/library/oar/handle/123456789/1914 2025-11-09T11:05:41Z /library/oar/handle/123456789/132394 Title: Comparative analysis of temporary protection for Ukrainian nationals fleeing war and standard asylum procedures : addressing double standards Abstract: This dissertation examines the comparative treatment of Ukrainian nationals fleeing the 2022 war and other asylum seekers, with a focus on temporary protection versus standard asylum procedures. The study analyzes the differential responses of host countries, particularly in Europe, to refugees from Ukraine compared to those from other conflict zones such as the Middle East and Africa. Drawing on international refugee law, political dynamics, and public perceptions, the research explores how temporary protection mechanisms for Ukrainian refugees have been implemented and contrasts these practices with the standard asylum processes. A central theme is the identification of double standards in refugee protection, highlighting disparities in access to rights, services, and support. Through critical analysis of legal, ethical, and humanitarian considerations, the dissertation discusses the implications of such disparities for the international protection regime. The final section offers policy recommendations aimed at fostering greater fairness, transparency, and international cooperation in asylum systems, with a call for reform to address inequalities in refugee treatment. This study contributes to the broader discourse on global refugee protection, urging a reevaluation of asylum policies to ensure they align with human rights principles and international obligations. Description: M.A.(Melit.) 2025-01-01T00:00:00Z /library/oar/handle/123456789/132392 Title: Detention conditions for vulnerable asylum seekers in Malta : a breach of article 3 of the ECHR Abstract: This study analyses interpretation of article 3 of the European Convention of Human Rights (ECHR) in judgements delivered by the European Courts of Human Rights (ECtHR) in cases concerning vulnerable asylum seekers in Maltese detention centres. As the ECHR explains, article 3 main principle addresses the prohibition of torture, degrading and inhumane treatment. This dissertation aims to understands how through national and regional legislation, Malta adhered to the positive obligation set by article 3 on regards vulnerable asylum seekers who are placed in detention. The judgements selected included vulnerable asylum seekers on the grounds of age and gender, and individuals who had specific medical needs. Through a qualitative analysis of verdicts delivered by the ECtHR, national and regional laws, this study identified systemic gaps in the treatment and care of vulnerable asylum seekers in the Maltese detention centre. Some of the findings exposed issues related to the ineffective detention conditions, overcrowdings in the detention centres, lack information, unprepared staff, poor conditions of detention facilities, and reduced speed in procedures related to identifying present vulnerabilities in the detainees. This has often been criticised by the ECtHR through presented judgements analysed in this study. The dissertation concludes by suggesting a number of recommendations that will improve the observance of article 3 of the ECHR in the Maltese detention centres. Description: M.A.(Melit.) 2025-01-01T00:00:00Z /library/oar/handle/123456789/132391 Title: Access to justice for victims of violent crimes Abstract: This thesis examines the legal frameworks and support mechanisms for victims of violent crime, with a particular focus on domestic violence in Malta. It assesses the interplay between Maltese law, the European Union’s Victims’ Rights Directive, and the Council of Europe’s Istanbul Convention, as well as insights from the 2020 GREVIO report and the findings of a magisterial inquiry into domestic violence cases in Malta. This study aims to address the following research questions: What is the current situation regarding domestic violence in Malta? To what extent is Malta adhering to the Victims’ Rights Directive 2012/29/EU in cases of domestic violence? How can Malta’s adherence be improved? The research highlights challenges in aligning Maltese legal practices with international standards, particularly in the areas of risk assessments, timely responses, and support services. Findings from the GREVIO report and ministerial inquiry further underscore systemic gaps, including delays in legal proceedings, inconsistent enforcement of protection orders, and limited resources for professional training. Recommendations include strengthening risk assessment procedures, increasing transparency in case handling, and establishing domestic homicide reviews to improve preventative measures. Ultimately, the study advocates for a victim-centered approach in Maltese policy and law aimed at fostering a safer environment for those impacted by domestic violence. Description: M.A.(Melit.) 2025-01-01T00:00:00Z /library/oar/handle/123456789/129724 Title: An analysis of the human rights violations on women and children in occupation Abstract: This research examines the severe human rights violations suffered by women and children in occupied territories, focusing on their unique vulnerabilities, needs, and challenges. Women and children often face various violations, including sexual and gender-based violence (SGBV), exploitation, displacement, and deprivation of basic rights such as their right to life, right to education, and right to healthcare. Despite international instruments’ protection and recognition, such as the Convention on the Rights of the Child (CRC) and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), protection and enforcement mechanisms remain weak. Consequently, this has long-term psychological, social, and economic consequences on this vulnerable group. This suffering extends to post-occupation settings, where women and children seeking asylum are further victimised. This dissertation employs a multifaceted methodological schema, combining theoretical, legal, and analytical analysis to provide a complete overview of the abuses suffered by women and children and the needed humanitarian response. The research concludes by proposing significant changes in international policy and protective mechanisms to ensure the fulfilment of the rights of women and children in occupation. It highlights the crucial role of humanitarian organisations and National Human Rights Institutions (NHRIs) in filling the gap left by international legal instruments. It also mentions the need for specialised courts for women and children to have access to adequate justice in courts where their struggle is given importance. Description: M.A.(Melit.) 2024-01-01T00:00:00Z