https://www.um.edu.mt/library/oar/handle/123456789/70016 2026-04-21T00:36:42Z https://www.um.edu.mt/library/oar/handle/123456789/70091 Title: Prison management and human rights Abstract: Prison constitutes a true archetype of the human condition, a microcosm that reflects the macrocosm of the outside world. "The degree of a state's civilization is measured by the degree of civilization of his prisons", said Voltaire. It is, by definition, a place of atonement for a sentence, an environment where prisoners are temporarily deprived of their freedom for having committed a crime. The following are the questions this thesis puts is what happens inside European correctional institutions? What rights do the inmates have? Where can they apply for protection and under what rules? What theories apply in the world of prisons? Are human rights protected within Europe? How can a manager apply an approach that respects human rights and safeguards prisoners on a daily basis? These simple questions introduce the subject matter of this research, which focuses on the management of penal institutions from a human rights perspective, using the extensive case law produced by the European Court of Human Rights. The issue under consideration has a relevance that goes beyond national borders, since it involves fundamental human rights, which are both internationally recognized and protected. Past violations and abuses brought before the European Court of Human rights in the understanding of wrongdoings by the management of prisons while enabling all stakeholders to make the necessary improvements for the future. Description: M.A.HUMAN RIGHTS&PRACTICE 2020-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/70088 Title: Enforcement of international human rights law : a transnational study of irregular migration in the Mediterranean Abstract: This paper carries out a desk research on international agreements and law that bind countries to their principles and aims legally. Then it carries out a discussion on this with a specific focus on Malta in the context of its treatment of migrants in detention, with respect to its national laws, European Laws and the obligations it has towards other regional and international laws that it is a signatory to. The discussion is then taken to case studies that defined the Maltese legal system from influence of the ECtHR judgments. This was then used to take parallels from a case study that is more recent allowing for a discussion on the current system set in place and the international entities that exert legal and political influence on national legal structures within the EU. This allows the discussion to ask a number of questions on the legality of the issues, the importance and impact of international bodies and entities as well as the overall respect towards human rights from national governments. Description: M.A.HUMAN RIGHTS&PRACTICE 2020-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/70087 Title: The intersectionality of freedom of religion or belief with minority protection : the case of places of worship in Malta Abstract: This dissertation revisits the documents which have proclaimed Freedom of Religion and Belief, and minority protection, intending to analyse the critical debates In the intersection of these rights. Emphasis is put on ECtHR case law and its role in interpreting and apply the provisions on Freedom of Religion or Belief. Additionally, an analysis of the Maltese scenario has been employed through a discussion in relation to the Constitution of Malta and Planning Legislation and decisions. A gap in this regard is identified, whereby religious minorities or rather the individuals in exercising their right through the community, find it challenging to acquire places of worship. The methodology adopted to collect the required data was the doctrinal or armchair methodology, whereby primary and secondary sources were critically questioned and analysed. The study first examines the various proclamations on Freedom of Religion and the general principles established by the ECtHR, then follows with an analysis on Minority Protection, whereby the intersection of both these theories adds value to the Human Rights safeguarded through Freedom of Religion or Belief. The establishment of this discussion leads to an analysis of a specific ‘manifestation’, guaranteed by the same rights vis-a-vis the margin of appreciation enjoyed by the State. A study of the ECtHR judgments guides the nation-state to adopt more adequate laws and policies to ensure that the rights of persons belonging to religious minorities are guaranteed through more clear and distinct guidance without unnecessary bureaucratic restrictions. Description: M.A.HUMAN RIGHTS&PRACTICE 2020-01-01T00:00:00Z