Minority rights

A few years ago I had occasion to criticise in parliament the civil courts for being far too conservative in their approach to family law cases. You simply cannot turn the clock back and impose a high code of morals in such issues.

Granted, we have no divorce law in Malta and it is not my intention either to bring up this hot issue at this stage. However, statistics have shown that irretrievable breakdown of marriages is commonplace. Not only this, but the fact that separated people are regarded at law as being still legally married and bound by fidelity has not in any way deterred them from entering into new relationships if they so pleased.

Our courts still feel bound to stress the point to separating parties that they are still prohibited at law from entering into future extra-marital relations and that their failure to adhere to this would result in serious repercussions.

According to our law, living with a partner is still regarded as illicit and therefore such particular lifestyle is afforded no protection at law.

Worse still, such relationships are regarded by the court as scandalous, so much so that occasionally in such instances the parent involved could even lose custody of the children born in a previous marriage. At times, when both spouses end up in extra-marital relationships, the courts have even gone so far as to order that the children be put into childcare. In such instances, it is the innocent child that, more often than not, suffers.

However, the courts fail to distinguish between promiscuity, which definitely could be scandalous to the minor child, and steady, long-time, monogamous relationships.

Even more preoccupying is the fact that notwithstanding our anachronistic legal framework, the number of children being born out of wedlock is ever on the increase, indicating clearly how rampant extra-marital relationships have become.

Unfortunately, this is not surprising since this seems to be the trend elsewhere and our country is no longer as insular as it used to be. This is undoubtedly creating great hardships to many people.

It is true that the Church carries great weight and influence and hopefully will remain so in the future. The Church obviously has not only a right but a duty to expound its doctrines and the majority of its faithful will continue to adhere to them. On the other hand, the government is a lay body and must cater for the needs of all the citizens of the country, even those who no longer follow traditional religious values.

In this respect, both our major parties, over the years, have been audacious enough to set the ball rolling to try and introduce certain reforms.

In its pre-1996 manifesto, for example, the Nationalist Party had hinted at its intention of introducing a law which would cater for family relationships outside marriage and children born out of wedlock.

The Labour Party too has occasionally expressed itself in similar terms. However, no bill or White Paper was ever drafted. The issue is simply too much of a hot potato and governments will keep on postponing it. In the meantime, hundreds, if not thousands, of Maltese citizens continue to suffer great hardship and prejudice.

There are instances, for example, when women would have dedicated the best part of their lives to a particular man but for some legal impediment or other would not have entered into marriage. These find themselves in the lurch as soon as their partner feels he would want to terminate the relationship.

In such instances, they would not be able to pursue for maintenance or for their share of what would have been acquired during their relationship. Similarly, such persons are put at a disadvantage when it comes to social assistance and other related matters.

The time is now ripe for the government to take a stand. Undoubtedly, a detailed report should be commissioned so that the government will have the necessary statistics on how many people today are living in such circumstances.

The report should also recommend adequate legislation aimed at regulating such partnerships and affording the necessary legal protection.

The problems are there for all to see and to simply ignore them further would be to act with absolute bigotry.

Dr Herrera is Labour Party spokesman on financial and maritime services.