https://www.um.edu.mt/library/oar/handle/123456789/117281 2026-04-11T11:33:30Z 2026-04-11T11:33:30Z https://www.um.edu.mt/library/oar/handle/123456789/118583 2024-02-15T06:33:14Z 2023-01-01T00:00:00Z

Title: State obligations towards asylum seekers in terms of article 3 of the European Convention on Human Rights Abstract: The number of migrants arriving within the European Union has never been as high as today, and 2015 was the apex year of migrant arrival. Moreover, of the arriving migrants, irregular migrants have the highest number, giving rise to an exploding rate of asylum applications and asylum-seekers. For this reason, this paper aim to explore what treatment in dealing with asylum-seekers engages State obligations under Article 3 of the European Convention. As the European Convention is a living instrument which has evolved and adapted through time, the paper aims to investigate the European Court of Human Rights' stand on the character, principles and evolutive doctrine of prohibition of torture and degrading and inhumane treatment (Article 3). State obligations were identified, i.e., procedural guarantee, protection against arbitrary detention and most importantly, obligations protecting against degrading treatments. Then implications regarding the identified obligations were conferred. Conclusively, recommendations on legislation to safeguard asylum-seekers rights and policies for societal integration were suggested. Description: M.A. (Melit.)

2023-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/118581 2024-02-15T06:31:53Z 2023-01-01T00:00:00Z

Title: State obligations in international human rights law on human trafficking : case study Poland Abstract: This thesis aims to investigate the compliance of international and national (EU) laws on human rights, with a specific focus on Poland, regarding the extent to which they meet the minimum standards for the elimination of human trafficking. The primary research question examines whether international and regional efforts in protecting victims of human trafficking were inadequate before the conflict in Ukraine? Furthermore, the hypothesis claims that following the conflict between Russia and Ukraine (2022) worsened the challenges, exposing shortcomings in state initiatives and responses that failed to adequately address the region's increased vulnerability of trafficking victims, as evidenced by an examination of international and European obligations, legal frameworks, and victim protection mechanisms. This research proposes a link between geopolitical events and the efficacy of victim protection measures. Victim protection measures include a variety of governmental, institutional, and assistance programs designed to protect those who have been the victims of human trafficking. In order to prevent and combat human trafficking, these actions may include, but are not limited to legal requirements, law enforcement initiatives, victim assistance programs, and regional or international agreements. To shed light on their efforts on preventing human trafficking in Poland, we will analyze how geopolitical events, such as the conflict between Russia and Ukraine, have affected the efficiency of these victim protection measures. My research focuses on Poland because they have received the most refugees after the conflict between Ukraine and Russia, providing a good testing ground, due to Poland's dual role as a transit zone, coupled with pre-existing challenges in victim protection and human trafficking, has implications for its ability to safeguard trafficking victims and uphold international obligations. Despite the surge in vulnerable populations, the State's capacity to ensure safety and uphold international obligations regarding victim protection remains a critical concern, necessitating an in-depth examination of the State's responses and adherence to established human rights standards. Description: M.A. (Melit.)

2023-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/118576 2024-02-15T06:29:37Z 2023-01-01T00:00:00Z

Title: Does life imprisonment without the possibility of parole breach article 3 of the European Convention on Human Rights? : a comparative analysis Abstract: States are given the liberty to impose criminal measures as they deem fit when a particular crime has been committed, with the greater the severity of the crime, the greater the criminal measure imposed. Life imprisonment is typically reserved for the most heinous crimes and is the most severe form of punishment in most statute books in the European Continent. This Academic writing will analyse the historical justification, in terms of penological goals, behind the imposition of such a measure and determine the historical rationale why such a sanction became widely used throughout Europe. Another objective of this academic writing is determining the stance held by the European Court of Human Rights concerning the imposition of a life sentence without any possibility of the inmate being afforded release and whether such can be deemed to be inherently undignified to constitute inhuman and degrading treatment in terms of Article 3 of the European Convention on Human Rights. The legislation and jurisprudence of various European countries will be analysed to determine if they adhere to the principles and findings of the European Court of Human Rights. Jurisdictions wherein life imprisonment has been abolished, will also be examined to understand the ra8onale behind such an abolition. The author will conclude this academic writing by answering the question posed: whether Life Imprisonment Without the Possibility of Parole Breach Article 3 of the European Convention on Human Rights. The author will then give his opinion on whether the European Countries which have been scrutinised adhere to the principles of the European Court of Human Rights, and suggestions be made on what measures the respective legislators should take to address any deficiencies. Description: M.A. (Melit.)

2023-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/118572 2024-02-15T06:28:21Z 2023-01-01T00:00:00Z

Title: To what extent does the admissibility of illegally obtained evidence tarnish the element of fairness in one’s rights under article 6 of the European Convention on Human Rights? Abstract: Title 1 of Part 1 of Book Second of the Maltese Criminal Code inter alia establishes the procedures upon which the Police must follow when conducting searches, taking samples and performing arrests. Such provisions were put in place in order to ensure that the Police are not allowed to conduct their investigations in a haphazard and irregular manner to the detriment of everyone involved, including the suspects, victims and society as a whole. However, the effectiveness of these provisions is somewhat limited due to Article 349(2) which states that : the omission of any precaution, formality or requirement prescribed under this Title shall be no bar to proving, at the trial, in any manner allowed by law, the facts to which such precaution, formality or requirement relates. The aforementioned provision prima facie renders a significant portion of the Title to which it relates ineffective, bestowing clear disadvantages for the accused at trial, in situations where the Police would have collected a piece of evidence in an irregular manner contrary to the applicable provisions of the Criminal Code. In this regard, this dissertation shall delve into the hypotheses of whether the provisions of Article 349(2) operate to such an extent that they serve to obstruct the victim’s right to a fair trial under article 6 of the European Convention on Human Rights. This Dissertation shall initially delve into the history behind the admissibility rule of illegally obtained evidence, as developed through English law and jurisprudence, as the latter has had a strong influence on the manner in which the rule has been applied by the Maltese Courts. In contrast, this dissertation shall also cover the basic concepts behind the inadmissibility rule and forbidden fruit theory as adopted by the American judicial system. Upon establishing the manner in which both rules were developed and subsequently applied, Chapter 3 focusses on the legal and jurisprudential development of the Maltese position, vis-à-vis the admissibility of illegally obtained evidence, and highlights the influence that the above-mentioned rules have had on Maltese jurisprudence at different points in time. Subsequently, Chapter 4 of this Dissertation discusses the position of the European Court of Human Rights pertaining to the aforementioned hypothesis through the analysis of the Court’s interpretation and application of the element of ‘fairness’ with regards to Article 6 of the Convention. Through this exercise, the impact of the European Court of Human Rights on the development of Maltese law and judgements may be appreciated and the conclusion to the research question achieved. Description: M.A. (Melit.)

2023-01-01T00:00:00Z