Current mental health services in Malta are critiqued and ways of setting up a family-inclusive service in a familialistic country such as Malta are put forward.
Latest developments in EU private international law, 2011
... The future EU Regulation concerning matrimonial property regimes. Autores: RuthFarrugia; Loca... more ... The future EU Regulation concerning matrimonial property regimes. Autores: RuthFarrugia; Localización: Latest developments in EU private international law / coord. por Beatriz Campuzano Díaz, Marcin Czepelak, Andrés Rodríguez ...
ABSTRACT Purpose – This paper aims to establish the existence and enforceability of State respons... more ABSTRACT Purpose – This paper aims to establish the existence and enforceability of State responsibility for human trafficking, making special reference to children and Malta. Given that trafficking has been described by the European Court of Human Rights as a form of modern slavery, the paper's hypothesis is that the State has a responsibility to ensure that all possible steps are taken to combat the practice and to protect possible victims. Design/methodology/approach – The paper is divided into three parts: the first part makes a concise review of the international criteria applied in response to human trafficking, the second part examines the pertaining situation relating to human trafficking in Malta and the final part makes an analysis of the recent judgment of the European Court of Human Rights in Rantsev v. Cyprus and Russia. Findings – The paper demonstrates that the affirmation of State responsibility to combat human trafficking is enforceable, with reference to the Rantsev judgement which clearly attributes a positive obligation on States under Article 4. It also highlights the difficulty in tracing judgments related to human trafficking as evidenced by the review of the Maltese position, although this appears to be an issue common to a number of States which indiscriminately put together all cases for trafficking (drug trafficking and human trafficking). Originality/value – The paper only uses first-hand sources and Maltese judgements are supplemented with original research into cases as reported in the press. The third part of the work analyses the recent judgement of the European Court of Human Rights in Rantsev v. Cyprus and Russia (2010), speculating as to its impact on all member states of the Council of Europe, including Malta.
ABSTRACT This paper explores the relationship between Maltese adolescents and their parents, with... more ABSTRACT This paper explores the relationship between Maltese adolescents and their parents, with a particular focus on families where the parents are separated. In all, 25 families coming from non-distressed, distressed and separated families were interviewed, including 24 fathers, 24 mothers and 30 children aged 11, 13 and 15 years of age. Each participant was interviewed separately. The methodology adopted was based on framework analyses. A number of findings had direct implications for the court system and the judicial process, highlighting the need for interdisciplinary professional support to the judiciary. Important findings related to the lengthy duration of the proceedings in court and its implications for children, the need for children to be heard by trained professionals who give them adequate time and a fair say in the court process and the need for parents to receive parental education prior to their separation and divorce by way of helping them protect their children at a time when they are particularly distressed. Another important finding was the requisite to deal with marital breakdown over time, through ADR and mediation, as this was seen to be more appropriate for addressing children’s needs.
630 Family Law Quarterly, Volume 29, Number 3, Fall 1995 deemed to render conjugal life intolerab... more 630 Family Law Quarterly, Volume 29, Number 3, Fall 1995 deemed to render conjugal life intolerable. Threats include all words spoken or written which show the intent of inflicting pain or causing fear and making life miserable. Grievous injury or gross insults include all ...
Marriage forms part of the body of laws referred to as civil law and, until 1975, was regulated b... more Marriage forms part of the body of laws referred to as civil law and, until 1975, was regulated by canon law. The very fact that until such a late date marriage was under the legal regimen of the Roman Catholic Church indicates the strong ties between church and state; ties which have surfaced again in 1995 with the advent of a new act regulating annulments according to both civil and canon law. The majority of marriages celebrated in Malta are sanctioned both by the state and by the church. Prior to recent amendments, the couple would have a church wedding and sign their consent at the altar before the congregation, and after the nuptial mass proceed to the sacristy where the marriage registrar, appearing on behalf of the state, would also register their consent for civil purposes. The 1995 amendments have now given authority to the parish priest of each locality to ensure that consent exchanged during the marriage service conducted in church is communicated to the marriage registrar and is sufficient proof for a civil marriage to have taken place. In this context, it will not come as a surprise to find that in Malta it is not possible to divorce. The very idea of divorce is unacceptable within the Roman Catholic religion and the state has consistently maintained its supportive stance of the church position on this subject.1 There is no divorce law. The only means of dissolving a marriage is by annulment. However, proving grounds is no easy task and an increasing number of couples each year opt
Acknowledgement: The University of Malta would like to acknowledge its gratitude to the European ... more Acknowledgement: The University of Malta would like to acknowledge its gratitude to the European Commission, Directorate-General for Justice and Consumers for their permission to upload this work on OAR@UoM. Further reuse of this document can be made, provided the source is acknowledged. This work was made available with the help of the Publications Office of the European Union, Copyright and Legal Issues Section.
The recent campaign regarding the divorce referendum in Malta has centred partly on the best inte... more The recent campaign regarding the divorce referendum in Malta has centred partly on the best interests of the child. Both the pro- and anti- divorce lobbies cited the best interests of the child in their attempts to sway the electorate. The pro-divorce lobby maintained that in circumstances of family breakdown the best thing for children is a clean break. The anti-divorce lobby argued that divorce would undermine the permanence of marriage and that this could not be good for children, since children require stability and the lifelong commitment marriage has to offer. Both were equally sure that their interpretation of “best interests” was correct. This paper reviews aspects of the campaign which hinged on the notion of best interests of the child and offers an analysis of their legal implications. It also considers the question whether the decision taken by the majority who decided in favour of divorce will impact on the best interests principle and the prevailing interpretation of ...
Acknowledgement: The University of Malta would like to acknowledge its gratitude to the General S... more Acknowledgement: The University of Malta would like to acknowledge its gratitude to the General Secretariat of the Council of the European Union for their permission to upload this work on OAR@UoM. Further reuse of this document can be made, provided the source is acknowledged. This work was made available with the help of the Publications Office of the European Union, Copyright and Legal Issues Section.
This report highlights the findings of a research project on the relationship between Maltese ado... more This report highlights the findings of a research project on the relationship between Maltese adolescents and their parents. For this purpose 78 interviews were held with adolescents and their parents living in nondistressed and distressed families as well as in families where the parents were legally separated. Direct quotations bring to life the feelings and the views of the adolescents and their parents about their relationships. The report: • examines the major themes relating to the relationship between Maltese adolescents and their parents in the different family types, taking into account the differences that emerge; • highlights both the strengths and the challenges of the various family members; • sheds light on what might be of help to parents and to adolescents; • makes a number of policy recommendations aimed at strengthening families during this crucial period in the family life cycle
This paper explores the relationship between Maltese adolescents and their parents, with a partic... more This paper explores the relationship between Maltese adolescents and their parents, with a particular focus on families where the parents are separated. In all, 25 families coming from non-distressed, distressed and separated families were interviewed, including 24 fathers, 24 mothers and 30 children aged 11, 13 and 15 years of age. Each participant was interviewed separately. The methodology adopted was based on framework analyses. A number of findings had direct implications for the court system and the judicial process, highlighting the need for interdisciplinary professional support to the judiciary. Important findings related to the lengthy duration of the proceedings in court and its implications for children, the need for children to be heard by trained professionals who give them adequate time and a fair say in the court process and the need for parents to receive parental education prior to their separation and divorce by way of helping them protect their children at a time...
Parents are vested with rights and duties over their children by virtue of childbirth. The rights... more Parents are vested with rights and duties over their children by virtue of childbirth. The rights that vest with childbirth become somewhat more com-plex when matters such as repudiation, acknowledgement, adoption or child-care placement are involved. In basic ...
The United Nations Convention on the Rights of Persons with Disabilities is the only UN treaty to... more The United Nations Convention on the Rights of Persons with Disabilities is the only UN treaty to date in which the people who are its target, that is disabled people, were actively involved in its drafting and the only one which requires the active participation of disabled people in its implementation. This does not, of course, automatically guarantee the direct participation of all disabled people. This is especially so for children with disabilities, whose status as legal minors may inhibit them from participating in decisions affecting their lives. This book focuses on the participation rights of the disabled child with regard to health, education, homelife and relationships, highlighting ways in which these rights are safeguarded and promoted throughout the EU, as well as exploring the factors that put these rights at risk. Finally, this groundbreaking text analyses whether disabled children’s needs for assistance in order to realise their participation rights results in fewer opportunities to participate or in an increase in support in order for them to be able to do so.
This article starts by setting the context for Maltese families with a member who has mental heal... more This article starts by setting the context for Maltese families with a member who has mental health problems by providing an overview of the mental health services on offer. It explores the considerable stress that primary caregivers endure and the effects of the person’s mental health problems on their own children. In the study, views were elicited from 81 caregivers accompanying patients attending the psychiatric outpatients clinic in the main state hospital in Malta. The Involvement Evaluation Questionnaire was also used. Findings show that 47% of caregivers felt under pressure, 42% claimed to be depressed and 34% were receiving help from their general practitioner (GP). Only 38% reported receiving any help from mental health services and up to 82% of the children of mental health patients were ignored by the same services. Challenging behaviour and lack of appetite were among the direct effects on children. Current mental health services in Malta are critiqued and ways of setting up a family-inclusive service in a familialistic country such as Malta are put forward.
Latest developments in EU private international law, 2011
... The future EU Regulation concerning matrimonial property regimes. Autores: RuthFarrugia; Loca... more ... The future EU Regulation concerning matrimonial property regimes. Autores: RuthFarrugia; Localización: Latest developments in EU private international law / coord. por Beatriz Campuzano Díaz, Marcin Czepelak, Andrés Rodríguez ...
ABSTRACT Purpose – This paper aims to establish the existence and enforceability of State respons... more ABSTRACT Purpose – This paper aims to establish the existence and enforceability of State responsibility for human trafficking, making special reference to children and Malta. Given that trafficking has been described by the European Court of Human Rights as a form of modern slavery, the paper's hypothesis is that the State has a responsibility to ensure that all possible steps are taken to combat the practice and to protect possible victims. Design/methodology/approach – The paper is divided into three parts: the first part makes a concise review of the international criteria applied in response to human trafficking, the second part examines the pertaining situation relating to human trafficking in Malta and the final part makes an analysis of the recent judgment of the European Court of Human Rights in Rantsev v. Cyprus and Russia. Findings – The paper demonstrates that the affirmation of State responsibility to combat human trafficking is enforceable, with reference to the Rantsev judgement which clearly attributes a positive obligation on States under Article 4. It also highlights the difficulty in tracing judgments related to human trafficking as evidenced by the review of the Maltese position, although this appears to be an issue common to a number of States which indiscriminately put together all cases for trafficking (drug trafficking and human trafficking). Originality/value – The paper only uses first-hand sources and Maltese judgements are supplemented with original research into cases as reported in the press. The third part of the work analyses the recent judgement of the European Court of Human Rights in Rantsev v. Cyprus and Russia (2010), speculating as to its impact on all member states of the Council of Europe, including Malta.
ABSTRACT This paper explores the relationship between Maltese adolescents and their parents, with... more ABSTRACT This paper explores the relationship between Maltese adolescents and their parents, with a particular focus on families where the parents are separated. In all, 25 families coming from non-distressed, distressed and separated families were interviewed, including 24 fathers, 24 mothers and 30 children aged 11, 13 and 15 years of age. Each participant was interviewed separately. The methodology adopted was based on framework analyses. A number of findings had direct implications for the court system and the judicial process, highlighting the need for interdisciplinary professional support to the judiciary. Important findings related to the lengthy duration of the proceedings in court and its implications for children, the need for children to be heard by trained professionals who give them adequate time and a fair say in the court process and the need for parents to receive parental education prior to their separation and divorce by way of helping them protect their children at a time when they are particularly distressed. Another important finding was the requisite to deal with marital breakdown over time, through ADR and mediation, as this was seen to be more appropriate for addressing children’s needs.
630 Family Law Quarterly, Volume 29, Number 3, Fall 1995 deemed to render conjugal life intolerab... more 630 Family Law Quarterly, Volume 29, Number 3, Fall 1995 deemed to render conjugal life intolerable. Threats include all words spoken or written which show the intent of inflicting pain or causing fear and making life miserable. Grievous injury or gross insults include all ...
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