https://www.um.edu.mt/library/oar/handle/123456789/86532 2026-04-20T18:43:14Z https://www.um.edu.mt/library/oar/handle/123456789/86622 Title: A comparative analysis between Malta and Victoria, Australia, on the right to independent living for people with disability Abstract: This qualitative research explored the extent to which residential services in Malta and Victoria, Australia are in line with Article 19 of the UNCRPD. An analysis of the development of independent living and relevant legislation, policies and practice in Malta and Australia was also carried out. The main research question was, “To what extent are residential services in both Malta and Victoria, Australia, in line with Article 19 of the UNCRPD?” Through this research question, a comparison was made between Malta and Australia on the available physical resource. Also a comparison on the implementation of certain aspects related to Article 19 such as choice, in-home support services and access to the community was performed. The second research question was, “What can Malta adopt from legislation, practices and policies in Victoria, Australia to implement and improve the available resources which are found in Malta to enforce Article 19 in the most effective manner?” Case studies were carried out to answer this research question to compare the processes and resources that both countries have in place and to ensure that the right to independent living is exercised. The findings which emerged in relation to the first research question were regarding choice, in-home support services and access to the community. These are related to Article 19. Other aspects arose which relate to whether Article 19 is being implemented or not such as training and funding. The findings of the second research question dealt with the legislation and policies which Malta should enforce to implement Article 19. The author concluded that Malta should implement legislation related to funding and propose guidelines regarding the type of housing people with disabilities should live in. This study highlights that although Malta has made drastic changes in the disability sector there is still room for improvement. As stated in this study and in the UNCRPD, people with disability have the right to live an independent life just like a non-disabled person with equal opportunities. Description: M.A. (Melit.) 2021-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/86613 Title: The impact of imprisonment on the right to family life Abstract: Human rights have developed and improved throughout the years. From the early days of Plato and Aristotle till today, human rights have never stopped existing. Later on, through the contribution of philosophers such as Rousseau, Montesquieu and Kant, human rights were becoming more of a priority for citizens and States. Human rights belong to each and every individual, and it is the responsibility of the State to ensure that these rights are not violated. Therefore, this means that human rights are applicable even to imprisoned individuals. However, although prisoners are entitled to all human rights, imprisonment imposes some limitations on these rights. The European Convention on Human Rights is one legal document that exists to protect the rights of all individuals. This study focuses on the right to family life in prison and the extent to which the European Court of Human Rights protects such rights. Article 8 of the Convention on Human Rights focuses on an individual's private and family life; nevertheless, for the purposes of this dissertation, the primary focus is on family life in prison. Imprisonment brings with it a variety of problems that detainees must face. One of the most challenging aspects that a prisoner may experience is the restriction on his or her ability to communicate with friends and relatives. As a result, in most circumstances, a successful visit improves the detainee's well-being and serves as a buffer against the hostile environment of a prison. The Committee for the Prevention of Torture has established a number of standards for the treatment of prisoners and the protection of their right to family life. This study will provide an outline of how the Committee developed such standards and how the European Court of Human Rights has protected prisoners' rights and justified certain violations committed by the State. Description: M.A. (Melit.) 2021-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/86612 Title: A comprehensive analysis of the human rights violations in the Democratic People’s Republic of Korea Abstract: It has been proven that the Democratic People’s Republic of Korea, is one of the worlds’ most restrictive governments. Several resolutions have been passed in response to these infractions. Aside from the United Nations, the European Union, Amnesty International and Human Rights Watch have also expressed concern over this issue. The right to life is regarded as the most fundamental and basic right. It should be emphasized that the death penalty is one of the most common violations of the right to life. Time and time again, it has been established that this punishment has been invoked in cases where the crimes did not fall under the category of being one of the most serious. Furthermore, North Korea grossly violates the right to an adequate standard of living. This is because the government has failed to provide for the necessities of life. This right is intertwined with the right to food and the right to healthcare, which both have been grossly infringed over the years. Also, the right to liberty and security of the person is a right which is not guaranteed in the DPRK. As a state, it rarely heeds its Code of Criminal Procedure, particularly when it comes to the imprisonment of a criminal during the investigative and pre-trial stages. Most the detainees were not even provided any documents indicating the decision to detain them. Furthermore, the right to religious freedom is severely restricted within North Korean territory. The government has a monopoly on information and ultimate control over organized life. Religious beliefs are deemed a danger to the loyalty needed by the Supreme Leader, hence religious freedom is denied. Forced labour is a well-established practice in North Korea. A worker in North Korea does not have the right to make a living through freely selected employment, as guaranteed by both the UDHR and the ICESCR. Additionally, in many circumstances, workers would use bribery to be able to work in the private sector. Description: M.A. (Melit.) 2021-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/86608 Title: The protection of journalistic sources under Article 10 of the European Convention Abstract: The European Court of Human Rights has repeatedly affirmed the importance of journalistic sources. The protection of journalistic sources is a prerequisite for freedom of expression, which is fundamental to a democratic society. Journalistic sources are persons who are in possession of important information which is of interest to the public and who pass it on to journalists so that they can report on it. Under Article 10 of the European Convention on Human Rights, journalists have a right to protect the identity of their journalistic sources. Without such protection, journalistic sources could be discouraged from assisting journalists in informing the public. This study examines whether or not the protection of journalistic sources in terms of Article 10 of the European Convention is absolute, and explores the main principles established by the case law of the European Court of Human Rights to protect journalistic sources. It also examines the provisions for the protection of journalistic sources within the Maltese Law. Through a doctrinal legal research and case law analysis of seventeen judgments of the European Court of Human Rights, this research established that the protection of journalistic sources in terms of Article 10 of the European Convention is not absolute, however, the European Court affords a high level of protection over journalistic sources and it interprets this right restrictively. Through the jurisprudence of the European Court a number of principles has been identified which have been explored in this dissertation. Furthermore, it was found that the protection of journalistic sources in Malta is a relatively new concept that has yet to be developed. Description: M.A. (Melit.) 2021-01-01T00:00:00Z