/library/oar/handle/123456789/118899 Sun, 09 Nov 2025 17:22:48 GMT 2025-11-09T17:22:48Z /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.) Mon, 01 Jan 2024 00:00:00 GMT /library/oar/handle/123456789/129724 2024-01-01T00:00:00Z /library/oar/handle/123456789/129631 Title: A due process analysis of the national legal regime granting the right to legal representation during the interrogation of suspects Abstract: The topic of legal representation as one of the cardinal rights of an arrested person, proves to be one of the most important and sensitive topics that are dealt with within the realm of Public / Criminal Law. This is because throughout the evolution of its legislative framework, it has posed critical human rights challenges in the light of article 6 of the ECHR. These challenges have seen a multitude of cases across the whole of Europe, including Malta, with the legal validity of police statements as evidence in criminal proceedings being challenged, and in many instances expunged from such proceedings. In this study, the researcher shall be making a critical analysis of the Maltese legal regime upon this topic, complemented by a detailed timeline of case law from both the local and the European scene, particularly those delivered by the ECHR. This shall be raising and answering important research questions surrounding the manner of transposition of EU legislation into Maltese Laws on this matter, and the conflicting views undertaken by the different Courts upon the lack of having legal access in custody. The opinions and commentary of the researcher shall not be exclusively from an academic perspective, but complemented with work experience, from years of law enforcement background, being involved in hundreds of criminal investigations and their respective prosecutions. In addition, from years as a practicing lawyer, in assisting hundreds of criminal suspects as clients, during their interrogations, and subsequent defence in criminal cases, where in some, ancillary constitutional challenges were also necessary. Description: M.A.(Melit.) Mon, 01 Jan 2024 00:00:00 GMT /library/oar/handle/123456789/129631 2024-01-01T00:00:00Z /library/oar/handle/123456789/129630 Title: Balancing justice, national security and protecting the vulnerable under article 5 and 6 of the ECHR : a critical inquiry of the asylum framework in Malta Abstract: In 1948, during the United Nations General Assembly of the Universal Declaration of Human Rights, profound words placed all human beings, to be at pari passu, regardless of their social and cultural backgrounds, gender identity and sexual orientation and this has since been accepted as a legal obligation both in International Law and European Law. The European Convention on Human Rights (ECHR) appears to have only sporadic significance to individuals seeking refuge in Europe since it contains no specific provisions pertaining to asylum, yet this is not so since the extensive corpus of legal guidance that resulted from the institutions of the Convention, norms and legal obligations were established for individuals seeking refuge and their rights throughout Europe. Asylum seekers need additional special protection to exercise their rights, both equally and effectively since they are often fleeing torture, degrading and inhumane treatment in their countries of origin therefore they should not endure criminal punishment for fleeing from persecution whilst trying to safeguard their and their loved one’s lives. They often depend on the protection of their host state under the principle of non-refoulment which can be said to be indirectly protected by Article 3 ECHR, however, they sometimes face more severe challenges and suffer human rights violations. Research, for instance, underlines how these risks are exacerbated in a detention context and well as pending the asylum procedure, however the manner in which they are treated throughout and within this procedure often raises concerns as to whether their dignity and protection are being guaranteed. Together with the protection and rights generally granted to every human being, this research will conduct a thorough assessment of Article 5 and Article 6 of the ECHR and determine their impact on the asylum framework especially in Malta. The dissertation shall not only contribute to the literature on asylum, migration and human rights but will also provide an interesting analysis and possibly, recommendations as to how asylum seekers’ may be treated better and hence have their fundamental human rights within Article 5 and Article 6 of the ECHR upheld. Description: M.A.(Melit.) Mon, 01 Jan 2024 00:00:00 GMT /library/oar/handle/123456789/129630 2024-01-01T00:00:00Z /library/oar/handle/123456789/129629 Title: Access to healthcare : a human rights perspective Abstract: The study aims to analyse the themes that emerge due to the convergence of case law and access to healthcare. Additionally, the dissertation seeks to develop policy recommendations that strengthen fair access to healthcare. Using a qualitative research design, the study concentrated on analysing case law regarding access to healthcare for migrants and access to reproductive healthcare. The key themes identified in the analysis on access to healthcare for migrants focused on the flexible definition of the standard of healthcare that states must maintain in accordance with international legal instruments. Furthermore, court judgements highlighted the challenge of discriminatory access to healthcare, an inadequate standard in the quality of mental healthcare and environmental and physical conditions in relations to health status. The analysis focusing on reproductive healthcare emphasized obstacles in accessing reproductive healthcare, challenges in balancing state policy with individual rights, and the importance of providing protection of minors in healthcare access. The policy recommendations developed focused on safeguarding access to comprehensive abortion treatment from obstacles arising from conscientious objection, and improving living conditions for migrants in detention centres whilst taking into consideration mental health services. Furthermore, states should ensure equal access to healthcare for children, and enact regulations to protect individuals seeking reproductive healthcare from harassment. Description: M.A.(Melit.) Mon, 01 Jan 2024 00:00:00 GMT /library/oar/handle/123456789/129629 2024-01-01T00:00:00Z