https://www.um.edu.mt/library/oar/handle/123456789/7979 2026-04-18T11:56:01Z 2026-04-18T11:56:01Z https://www.um.edu.mt/library/oar/handle/123456789/130298 2025-01-09T05:46:43Z 2013-01-01T00:00:00Z

Title: The systematic human rights violations experienced by Sub-Saharan African female asylum seekers in transit to Europe Abstract: Sub-Saharan female asylum seekers are subjected to the repeated violation of their fundamental human rights. There are many factors which re-enforce this situation. They have limited opportunities to redress the sexual and gender based violence experienced both in their country of origin as well as in the transit countries during their journey towards Europe in search of a better life. The shame and helplessness which victims of rape and SGBV feel often discourages them from reporting these crimes. This results in a 'Conspiracy of Silence', further empowering the perpetrators of these acts of violence and oppression on women to maintain the status quo. Due to the lack of information about the rampant abuse suffered by these women, little is done to address this state of perpetual injustice. The aim of this research is thus to evaluate the human rights violation of Sub-Saharan African women asylum seekers, thereby shedding light on the shadows hiding the cruel and shameful disregard for the wellbeing of the victims. Due to the sensitive nature of the study, a qualitative approach will be adopted as this was considered to be the best way towards an in-depth analysis. Secondary research will be the first tool used to identify the primary causes of the various forms of oppression experienced by the Sub-Saharan women within their country as well as during the migration process. This will be followed by a number of semi-structured interviews with people who are directly involved with female asylum seekers from the Horn of Africa. The resulting data will be instrumental to identifying what action needs to be implemented to protect these women. Description: M.A.HUMAN RIGHTS&DEM.

2013-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/130077 2024-12-30T10:14:39Z 2013-01-01T00:00:00Z

Title: Children's interest : exploring how the mediation service in Malta addresses the children's welfare during separation process Abstract: This research study aims to explore whether children whose parents are going through the separation process at the Maltese Family Court are given the opportunity to be heard. The study also focuses on the professionals' opinion of whether they agree or not in having a child-inclusive mediation service. The professionals interviewed in the study included six family mediators, four family lawyers and two child advocates. The research took a qualitative approach. The semi-structured interview aimed lo 3ather rich and validated information from the skilled and knowledgeable professionals who practice in the Family Court. Thematic analysis of data was employed and all data was coded and gathered into main themes. Overall, findings suggest that at present the mediation service is not giving children enough chance to voice their opinion and concerns about their future. The majority of the professionals interviewed have mixed feelings of whether the mediation service should include the participation of the children. Family mediators do not feel comfortable to speak with children mostly because of the lack of specific training and professional supervision at the Family Court. An important aspect pointed out by all professionals interviewed was that they all feel the lack of liaising and communication between them although they know that liaising is vital as it provides valid information on which suggestions are made to the judges. In addition, the service's structure has various shortages which do not make it accessible to welcome the children. Description: M.A.MEDIATION

2013-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/129888 2024-12-16T09:15:30Z 2013-01-01T00:00:00Z

Title: The development of children's rights from its inception : an assessment of opportunities and improvement Abstract: The intention of this dissertation is to look at the development of child participation in today's society. The dissertation is based on studying the meaning of Article 12 of the Convention on the Rights of the Child, which clearly states that children have the right to participate in the decisions that affect them. The literature analysed in the dissertation describes what Article 12 -that of child participation in the various sectors of society- entails and what its benefits are. It illustrates children's participation in research, from the viewpoint of researchers who have carried out research work with children. This dissertation shows that children must be regarded, not as weak inactive citizens, but as collective and society performer who have the duty to choose to participate in research. Such a scene would amount to more vigilant interest to communicate efficiently with children with reference to research, and guaranteeing that they might have a more essential position in decision-making. However, a good insight on the subject and principles of child participation made both by state parties and adults themselves can lead to a greater way of thinking. Description: M.A.HUMAN RIGHTS&DEM.

2013-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/123023 2024-05-31T10:09:31Z 2013-01-01T00:00:00Z

Title: 'Two of a kind' a private law for non-marital unions in Malta Abstract: I was first provoked into writing my M. Phil. dissertation on the subject of non-marital unions in view of the fact that, notwithstanding the plethora of legislation promulgated over the last years at both the national and supranational level on every subject underneath the sun, non- marital unions and cohabitation remained, at least in Malta and at the point in time when I endevoured on this project until very recently, widespread social phenomena the mere mention of which seems to leave the legislator with a trembling hand. I wondered why this was so and what were the legal consequences ensuing from the lack of 'ad hoc' regulation. I also wondered whether a comparative study of the regulation or non-regulation of cohabitation, particularly in Europe, would be of any help in determining the optimum method of regulation, particularly, for Malta. I was furthermore left entirely exasperated by the fact that there was literally no national debate as to which rights and obligations could or had to be afforded to cohabitees - a discussion which to my mind had to run concurrently with any other possible discussion as to whether a law regulating cohabitation was desirable. At Maltese private law, the legal institute of marriage necessarily requires two persons of a different sex, forming a stable relationship founded on rights and obligations deriving from the very formalisation of that relationship. Though cohabitation is one fundamental characteristic of the latter and constitutes one of the major reciprocal obligations of spouses, cohabitation 'sic et simpliciter' can and does in fact occur when the two partners decide not to formalise their union or, being otherwise unable to do so, decide nevertheless to settle for a situation of 'living together' . Such a relationship, lacking any external legal formality, will grow or otherwise change in time entirely by and through the free will of both partners or of either partner. Truly enough it has been suggested, all over the world since Napoleonic times, that unmarried 'partners' simply do not wish their rights and obligations to be legally regulated. In reply to this it is submitted that this by itself does not provide sufficient justification to let cohabitees fall in a legal 'limbo' of self-regulation or piecemeal regulation as is currently available at Maltese law. A comparative study of foreign laws regulating cohabitation also reveals that there is more than one reason to justify the enactment and bringing into force of such a law. A comparative study of foreign laws regulating cohabitation also reveals that there is more than one reason to justify the enactment and bringing into force of such a law. Such foreign laws still deem it necessary to regulate cohabitation - as an institute distinct from marriage - notwithstanding the existence of divorce and of same-sex marriage. Of particular interest is the history of Spain in this regard whereby since 1994 Spain has recognised unregistered cohabitation for both homosexual and heterosexual couples. [...] Description: M.PHIL.

2013-01-01T00:00:00Z