/library/oar/handle/123456789/1912 2025-12-26T15:23:58Z 2025-12-26T15:23:58Z /library/oar/handle/123456789/2169 2018-06-14T12:48:53Z 2014-01-01T00:00:00Z

Title: Trial by media : should it be regulated? Abstract: Justice must not only be done, but, it must be seen to be done; with the passage of time, criminality seems to be on the increase encouraging press curiosity to report on legal proceedings which have now become a sensational feature. Online communication has created new challenges due to its viral effect of internet publications, it is impossible to remove all the information after it has been published on the internet. As a result, this increases the risk of media interference in the outcome of court proceedings. It has also added a new and easier dimension to analyse court proceedings and it often leads the populists to condemn the accused before he/she is properly tried by the court. The motivation of this work is not to advocate the crimes a person might have committed, but, rather, to shine a light on the rights of the accused which may be set aside by the press when the case is sub-judice. Although the person in the limelight might have actually committed the crime, his rights shall not be prejudiced and such rights shall be seen in conjunction with other rights pertaining to third parties, namely the right to freedom of expression and the notion of public interest. With the main focus being the accused’s rights to a fair trial and the right to a private life, the thesis delves into the regional human rights treaties, as well as ECtHR judgments. The local situation is also debated and recommendations in respect to what might be implemented in the future, in view of the issues dealt with throughout the thesis, is set forth. Description: LL.D.

2014-01-01T00:00:00Z /library/oar/handle/123456789/2167 2018-06-14T13:00:26Z 2014-01-01T00:00:00Z

Title: Women and prenatal testing : new medical frontiers, new legal challenges Abstract: The thesis explores the legal implications on women’s autonomy and reproductive rights arising from the use of prenatal tests. Pregnant women are often worried about the unborn child’s physical, mental or genetic health throughout the pregnancy. Undergoing prenatal testing may ease some of these concerns and help gather information that can be discussed with the family doctor. The concepts of reproductive choice, informed consent and confidentiality are discussed in relation to the carrying out of such tests. The study then discusses the legal and regulatory aspects of prenatal testing in relation to the sensitive information it generates. If a woman’s fears are confirmed and the test results reveal an abnormality, she is able to plan in advance the future needs of such child or decide on a termination of the pregnancy, where such option is available. Termination of pregnancy as a consequence of a prenatal test result raises the complex issues of sex selection and the rights of persons with disabilities. Furthermore, in order to protect the foetus from potential harm, the state may use the results from the prenatal tests to control women’s behaviour during the pregnancy. The State will have to find a balance between a pregnant woman’s right to self-determination and access to health information, and the right of the foetus to develop and be born healthy. The thesis also briefly discusses the legal actions relating to negligence in the carrying out of the prenatal tests and the special action for the wrongful birth of a child. Finally, the study ends with a discussion on the lack of legislation in the local context and the regulatory challenges facing Malta, as a result of the continuous developments of safer, more-accurate and less invasive prenatal tests. Description: LL.D.

2014-01-01T00:00:00Z /library/oar/handle/123456789/2146 2018-06-14T10:16:15Z 2014-01-01T00:00:00Z

Title: The need for a reform in the law of libel Abstract: Over the years the role of the press and the media has become increasingly important and today it is one of the fundamental pillars of modern demoracy. Commonly found as the guardian of society, the press provides the right platform for freedom of speech and expression. However, throughout the years – especially with the advent of the internet and social networks – questions have arised about the type of regulation that should guard the guardian. The regulations – deemed to be legitimate and necessary in a democratic society - that guide the press may be of two kinds: internal or external. While the former relates to self-regulation – a matter that has been discussed for many years but few concrete proposals were brought forward – the latter refers to the laws found in the Statute book. This thesis provides the right background for the better understanding of the present scenario but the most important key feature of this work is a ten-point proposal for the much desired change. The proposals are the result of an extensive research carried on two fronts – the local and international scenario. The thesis seeks also to examine the Maltese laws on libel and their chilling effect on freedom of expression in light of the safeguards provided by Article 10 of the ECHR. This work is also a collection of some of the most important judgments handed by both the Courts of Malta and the European Court of Human Rights. The need for a reform in the Law of Libel is divided into five Chapters ranging from the legal historic perspective; the criminal and civil libel; the exhaustive defence pleas found in the Press Act; the discussions held on the subject by the Maltese Parliamentary Select Committee for the Consolidation and Recodification of Laws; the Commission for Holistic Review of the Justice Sector; the comparative law exercise between various jurisdictions and the proposals for change. The whole work had been carried out from an inter-disciplinary perspective but the sole purpose of this Thesis remains a legal analysis and review towards the much desired change in the Law of Libel. Description: LL.D.

2014-01-01T00:00:00Z /library/oar/handle/123456789/2113 2019-02-05T14:14:29Z 2014-01-01T00:00:00Z

Title: Give and let live : setting up a legislative lifeline to reduce organ shortage Abstract: While the lack of transplantable organs creates a gaping medical void, the need to replenish the gap has been explored through different avenues, including legal initiatives. This study sheds light on the adoption of an EU wide risk regulation regime which safeguards the qualitative aspect of human organs. Owing to increased patient mobility, the formulation of safety criteria aiming for the prevention of risk spreading is certainly a logical point of departure. Having identified quality and safety measures applied on a level playing field, the study‟s second aim is to examine the importance of consent in post mortem donation. Moving away from a paternalistic attitude, the time has certainly come to acquiesce to the individual‟s bona fide intention to donate his organs after death. Alongside deceased donation, the study explores the possibility of widening the donor recipient relationship in live donations. Surely, living organ donation requires legislators to tread more carefully. However, it is argued that amidst the organ shortage battle, the legal restriction of the donor recipient relationship amounts to artificial organ shortfall. Prima facie, proposals for financial and non financial incentives to prompt more individuals to give the gift of life sound attractive. However, it is argued that overarching patient rights coupled with ethical intricacies defeat their initial potential. On a more national basis, minimum harmonisation measures pertaining to quality and safety of human organs are not sufficient on their own. The need to address other issues such as post mortem organ donation and increased donor and recipient rights is pertinent. On a wider scale, the study concludes that on their own, legal initiatives are too feeble to reduce organ shortage. Description: LL.D.

2014-01-01T00:00:00Z