Human Rights Campaign Publication

Editorial Board: Editor : Kathyrn Zahra, Publication Consultant: Abigail Cremona, Designer : Ivan Vassallo

Contributors:

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Editorial Board

Editorial Kathryn Zahra

During these last few days we have been bombarded with images that reflect upon the state of human rights in several countries. Without a doubt these issues have made most of us halt in our tracks and think of the situation of the current human state – which, if you allow me to say, at times seems to be quite bleak. Having said so, I believe that many of us have the potential to change some of these situations through education, information and ceaseless dedication.

This campaign was weaved together in order to bring to the students information, and promote the welfare of all human beings. All the work you will see in these pages reflect the values of authors from various walks of life whom were brought together for this noble cause. No words can begin to express my gratitude towards all the contributors who have helped to see this release, which you are now holding in your hands.

I encourage you, dear reader, to browse through these articles and ponder upon the thoughts which they deliver. Moreover, you are all invited to visit GHSK, MMSA and UESA during the Human Rights Week on campus, everyday from the 7th till the 11th March.

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Kathryn Zahra, Editorial

A Humane Kiss Carlo Calleja; President Moviment Kattoliku Studenti Universitarji (MKSU) Movies are fun to watch but are not watched just for fun. Social realist producer Ken Loach, in his multiple award winning movie Ae Fond Kiss (2004) challenges our views about daily inconspicuous situations where human rights are still being violated.

The movie introduces us to the tough goings on in the developing relationship between Casim, a promising DJ, living in a Pakistani community in Glasgow, and Roisin, a music teacher in a Catholic School. Casim is Muslim, and his family have already arranged his wedding to his cousin Jasmine whom he has never even met. Roisin comes from an Irish Catholic family and is estranged from her husband whom she married in haste when she was only 19 years old. The situation seems irreconcilable. If Casim agrees to live with Roisin, a white girl, he will bring shame on the whole Pakistani community with serious repercussions. Similarly, Roisin will have to give up her work as she is told that she cannot teach in a Catholic School and have a relationship outside wedlock at the same time. Any move attempted seems to trespass on other persons’ rights. However, someone, somewhere, must give in and attend to their duties.

Underneath the characters one can sense characteristics present in our society.

Casim gives us a feel of the difficulty of living in a community where ingrained traditions have their value and importance. Loach illustrates a similar, western attitude shared by Roisin’s family and the School. Casim’s dream of building a new disco where there is no dress code, where “there’s never expectation and everyone’s allowed” is perhaps also Loach’s dream (and mine by the way) for all humanity.

I believe the key to giving importance to human rights on a daily, personal level is hidden in the subtle messages delivered by the secondary characters. Right at the beginning of the movie, we see Tahara, Casim’s younger sister to be well integrated into the Glaswegian culture. Yet she pays the price of giving up her rights in order to attend to other, more pressing duties. The Headmaster’s attitude starkly contrasts with the Parish Priest’s. While the former is concerned with the person, the latter is concerned with sin; the former more understanding, the latter more condemning.

The film ends rather abruptly, and although Casim and Roisin appear to go ahead with their relationship, the decision of what ought or not be done is left for us to decide. One cannot ignore the fact that because Casim and Roisin have taken their relationship too far too early, they end up expecting from each other what they cannot even promise. Casim has a right to marry whoever he wants but has duties to observe; Roisin has her own rights as well, but this too must be seen within the perspective of what her particular – indeed painful – situation demands. While both the Headmaster and the Parish Priest represent the same institution, yet they address the same situation in seemingly opposite ways.

Through Ae Fond Kiss, which is Glaswegian for Just a Kiss, Ken Loach opens a window to the duties hidden in every right and the responsibilities of every relationship. The movie is surely a must-see but be warned: you will never look at daily situations in the same way again!

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“Underneath the characters one can sense characteristics present in our society. Casim gives us a feel of the difficulty of living in a community where ingrained traditions have their value and importance. Loach illustrates a similar, western attitude shared

by Roisin’s family and the School. “

Carlo Calleja; A Humane Kiss

Freedom of Religious Worship Ivan Vassallo Centru Alcide de Gasperi

One of the most recurring issues in history and particularly in this century is that religious freedom. Written just 3 years after the end of the Second World War, the Universal declaration of Human Rights also speaks about the issue of religious freedom.

Article 18 of the Declaration Rights states that:

“Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.”

This is also argued by other international institutions. In his faculty as OSCE’s (Organization for Security and Cooperation in Europe) ‘Representative on combating racism, xenophobia and discrimination, with a special focus on discrimination against Christians and members of other religions’, Italian sociologist of religions Massimo Introvigne speaks about a number of issues which involve Freedom of Worship. Introvigne describes freedom of worship, from a juridical point of view, as a negative right which on one hand involves a ‘right to error’ while at the same time secures an ‘immunity from being coerced’. Thus in this context a profession of faith cannot and ideally must not be imposed by force. This view however, is seen as a limit, religion from a Catholic outlook also entails the ‘ability to make one’s own decision based on truth’. Thus in this vision there are two main challenges to religious freedom, on one hand the toleration and protection of one’s liberty to choose which faith to follow, the other is the relationship between belief and the idea of truth. In this context therefore there are two manifest threats to religious freedom: Politically motivated religious coercion and relativism.

Of course the most manifest concerns about religious freedom are in relationship to the right of practicing and the freedom of choosing one’s own religion – that freedom from being coerced which was already mentioned. Thus a case in point is that of, the native Christian communities in Iraq, The Chaldean and Assyrian Christians who have been the target of terrorist activity in the years following the collapse of Saddam Hussein’s regime. Most of these communities had to move to the safer Kurdistan which enjoys as semi-autonomous status, or even to emigrate in other parts of the world as Australia and the United

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States. In relation to the recent events in Egypt one cannot leave out the Coptic Christians who constitute 10% of Egypt’s population but which contributed significant figures of modern Egypt like Makram Ebeid one of the fathers of the modern Egyptian state, and Boutros BoutrosGhali former secretary general of the United Nations. While Hosni Mubarak’s regime in the name of national unity promoted the security of the Copts in Egypt, this religious group still had to endure a substantial discrimination as exemplified with the lack of permissions given to restore churches. Clashes on religious freedom may also have social concerns, in India where members from the lower castes are converting to Christianity arousing the anger of members of the higher castes. Another case is that of Abdul Rahman from Afghanistan, who was sentenced to death for converting to Christianity from Islam. This happened in the same Afghanistan which was liberated from the Taliban because it was a “terrorist and fundamentalist” regime. To continue living as a Christian however Rahman and his family were given asylum by the Italian Government on the 29th March 2006.

At the same time there is a more subtle threat to freedom of worship in a relativism which would attack the right of religious expression. Freedom of worship also entails that the public dimension of religion must be recognised and allowed to express itself.

In fact for a religious freedom to be authentic religion cannot be restricted to its private dimension. This is the case which has been observed particularly in Europe especially in the sentence of the European Court of Human

Rights which November 2009 sanctioned the removal of crucifixes from schools. This was a decision which the same court did not have power to impose and which was criticized by several National governments in Europe. On the other hand in political discourse, both in Europe and now also in Malta when religious communities and particularly the Church speaks out on its ethical, social and political views this is followed by a harsh, sometimes irrational criticism. In fact most of the criticism is not specifically against the positions which are expressed by the Church (which many times are discussed superficially) but more because it is the Church which is speaking out as an institution which represents the people.

Furthermore in Europe itself some political leaders seem uneasy in condemning religious violence as it happened when Baroness Ashton (the EU’s High Representative for Foreign Affairs and Security Policy) and other member states refused to refer specifically to Christians and not to other faiths, deeming it “politically incorrect”, despite the fact that the majority of acts of religious violence in recent years are perpetrated against Christians.

Thus in this context to sustain religious freedom in a full sense, one must not only seek to protect a community from the most evident forms of coercion. There are other more insidious threats to religious freedom, those intellectual barriers which restrict governments from taking actions against such coercions or worse impose coercions on the free practice of religion in all its facets.

Ivan Vassallo; Freedom of Worship

The Concept of Human Rights in the Islamic World John-Claude Mizzi & Catherine Grima; Executive Members AEGEE

The U.N. Universal Declaration on Human Rights implicitly and explicitly presumes that notwithstanding the different cultural background and existential conditions of the individual human being, there is a set of rights which is available to all who fall within the species of ‘human beings’. One can, to an extent, say that this is a precondition on which the other provisions of the declaration are based.

The reason for the use of the phrase ‘other provisions’ is because the Universal Declaration on Human Rights, in article 1 , declares the concept of universality which is so inseparably fused with all the following provisions. This is also Farhang’s view. However, it is on this point that Islam feels that its own interpretation of human rights differs fundamentally from Western philosophy and perspective.

In the Islamic religious tradition it is believed that the community, particularly the religious community, comes before the individual. Islam can be understood as being a self-contained and self-supportive entity .

Khadduri describes Islam as being “a compact wall, whose bricks support each other”. However, many believe that at some point Islamic principles cease to be rational and tend to shift onto the plane of arbitrariness and religious (religio-traditional) autocracy veiled by the justification that it is the will of Allah, and thus the Divine law, which is unquestionable and thus unalterable.

Muslims believe that the role of the person is not only to ensure the preservation of the cultural traditions, but also to recognize that the community provides for the integration of the human personality (a diplomatic way of hindering the possibility of free thought). After this concept is instilled into the mind of the Muslim follower, self-abnegation is no longer an issue and thus it becomes relatively easier to perform in a way which promotes solely the collective good for the community.

Within the African perspective it is also clear that the emphasis is on ‘duty’ more than it is on ‘rights’, and this has undeniably been culturally determined. In Islam specifically, an individual’s obligation is consolidated by it being owed to Allah . One necessarily also finds that what has been said is relevant when speaking, in a manner, within the context of Natural law. Natural Law consists solely of obligations, and the rights which seem to emanate from it are merely a derivate of the other

party’s obligation. However, in Natural law the obligation is not owed to any supernatural being but rather to human dignity; and human dignity is something which can be observed, which makes the basis of natural law, unlike at times in Islamic law, rational in nature. This is the major differentiating factor between Natural Law understanding of Human Rights and the Islamic view in this regard. Hence one cannot equate the former’s understanding on the concept of human rights with that of the latter’s.

The rules of conduct for Muslims have been laid down by Allah in the Qu’ran and communicated to them through the Prophet Muhammad; Muslims do service to Allah by following them. With this known, one can clearly see that the only reference which is made is done in regard to ‘duties’.‘Rights’ are always, as a result, superseded by ‘duties’.

From this one can then assert that in Islam human rights are one and the same with obligations, derived from the Divine’s mandate.

The force and authority of human rights in the Islamic culture is asserted from this religious connection, seen always as being the privilege of Allah, within whom all authority ultimately resides.

There is a firm belief that one can only truly be free if there is complete surrender to the Divine. In fact, basing his ideas on this notion, Nasr argues that Islam favours ‘freedom to’, rather than ‘freedom against’.

This whole issue is very arguable when seen in regard to the reality brought about by, say, apostasy. When a person changes religion from Islam, or even when that person is not Islamic for that matter; that person, according to a very close interpretation of what Islam believes, loses all human rights, or in the case of the person not being Islamic, does not have any rights to begin with – if one follows the line of thought adhered to by Muslims that rights granted to a person are only due to a submission to the mandate of Allah. In fact when one reads the punishment for apostasy under Shari’a law one finds that there is complete and utter disregard for any dignity which that person is entitled to. This, many hold, is a clear example of the arbitrariness of the Islamic perspective of human rights. Muslims, through their religious traditions and written texts, exclaim that for human rights to ever be ‘universal’ there must be global conversion to Islam.

The Islamic perspective of human rights is fundamentally different from that which governs the perspective of human rights in the Western world since the latter is based solely on the principles of human dignity, while the Eastern view is centred around the idea that it is one’s obligation to Allah to perform in a manner according to what was communicated by Him through His Prophet Muhammad. The fundamental problem which keeps Islam from ever being in line with the modern interpretation of what are a persons’ rights, is that the Qu’ran cannot be interpreted in today’s post-modern world and thus what were not considered to be rights 1400 years ago are rights today. The scripture is the major contributor in keeping the Muslim community from advancing in regard to human rights, and will continue to do so until, if ever, this cultural obstacle is done away with.

This short article is not meant to be a conclusive statement on the human rights aspect in the Eastern tradition, particularly in Islam. It merely acts as an eye-opener, or rather food for thought, on the issue regarding the rights which are, or better yet, which ought to be afforded to each and every person irrespective of cultural or existential conditions to which that person is subjected. Many critics support the idea that unless laws, particularly human rights laws, find their basis to be the dignity of man, those laws are no laws at all. In the words of St. Augustine of Hippo, “an unjust law is no law at all” .

Page 6 John Claude Mizzi & Catherine Grima, Human Rights and islam

SafeguardingPrivacyintheDigitalAge Francine Caruana; Executive Consultation MEUSAC Have you ever questioned what happens to your personal information once you create an account on a social networking site, shop or share photos and documents online? How, why, by whom, and for how long is this data used? How do you go about permanently deleting a social networking account and all data associated with it?

High-speed internet, webconnected mobile devices and user-generated content on the web have opened up new possibilities. Because of its decentralised, open, and interactive nature, the Internet now serves as a powerful vehicle for expression and provides individuals with various tools for communication and interaction. It has made the exchange of information easier, faster and global. Users can now reach and create communities of interest despite geographic, social, and political barriers. Social networking sites, with hundreds of millions of members spread across the globe, are perhaps the most obvious example of this phenomenon. The Internet places the corner store and a store two continents away equally at the individual’s fingertips. It is also an unprecedented mechanism for delivering government and social services: from education and healthcare to public information.

But when you access social networking websites or buy a product online it is inevitable that you part with a certain amount of your personal information. Controlling your information, having access to your data and being able to modify or delete it are, therefore, essential rights that have to be guaranteed in today’s digital world where it is getting harder to keep one’s personal details private. For this reason, the benefits of technology to individuals, businesses and public authorities must go hand in hand with the necessary respect for personal data. Individuals’ personal data must be duly safeguarded whatever the technology used.

Historically, the European Union (EU) has played a key role in striving for the development and introduction of national data protection law in a number of legal systems in the EU which did not have such legislation previously. An important instrument in this respect is Directive 95/46/EC of 1995 on the protection of individuals with regards to the processing of personal data and on the free movement of such data (the Data Protection Directive). The EU Charter of Fundamental Rights which, according to the new Article 6 of

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the Treaty of the EU enjoys “the same legal value as the Treaties”, enshrines data protection as a fundamental right under Article 8. This inclusion of data protection as an autonomous fundamental right is a recognition by the EU of great importance to the technological progress and an attempt to make sure that fundamental rights take account of this progress.

Fifteen years later, the principles enshrined in the Data Protection Directive remain valid. However, rapid technological developments and globalisation have profoundly changed the world around us and brought new challenges for the protection of personal data.

For this reason, the European Commission has recently adopted a strategy entitled ‘A Comprehensive approach on personal data protection in the European Union’ to strengthen current EU rules on data protection in order to protect the fundamental rights of natural persons and, in particular, their right to protection of personal data in all policy areas in line with Article 8 of the Charter.

The main objective of the Commission’s strategy is to ensure that people are aware of what happens to the information which they share with companies, public authorities and social networking sites. In

line with the envisaged new rules, holders of personal information such as internet services providers or search engines, would have to reveal who is collecting data and for what purpose. The strategy also emphasises the need to introduce the “right to be forgotten”. This means that individuals should have the right to have their personal information deleted once and for all when they are no longer interested remaining on, for example, a social networking site.

No one can deny the benefits stemming from the new technological improvements that have literally changed our lives. Nonetheless, such developments must not take place to the detriment of the necessary protection which ought to be afforded to individuals’ personal data.

Therefore, whilst reaping the full benefits of the Digital Age, we must ensure that the right to privacy of individuals is duly safeguarded.

The Commission’s strategy is a step in the right direction that is to be followed up by concrete proposals which the Commission intends to adopt later on this year.

Francine Caruana; Privacy in the Digital Age

Woman’s Rights in Malta: Are they being taken for Granted?

Cain Grech; Secretary General MOVE Progressive Students Being a democratic state, women in Malta have the same rights as their male counterparts in society; as codified in the constitution which prohibits discrimination of various forms including gender. Theoretically, this makes women en par with men in becoming active in the various economic and social activities of our country. However, from a practical point of view, the participation rate of women both in the labour market and the political scene is much lower than that of men.

Taking a look at the political scene as it is nowadays, there are currently six female Members of Parliament who account for 8.7% of the total 69 MPs. This figure is the lowest in the European Union and also places Malta behind other countries which are perceived as being less developed than others or countries which are still undergoing political and economic transition. This low figure is also reflected in the participation of women in local councils where only 87 participate in this level of governance, as opposed to the much higher figure of 357 men. It is highly important to note that participating in a local council is essential for women to voice their concerns at the community level, a vital level which should bring society closer together through cooperation between the locality in question and its ad-

ministration. Moreover, local councils should also serve as an example to the higher central authorities and not vice versa, with participation of women at this level reflecting the fact that women could become more active at the higher decision making levels, where the hub of national political weight is located. When it comes to Gender Equality, Local Councils should be targeted in order to implement reforms on council regulations.

This low participation rate is translated in, and it could also bear its inception from the traditional perception that the female character ‘belongs’ in the domestic sphere; with the male character claiming the labour market and political scene as his own. Basically, the problem rests on the challenge faced by women to balance family and work – a challenge widely regarded as the primary reason why in our country we have a low participation of women in the labour market. The female activity rate accounts for around 37.5% in Malta, an interesting figure when statistics show that females participating in tertiary education outnumber males. Nevertheless, regardless of the increase in women undergoing tertiary education and a large investment in this area throughout the years, female participation in the workforce rose by a pathetic 0.4% during these past 10

years.

With the 15-54 age group being the primary workforce in any country, it is easy to pin point the fact that this low participation level results from a number of shortcomings that are making it much difficult for women to have a job and at the same time raise a family. A lack of child-care facilities was highlighted in the various studies carried out, such as in the Operational Programme II for ESF funding in Malta. In this OP, it was noted that the opportunity of child-care is an important measure that needs to be promoted and utilized in order to increase the rate of female participation in the workforce. Today, we are seeing the practice of child-care facilities being offered in the workplace, however, this is not yet very common.

The imbalance of life-work makes it difficult for mothers to enter or reenter the labour market, and also to engage in other sectors such as the world of politics which is both tiring and demanding at the same time.

“The imbalance of lifework makes it difficult for mothers to enter or re-enter the labour market,”

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Cain Grech, Woman’s Rights in Malta

The Gift of and the Right to Life Marlene Spiteri; Public Relations Officer +9 STUDENTI The dignity and respect owed to each and every member of the human family, just by being part of it, has been granted a certain level of acknowledgement through the 1950 Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR). Such dignity and respect are seen to operate pre-eminently through the commendable Article 2 of the ECHR - granting the right to life.

The right to life has been laudably identified by many an authoritative author, including the renowned Buckley, Korff and Mathieu; as the most basic human right of all. The fundamental nature of this right is recognised by the fact that it is one of the few human rights which cannot be derogated from in times of war or other public emergency. This right also enshrines one of the basic values of democratic societies and such a pledge must thus be granted its due recognition at all times.

Article 2 embraces the fact that “(e)veryone’s right to life shall be protected” and that “(n)o one shall be deprived of his life intentionally…” An inevitable question flows from such an assertion at this juncture: does the term ‘everyone’ in Article 2(1), include the yet unborn child or foetus? Such a question has arisen in the context of both voluntary and involuntary termination of pregnancies and the general trend adopted by the European Court of Human Rights (ECrtHR) in its decisions has been quite consistent over the years.

Starting off from X v. U.K. (1980), going on to H v. Norway (1992) and Boso v. Italy (2002) and finally ending up with Vo v. France (2005) and the recent A.B.C. v.

Ireland, the ECrtHR has always been seen to grant a wide measure of discretion to the signatory states on the question of whether an unborn child qualifies for protection under Article 2 - and thus, whether or not an unborn child could be said to fall within the remit of the term ‘everyone’ as embraced in Article 2(1) of the Convention. Hence, legal systems which afford Constitutional protection to the yet unborn child/foetus are, through the International Law principle of respect for national sovereignty, allowed to determine their own level of implementation of Convention rights.

These are the precise Treaty obligations which the Contracting Parties undertook to abide by, when signing the Convention.

The ECrtHR is recorded to have said, in the case by the names of H. v. Norway that “Article 2 provides a certain minimum

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level of protection for the unborn, even if the Latin meaning of the term ‘fetus’ when transCourt does not interpret Article 2 as a man- lated into English means ‘little child.’ date to protect the unborn, Article 2 still gives Member States the option to protect the said unborn…”. This so called ‘minimum level of protection’ even though not statutorily recognised, is being granted to the unborn by the ECrtHR depending on whether national legislatures decide upon its Constitutional protection and thus bestowal or otherwise. A more onerous implementation of Convention rights at national level is urged and supported and it must consequently deserve great deference from the ECrtHR.

Henceforth, using Article 2 of the ECHR so as to imply the legality and permissibility of abortions at large would be tantamount to limiting the right to life as embraced within Article 2 itself, as this would prohibit the contracting states from granting a more onerous implementation of this same right to life, whilst creating a diametrically opposed right to kill life - the right to abort. Interestingly enough, in the Court’s very own words, as regards a case dealing with euthanasia, the Court is recorded to have held that; “Article 2 cannot, without a distortion of language, be interpreted as conferring the diametrically opposite right, namely a right to die.” (Vide Pretty v. the United Kingdom - 2002.)

Thus, whilst recognizing the lack of consensus as regards, the status of the yet unborn child/foetus, the Court has incessantly observed: “that the embryo/foetus belongs to the human race” (Vide Vo v. France). It is widely agreed, both medically and ethically, that the yet unborn child/foetus, partakes to a minimum of two categories – in that the yet unborn can be classified as being both ‘human’ and also as being ‘a life’ at large. The yet unborn child/foetus cannot be said to be dead, since as from the very moment of conception cells are seen to start splitting up and amassing. In turn, the yet unborn child/foetus cannot also be said to be something which is not human, as the resultant entity called child/foetus is the product of the copulation of two gametes which themselves are ‘human.’

In the belief that belonging to the human race is the basis of human rights, legal protection should, according to +9STUDENTI, be afforded to the yet unborn child/foetus.

One final observation to anyone who preferred reading through this text by using the term ‘foetus,’ instead of ‘the yet unborn child’: the

the Court has incessantly observed: “that

the embryo/foetus belongs to the human race”

Marlene Spiteri; The Gift and Right to Life

Freedom of Expression Andrew Sciberras; Publications Officer Għaqda Studenti tal-Liġi (GħSL) Everyone has the right to freedom of expression. This right includes the freedom to hold opinions and to receive and impart information and ideas without interference by a public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.

Freedom of expression (Article 10 of the European Convention on Human Rights) is said to be “one of the cardinal rights guaranteed under the Convention.” Throughout history, indeed to this very day, censorship has been considered as a legitimate instrument for regulating the moral and political life of the population and in such circumstances the overwhelming significance of this right is patently obvious. In fact, without a broad guarantee of the freedom of expression protected by independent and impartial Courts, there is no free country, there is no democracy. The equivalent to Article 10 can be found in Article 41 of the Constitution of Malta as well as Article 11 of the Charter of Fundamental Rights of the European Union.

Accordingly, the aim of freespeech is to foster public debate, promote the dissemination of ideas and encourage critical discourse as democratic tools constructing the foundation of pluralism, tolerance and broadmindedness, all of which are crucial cornerstones to the establishment of any democratic society and the self-fulfilment of the individual.

It has been said in Lingens and several other judgments of the European Court of Human Rights that: “Freedom of expression constitutes one of the essential foundations of a democratic society, one of the basic conditions for its progress and for each individual’s self-fulfilment.”

A more elaborate interpretation of Article 10 has been given in the Handyside judgment as follows:

“The Court’s supervisory functions oblige it to pay the utmost attention to the principles characterising a ‘democratic society’. Freedom of Expression constitutes one of the essential foundations of such a society, one of the basic conditions for its progress and for the development of every man. Subject to paragraph 2 of Article 10, it is applicable not only to information or ideas that are favourably received or regarded as inoffensive or as a matter of indifference, but also those that offend, shock or disturb the State or any sec-

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tor of the population. Such are the demands of pluralism, tolerance and broadmindedness without which there is no ‘democratic society’.

This means, amongst other things, that every ‘formality’, ‘condition’, ‘restriction’ or ‘penalty’ imposed in this sphere must be proportionate to the legitimate aim pursued.”

From this wide interpretation given by the Court it appears that the Convention seeks to protect also the dissemination of ideas or opinions that are unpalatable to the State, or offending or shocking to some people. For the arbitrary suppression of ideas and opinions by public authorities would run counter to the ‘demands of pluralism, tolerance and broadmindedness’ by democratic society.

Nonetheless, this right is not absolute and is subject to certain restrictions, provided that these be: 1) 2) 3) society

opposition on their behalf in the press. These events are concrete proof of the important role freedom of expression plays to guarantee basic democracy.

Prescribed by law; Pursue a legitimate aim; and Are necessary in a democratic

These restrictions, enumerated in Paragraph 2 of Article 10 of the European Convention of Human Rights are intended to protect, inter alia, the interests of national security, the reputation of others, and are aimed at preventing disorder or crime, and, the protection of health or morals. However, as has been held in Observer and Guardian, so important is the nature of this right as an essential basis of democratic society that any restrictions or limitations imposed upon such right by the State or public authority must be ‘narrowly interpreted’:

“Freedom of expression, as enshrined in Article 10 (art. 10), is subject to a number of exceptions which, however, must be narrowly interpreted and the necessity for any restrictions must be convincingly established.”

As a final point, it is important to note that freedom of expression is not merely limited to a freedom to hold opinions and a freedom to impart information and ideas but also freedom to receive such information and ideas. This is especially important as it guarantees freedom of the press. Recent events, such as the popular uprisings in Tunisia and Egypt have been sparked primarily by reason of the autocratic and despotic governance of dictatorial regimes who sought to stifle any

Andrew Sciberras, Freedom of Expression

The Human Right For Health Joanna Grech, Kay Vanhear, Catriona Zammit; Project Coordinators Human Rights Week Malta Medical Students’ Association (MMSA) The World Health Organisation defines health as ‘a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity’ (World Health Organisation, 1948) . The healthy state of an individual, however, may be threatened by disease, infections, accidents, misfortunate circumstances and exposure to improper environments.

When this happens, the individual will instantly seek medical attention from health care professionals and these would be ready to act towards the betterment of the patient.

Therefore, the most important provision for health care professions is Article 12 of the International Covenant on Economic, Social and Cultural rights, which states that: Every human being is entitled to the enjoyment of the highest attainable standard of health conductive to living a life in dignity.iv Even though this human right is recognised by the state, this is not always realistic in today’s multicultural society and in poor countries, and consequently it hinders the possibility of regaining one’s good health status back.

A major issue that creates inequality in health care is the environment. Distribution of wealth together with housing conditions, the quality of neighbourhood and the conditions in the work place have a direct impact on the health of individuals. In addition, research has shown

that health inequalities in childhood tends to reflect the unhealthy choices made in adulthood which influences exercise, nutrition, alcohol consumption, drug use and sexual behaviour. These choices are affected by the surrounding environment and a health professional will find it difficult to make a patient understand that some choices are badly affecting her/his health. Hence, inequalities will be created between people that have made better health choices because of exposure to a better environment, versus those who have made unhealthy choices because of a poorer environment. In Malta, for example, the citizens’ health status is less threatened since the health care system is financed by general taxation and core services are free.

An important aspect to health is the availability of information. For example, a case was reported of a woman who has been excluded by her village neighbours simply because she is HIV positive. However, if her neighbours were well informed about modes of transmission of HIV, regarding the usual process of the disease from the latent phase to AIDS, then, instead of segregation, she would have been helped and this would made her feel more accepted than she is now! Regrettably, this concept applies even to Malta. It is our right to be well informed about our health and the privileges

our state offers us in health care. If something happened that threatened one’s health, or that of a beloved one, wouldn’t one be better off if well informed on how to act and fight off the illness?

In the medical setting, health care professionals may witness relentless abuses that would result in extreme health consequences but these professionals may be held within certain constraints, due to the set policies of their employment. As a result, the only option left to do is to remain silent. Sometimes, even the state can give instructions that infringe the human rights and sadly, employees are then forced to tolerate the system! Nonetheless, this act abates the professional duty of engaging in ethical decision-making to respect and protect individual persons, and in keeping humane social order to treat the individuals equally and with dignity so as to fulfil each and every person’s human rights.

Consequently, health care professionals have to be conscious of the care delivered to patients so that their actions are not restrained by “considerations of nationality, race, creed, colour, age, sex, politics or social status.” i Keep in mind, dear readers, that it is useless to have this right if you don’t look for it, so help yourself.

Page 11 J. Grech, K. Vanhear, C. Zammit; The Human Right for Health

Human Rights through technology Christine Caruana; Public Relations Officer Department of English Students Association (DESA) Societies in chaos. Political unrest. Dictatorships overthrown. All these things and everything they bring with them have made the headlines of international news agencies recently. Much has been written about this situation, the fragile climate it creates and the emotions it induces in people. All of a sudden, the daily issues the politicians argue about in parliaments everywhere were crudely placed into perspective as the world anxiously waited for word from the places where ‘parliament’ is only proleptic.

In moments such as these, it is not only our everyday penny squabbling that is put into question, but also words themselves; the power of words and the validity of the connected right of freedom of speech and expression. The latter made local headlines some weeks ago when it was disclosed that the library at our University was keeping a list of books ‘under lock and key’. Many showed their disapproval and as a result, the situation is now being reviewed. The importance that the Maltese give to the right for freedom of expression is apparent in this case. Yet, whilst this appears to be somewhat trivial compared to the uprisings in North Africa and the Middle East, it shows the inherent reluctance of people to accept imposed restriction over the different modes of their expression. The situation escalates in much more dangerous territory when the expression being controlled is

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not an artistic one, but that of a very practical, very immediate nature: the dissemination of information and news, particularly in a time of national crisis.

Mohamed Bouazizi – the fruitvendor who lit himself on fire last December after being bullied by the Tunisian authorities made a very physical act which was interpreted as a very demonstrative one by the leaders of the revolutions which it propagated. An incredible amount of protestors took to the streets of Sidi Bouzid. As the tag #Sidibouzid started trending on Twitter, people all over the world – many approximately the age of the 26-year-old fruit-vendor – read 140 character tweets that jolted their sensibility into concern and human understanding. In this way, the technological revolution of the internet came to the aid of the democratic one in Tunisia. Yet, precisely because of the validity of the internet as a vehicle for human communication and modes of expression, the internet was not even widely accessible to Tunisians because the regime had mitigated its usage; ‘phishing’ attacks on Gmail and Facebook were the order of the day.

However, these repressive actions on the part of the authorities did not manage to stamp out the need to express oneself, share grievances and exchange information that people feel. This is exemplified in the case of Khaled Kamel: a University student in Egypt who solely with the aid of Facebook,

started a combat against the oppression in his country by setting up online contact with other like-minded people. This was particularly spurred by the murder of his namesake Khaled Saidin Alexandria last June. As the unrest escalated this year these activists planned strategy and disseminated information about it online, producing one of the sparks that lighted revolution over there; one which toppled the 30 year-old dictatorship of President Hosni Mubarak. It is no wonder that in her speech at George Washington University, Hilary Clinton renewed the call for internet freedom, saying that nations which restrain online activity risk paying the dear price that Tunisia and Egypt are paying. At the time of writing, Libya has closed its doors firmly shut to international press, local reporters face threats of blackmail and the internet has been turned off.

In moments such as these, the value of Article 19 of the Universal Declaration of Human Rights takes on a new significance.

As cases like Khaled’s demonstrate, it is up to individuals to safeguard the adherence of society to basic rights. There is a humanity behind Gutenberg’s invention of the printing press in 1440, and it is up to us to respect and defend it, because in US Secretary of State Clinton’s words: “there’s no app for that”.

Christine Caruana, Human Rights through Technology

The Right to Education Edward Camilleri; Secretary General Studenti Demokristjani Maltin (SDM) One of the most important human rights is the right to education. This right nowadays is entrenched both in international treaties and convections, as well as within national jurisdictions. In fact, the International Covenant on Economic, Social and Cultural Rights in Article 13 states that such a right includes the right to free and compulsory primary education. This is to be followed by secondary education, which must be accessible to all in particular through the introduction of free secondary education, as well as an obligation to develop access to higher education. This Convention was adopted by the UN General Assembly in 1966 and was subsequently ratified by most nations. The Universal Declaration of Human rights also lists the right to education as a fundamental human right.

The Constitution of Malta, in Article 10 states that education at a primary level should be compulsory and free of charge, whilst Article 11(a) stipulates that ‘Capable and deserving students, even if without financial resources, are entitled to attain the highest grades of education.’

Katarina Tomasevski, the former UN Rapporteur on the Right to Education, developed a framework known as the Four A’s in order to aid the implementation of this right. These Four A’s are: Availability, Accessibility, Acceptability and Adaptability. In few words, this framework states that: Governments must aid education by offering free schooling. Schools should be housed in adequate building, whilst materials and books must also be supplied. Qualified staff should also be available in each school.

This education must be made accessible to all, regardless of gender, ethnicity, and political affiliation. Segregation is to be prohibited.

Schools must also be built within a reasonable travelling distance.

Education provided should also be free of discrimination and be appropriate for the students. Methods of teaching should be as unbiased as possible, whilst corporal punishment is to be prohibited.

Educational programs should also be flexible and able to adjust to the needs of the community.

The Bologna Process, which was ratified in 1999, aimed to create what is now known as the European Higher Education Area based on international cooperation and academic exchanges. This area was created in March

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2010, ten years after the start of the Bologna Process.

Contrary to popular perception, the Bologna Process is not an exclusive EU project and does not have the status attributed to legislation within the EU. Participation is also voluntary.

Nevertheless, the European Commission still has an important say in the process of implementation of this process. Almost all the members of the Council of Europe are signatories of the Bologna Process, with Monaco and San Marino being the only member states that are not-participants. Belarus is also eligible to join this initiative, even though it is not a member of the Council of Europe.

The Bologna Process introduced the European Credit Transfer and Accumulation System. This system, which is also used in the University of Malta since Malta is a signatory of both the Bologna Process and the Lisbon Recognition Convention, ensures that a common system of study is used throughout the signatory states.

This system stipulates that a tertiary level student can accumulate up to 60 credits per year, which amount to 1500-1800 hours of study.

Credits are given ratings according to their difficulty and even though the name of a credit may vary from one university to another, the

weight of the credit in question remains constant.

The Bologna Process was created with the aim of facilitating the principle of freedom of movement. Through the ECTS system, students find it easier to travel from one country to another in order to further their studies. In fact, this mechanism has also facilitated the difficulties which existed between the different educational systems used in different countries. The European Higher Education Area also provides the basis for further cooperation between Universities, in both research and academic issues.

Since its inception, the Bologna Process has revolutionized tertiary education around Europe. It can also be considered as an important process which greatly aided EU programs such as Erasmus due to its nature. Even though one of the aims of the Bologna Process has been reached with the creation of the European Higher Education Area, membership within this program is increasing, with Kazakhstan ratifying the process in 2010. The implementation of the Bologna Process is an important concept in the educational sector, and as students we should strive to garner all the opportunities which it provides.

Edward Camilleri, The Right to Education

Facts about Human Trafficking Isabelle Camilleri; Human Rights Week Officer What was the worst thing that happened to in your childhood? Maybe your parents grounded you? Your teacher punished you? Fought with your siblings or friends? Now, imagine getting kidnapped, taken to an unknown place, away from your family and friends, away from everything you know, forced into manual labor or exploited sexually. This is not a made up scene, but a harsh reality of this world. All over the world, almost 27 million people have been forced into labor and slavery. This is just one of the shocking human trafficking facts. Trafficking, is the modern form of slavery.

What is human trafficking? According to the United Nations Office on Drugs and Crime (UNODC), human trafficking is defined as, “the recruitment, transportation, transfer, harboring or receipt of persons, by means of threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation.”

Human trafficking is the fastest growing and second largest criminal industry in the world. Human trafficking is often headed by rulers of organized crime. This heartless trade of human beings is estimated at 7-9 billion dollars worth of revenue; thus, resulting

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into more and more people enslaved by these murderous traffickers.

Many think that human trafficking involves the movement of the victims to another country but this is not the case as you do not need to be physically moved to another place to be a victim of human trafficking; victims of human trafficking are kept against their will. Not all slaves are trafficked, but all trafficking victims are victims of slavery. Trafficking of persons exists in two distinct types: labor trafficking and sexual trafficking. The victims are generally threatened to work for the trafficker.

Forced labor is when victims are forced to work against their wishes and threatened with violence. Commercial sexual exploitation includes pornography, prostitution and sex trafficking of women and girls. This is characterized by the exploitation of a human being in exchange for goods or money. Some sex trafficking is highly visible, such as street prostitution; but many trafficking victims remain unseen, operating out of unmarked brothels in unsuspecting areas. Overall, approximately 80% of trafficking involves sexual exploitation and 19% involves labor exploitation.

Trafficking has a harrowing effect on the mental, emotional and physical wellbeing of the victims. Victims often experience post-traumatic stress disorder, acute anxiety attacks, depression and insomnia. Many

victims turn to drugs and alcohol to numb the pain.

1. Trafficking primarily involves exploitation which comes in many forms, including: - Forcing victims into prostitution - Subjecting victims to slavery or involuntary servitude - Compelling victims to commit sex acts for the purpose of creating pornography - Misleading victims in to debt bondage.

2. Around half of trafficking victims in the world are under the age of 18.

3. Trafficked children are significantly more likely to develop mental health problems.

4. A relatively large percentage of young women and children that are trafficked for sexual exploitation will become HIV positive.

5. Trafficking victims normally don’t get help because they think that they (or their families) will be hurt by their traffickers, or that they will get deported.

Isabelle Camilleri, Facts about Human Trafficking

Organ Shopping Nathan Adams*; President Youth for the Environment (Y4TE) ‘Youth For The Environment’ has decided to broaden its niche and take part in the ‘Human Rights Campaign’ on campus. This is for the reason that we firmly believe that our natural environment is a key facet to human rights.

Mistreatment of our environment can directly lead to impediments between human rights such as the rights to life, property and health.

Throughout Human Rights Week on Campus, Y4TE will mainly be expressing its views on environmental human rights and the abuse of human rights in the cases of maltreatment of the human body.

Environmental disasters, such as the Indian Ocean earthquake resulting in the tsunami in 2004, have been observed to have an undeniable effect on the ‘unwilling’ sale of human organs. In the state of Tamil Nadu, the devestating tsunami left “more than 1,000 fishermen and their families, whose homes were destroyed’’ (– BBC) without jobs.

In the fishing villages on the Bay of Bengal, the largest bay in the world, women had resorted to selling their own organs to put food on their families’ tables. “Fifty-one women from one village alone have sold a kidney, to rescue their families from an equally threatening tidal wave of debt’’ (Dickenson, 2008). Is it ethical for anyone to have to resort to selling their organs to support their families? Is the trafficking of human organs also common to countries which have not suffered such environmental disasters? Unfortunately..... Yes. Organ trafficking is a world-wide phenomenom. Ranging from organised traffic in body organs of children in Mozambique, underground trading in Egypt and the smuggling of women and and children from Moldova for the surgical removal of their organs in Istanbul, the illegal ‘shopping’ of body organs is not at all infrequent. How can the widespread monstrosity of illegal organ trafficking be so common and also on the increase? Statistics obtained by the ‘World Health Organization’ (WHO) have shown that in 2005, only approximately 10% of organ demands (particularly kidneys) was met.

“The search for organs has intensified around the world because of an increase in kidney diseases and not enough available kidneys’’ (WHO, 2005). Due to the sheer gap between organ demand and its supply, a market of illegal organ trafficking is inevitable. This market is mainly made possible due to ‘transplant tourists’, who purchase organs sold mainly from people in developing countries who are

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often in poverty. Many ethical implications arise at this point. Think about it..

1. Is it ethical that, in the developing world, people may be exploited for their organs?

2. Is it ethical for people in need of organs to resort to transplant tourism?

3. If people in need of organs do not afford to purchase organs/pay for medical procedures, is it ethical for people with more money to have a considerably higher chance of receiving needed organs than less well-off people?

What do you think?

Organ trafficking is also encountered in trade on an international scale, fueled by the executed Chinese prisoners. Victims of this vicious exchange come about due to the lack of a medical disciplinary body in China to stop it. The selling of organs from executed chinese prisoners has become a considerable source of income due to the high demand of organs from abroad. Although a law in 2006 was introduced against the sales of organs, this law is not believed to be enforced enough.

“For the Chinese state, the organs of executed Falun Gong members and prisoners are part of the nation’s assets. And for these unfortunate people, the ‘biovalue’ in their bodies doesn’t liberate them; instead, it puts them at mortal risk’’ (Dickenson, 2008).

‘Youth For The Environment’ recognises both the global and local scenario regarding the low supply of organs to people in need. If you would like more information regarding how to apply for an organ donor card, please contact us. If you think about it, applying for an organ donor card may not only save the lives of people in need of organs, but also those who have them taken away.

’Human rights are ours by birth, they cannot be given or taken away by any individual, organisation or any court, they are inalieable, they belong to all of us’’ John Hurt (In support of Amnesity International).

A special thank you to Professor Donna Dickenson.

For full list of references for this article, contact me at nathan178adams@gmail.com *Nathan Adams is also PRO of MUFC.

Nathan Adams, Organ Shopping

The Holocaust’s Aftermath in Sophie’s Choice Victoria Calleja; President Malta University Film Club (MUFC)

One of the most influential sources of 20th Century cinema has undoubtedly been the Holocaust. Although many films tend to focus on the events that took place throughout World War II, and the war’s effect on people at the time, very few films present us with the effects of the war after it ended.

Despite the fact that we often watch films that show the brutality of the Nazis inflicted on so many innocent people, most famously Schindler’s List and La Vita è Bella, fewer filmmakers focus on the ravages of war after liberation.

One of these films, however, is Sophie’s Choice, a 1982 American drama film that takes place in 1947 Brooklyn, New York.

This brilliant drama is an indication of the suffering endured by the hordes of people who were put in concentration camps during the war, and subjected to unimaginable anguish. Sophie, superbly portrayed by Meryl Streep, who received her second Academy Award for the role, is a Polish woman living in the United States with her American lover, Nathan. Throughout the film, as she and Nathan befriend Stingo, a young American writer, the audience can sense that there is a deeper dimension to Sophie behind her vivacious facade. Her life shifts from moments of extreme highs to extreme lows, the latter being fuelled mostly by Nathan’s abusive nature and their tempestuous relationship. While the pair’s love for each other is evident, Nathan’s violent outbursts lead us to question the true reason

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behind Sophie’s devotion to him.

The fact that the director provides us with a picture of Sophie’s life in the present day and withholds details of her past, instils in us a sense of curiosity. Indeed, the flashback scenes detailing Sophie’s history are sparse and are included towards the end of the film. Consequently, the focus is certainly put on the aftermath of the Holocaust and how suffering manifests itself on Sophie’s state of mind after her liberation, not solely throughout the war itself. In fact, although Stingo believes that the marks on Sophie’s wrist are a reminder of her suicide attempt when she was still in the concentration camp, Sophie maintains that it was after the end of the war that she tried to kill herself. This shocking revelation brings our attention towards the lingering effects of the breach of human rights brought about by the Holocaust. Lack of freedom and discrimination are among the violation of human rights which results in such intense suffering even years after the actual incidents have taken place. The fact that the post-war situation is depicted in Sophie’s Choice makes the film one that picks up where other films have left off.

The extent of the discrimination at the heart of the Holocaust is evident as Sophie’s efforts to sympathize with the Nazis in order to liberate her son are turned down.

Even though she uses her father’s Anti-Semitic roots to obtain German sympathy, her Polish roots instil hatred in the enemy, which infers

the degree of transnational conflicts that were such a central part of World War II. The reasons for Sophie’s dependence on Nathan are unravelled as we learn that he had helped nurse her back to health upon her release, and we gradually realize that Sophie associates Nathan with an escape from her war memories.

Yet it is the crucial choice scene which truly draws our attention towards this woman’s state of mind and the source of her agony. As Sophie is forced to choose which one of her children to give to the Nazis, the audience is shocked by the cruelty of human nature and the extent of suffering it inflicts. The ending of the film is an inevitable conclusion to the way in which Sophie deals with her memories, and the audience is made to ponder about Sophie’s fate as a result of the war. While the course of her life is not directly dictated by the war, it is her memories of the suffering she endured as well as her grief for her lost family members which lead to the inevitable ending of the film, as Sophie is never able to grieve fully. Sophie’s Choice is indeed an exceptional insight into the outcomes of the Holocaust on its victims, a film that accurately depicts the suffering resulting from the infringement of rights, causing scars that last for life.

Victoria Calleja, The Holocaust’s Aftermath in Sophies Choice

The Right to Water Sources, The Middle East Ryan Mercieca; Co-Ordinator Sectoral Committee Kunsill Nazzjonali taż-Żgħażagħ (KNŻ) Water has always been scarce in the Arab world, but a growing population places ever increasing demands on the limited resources.

Competing claims over water rights can lead to disputes between countries or between consumers.

Oil, namely the vast reserves in Iran, Iraq, and Saudi Arabia, is the cause of many of the broad geopolitical battles plaguing the Middle East. But it is the access to water, a more fundamental resource, that is at the root of much of the bitter conflict between the Israelis and the Palestinians.

To summarize the situation in few words “There is not much water, and what there is, is claimed by all countries”. This region has only 1% of the world’s renewable water supply.

In Gaza, about 90% of all drinking water falls below World health organization safe drinking water standards. The lack of water has critically shaped the foreign policy of Middle Eastern countries in their mutual relationships. This is what is known as water diplomacy. Since the most serious water conflicts in the region have centred on control of the tributaries and groundwater reservoirs of the Jordan-Yarmouk River basin and since its water resources are still an integral part both of the on-going conflict and of the current peace process, this article focuses on water politics in this basin and deals only with Israel and its neighbours.

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When looking at the peace process the Palestinians say they rejected a number of peace proposal from Israel because, among other things, it didn’t give them control of water resources within their territory. The land that Israel and Palestine share is desert or semi-arid, so the limited amount of water in the area must be carefully managed if everyone is to get enough to ensure a decent standard of living.

When tensions between the two sides run high, as they often do, the Palestinian water crisis becomes more desperate, especially for those without a connection to the water network.

The Israeli policy of closure whereby tanks and soldiers block entrances to Palestinian towns and villages, disrupting the normal flow of people and traffic, makes it difficult and dangerous for villagers to go to nearby wells and for water tankers to get into villages.

The table at the end shows distribution of water per year. Human rights organizations are unanimous in condemning these policies, pointing out that they violate fundamental tenants of human rights law, such as the right to good health and an adequate subsistence, as well as fundamental tenants of international law, such as the ban on using resources from occupied territory and the ban on distributing water in a discriminatory way.

The issue of water is of high rel-

evance on the international level such that the international political events as held such as the World Water Forum. Recently the right of water was challenged with the statement that water is a need not only a basic right. But this, only highlights the importance of the resource that is getting scarcer by the day.

Knowing that water is a right or a need is not enough, action and cooperation are the keys for a successful and better future.

Today, natural water resources in the region (Jordan, PA and Israel) can supply around 200 cubic meters per capita every year. This quantity of water is only 40% of the “Shortage Red Line” – the line determined by the United Nations as the quantity of water that represents a severe shortage of water. ______________________________________

Source

Million cubic metres Israel 745 Golan Heights 280 West Bank 415 Lebanon, Syria, Jordan 215 Total 1,655 Israel annual consumption 1,655 (Source: Zarour, 1993)

Ryan Mercieca, The Right to Water Sources in the Middle East

Freedom of Expression, the Arts’ point of view Karl Littlejohn; President Arts Students’ Association (ASA) Expression is the starting point for any artist, be it an author, a musician, or even an actor.

But expression alone would not go very far and thus creativity must also come into play.

This creativity may at times be somewhat ‘radical’ for society, thus bringing up the hot issue of freedom of expression. This issue, and its importance, are still being discussed today in many European and secular countries even though freedom of expression was officially declared as a human right in 1946. Locally we have also had certain issues regarding freedom of expression.

For an artist it is crucial to be able to express himself or herself freely without facing consequences. However, this is not always the case. Today, artists still face discrimination due to what they believe in and how they express it. Most artists express anti government propaganda, or even taboos. Many countries with dictatorial tendencies tend to censor these artists’ work; not only because they offend public morals, but also because they may be against the state or they may criticise the dictator’s mode of ruling.

Every individual has his own way of how to interpret and express his thoughts, feelings or emotions. Means of expression can range from abstract art to a musical in a theatre. Every piece of art must be understood in its context and should not be taken literally. This is where the issue on freedom of expression comes into play. An artist must not be directly linked with his finalised piece of art.

Psychoanalyst Sigmund Freud came with the term ‘The subconscious’ to show that particular thoughts in a person might represent something else. This is also reflected in Art, such as in literature and in paintings.

The link between psychology and the artist is crucial as most emotions and ways of thinking are the basis of psychology.

An artist expresses himself when he has an Afflatus (the technical word for inspiration).

Afflatus is used mainly in poetry and abstract art. A true artist can never have a fixed date and time when to express himself or herself, as inspiration generally comes on impulse.

Theatre is another means where artists can express themselves through the art of drama, and it is through this form of art where they can send a message to their audience. Art may be considered as the only tool which an artist is comfortable to use in order to express his or her concerns without any inhibitions.

Today, freedom of expression

is a fundamental human right. Thus, we must all collectively strive to safeguard and promote it. Society must also realise that this right does not entitle to responsibilities. As previously mentioned, art must be taken in its context rather than literally. We must allow artists to express themselves, as their work may bring to the fore certain issues and concerns regarding aspects in contemporary life while at the same time these serve as a form of entertainment and recreation for the viewer, reader or audience.

“Expression is the starting point for any artist, be it an author, a musician, or even an actor.”

Page 18 Karl Littlejohn, Freedom of Expression, the Arts’ Point of View

Democracy and Human Rights Glenn Micallef; President PULSE Human rights are the rights that one has as a human being. They are equal rights because we are all equally human beings and are also inalienable. Originally human rights were developed to outline a set of individual rights that states were required to respect or provide for their citizens. However in recent years the definition of human rights has begun to be broadened. This means that the responsibility of ensuring human rights has been expanded beyond only state governments to include for instance individuals and other groups of people.

Democracy and human rights are clearly different. Whereas democracy aims to empower the people collectively, human rights aims to empower individuals. Democracies exist that do not necessarily protect human rights whilst some non-democratic states are able to ensure some, though not all, human rights.

Some argue that democracy may not be needed for the observation of human rights and that the maintenance of a link between the two may have a delaying effect on the implementation of human rights norms.

Such arguments are however subjective.

Democracy and human rights may seem to be distinct concepts but in reality they are interrelated. Democracy refers to government by the people whilst human rights

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tackle the universal rights that apply to all individuals in all societies.

Historically human rights and democracy were considered to be separate concepts. However these concepts are interdependent. Throughout the years the concept and definition of democracy has expanded as did the meaning of human rights. The human rights framework has developed to include social, economic and cultural rights to the civil and political rights. This expands the notion of human rights. Thus the renewed definitions of these concepts throughout the years has lead to the convergence of human rights and democracy.

The relationship between human rights and democracy is perhaps most clear through an examination of civil and political rights, especially those articulated in Article 21 of the UDHR which ensures peoples participation in the decision making processes through free and fair elections and through direct service and participation. These rights are related to the rights of expression, association, assembly, and movement, which are also interdependent with democracy, as well as the rights to liberty, security of person, and the guarantee of due process of the law.

The acknowledgment of democracy and human rights is becoming more important as

time goes by. Where development and reforms are taking place, it is imperative to ensure that institutions are built on foundations of both human rights and democracy if they are to be sustainable. It is a well known fact that there may not be human rights without a legitimate democracy.

The EU believes that democracy and human rights are universal values that should be promoted tirelessly around the world. They are vital to the effective work on poverty alleviation and conflict prevention and resolution in addition to being valuable against terrorism.

On 1st January 2007, the EU issued the European instrument for Democracy and Human Rights. This is a concrete expression of the EU’s intention to integrate the promotion of democracy and human rights into all of its external policies.

I believe that human rights and democracy are not only interdependent but also complimentary. A democracy cannot function properly without basic human rights just as human rights meaning civil, political, economic, social and cultural rights cannot be ensured in the absence of democracy.

Glenn Micalllef, Democracy and Human Rights

Sexuality and Human Rights Christian Vella*; Vice President We Are Nowadays it could be said that there is no clear cut to sexuality, it is neither black, nor white but is encompassed in different shades of grey. It is what one may describe as something fluid. This ambiguity brings about discomfort to people who are accustomed to what is ‘normal’ and are part of the dominant discourses in society thus putting people who are ‘different’ at risk of having their human rights violated. Assuming heteronormativity is a flaw in human nature, which blinds a person from accepting and appreciating diversity.

A person’s sexual orientation is something which is intimate, which encapsulates feelings, emotional attraction and ultimately one’s self identity, which is seen as something unique. Sexual orientation is a relatively recent notion in human rights law and is considered a ‘hot potato’ in politics. Prejudices, negative stereotypes and discrimination are deeply imbued in our value system and patterns of behaviour. From a personal point of view, people of influence and sometimes the media seem to make it look okay for a certain minority to be denied of their rights and thus blaming the victim for their circumstance.

The driving force behind the rights underlining sexual orientation is that of equality and non-discrimination, whereby one can enjoy the same equal citizenship as that of a heterosexual person. Human rights advocates, lawyers and other activists seek to ensure social justice and guarantee the dignity of LGBT people

The fight for human rights is not only witnessed on a local level but also global.

We have come a long way; up to five decades ago I would have been considered a person with mental illness for being homosexual. Now in some countries, homosexual couples are given the freedom to join in civil union and have the right to rear children. However in many other countries, LGBT people are still being discriminated against. According to the IGLHRC (International, Gay and Lesbian Human Rights Commission), a press release titled ‘LGBT Africans Face Blackmail and Extortion on a Regular Basis’, outline that homophobic laws and social stigma are to blame, which all result in the impact of these human rights violations on LGBT people in Cameroon, Ghana, Malawi, Nigeria, and Zimbabwe.

We see that LGBT people are subjected by blackmailers and threats of exposure, theft, assault, and rape, that can damage and even destroy the lives of victims. Vulnerability to these crimes is faced on a regular basis and families and communities are not safe havens. For example, according to research conducted in Cameroon and featured in the report, “the bulk of blackmail and extortion attempts were committed by other members of the community 33.9% by neighbours, 11.8% by family members, 11.5% by classmates, and 14.1% by homosexual friends. Police were often complicit in this - either by ignoring or dismissing it or, in 11.5% of cases, directly perpetrating it.”

“More than one in ten respondents claimed that they had been subjected to some form of violence due to their sexual orientation. Half of respondents claimed that they had experienced some sort of harassment… in some cases the perpetrators where family members, or worse still, members of the police corps, whose duty it is to protect every citizen from such degrading treatment. A considerable number of cases involving bullying in schools were also reported…”

As reported in a local survey by the MGRM (Malta Gay Rights Movement) in 2002 tackling LGBT discrimination in Malta, and yet 9 years down the line, this still remains a call for concern. Having said that however, 2007 was the European year of Equal opportunities for all, this directive provided to be of success as it included sexual orientation, age and religious/ belief amongst other spheres. MGRM are after in particular legal protection against discrimination in the delivery of goods and services on the basis of sexual orientation, gender identity and gender expression; for instance when it comes for insurance cover or simply dinning out with your partner. As well as the inclusion of an article in the Criminal Code regarding homophobic and transphobic violence, and a clear strategy addressing homophobic and transphobic bullying in schools. Under Maltese Criminal Law, only race and religion are considered as aggravating factors in violent criminal acts, whereby it is seen as impossible to estimate the incidence of hate crimes in Malta, including those which are of a homophobic or transphobic nature.

Yvonne Arqueros Ebejer, AD spokesperson for Civil Rights, said: ‘The EU Charter of Fundamental Rights includes the prohibition of discrimination on the basis of sexual orientation. So far many countries have introduced different social reforms from anti-discrimination at the place of work to the recognition of civil unions and same-sex marriages, yet many other

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social reforms need to be carried out. Sexual minorities should be equipped with the right legislation to combat discrimination and guarantee equal treatment in the economy, education, health, work and social policy’.

Rights at stake:

LGBT people are not after special treatment, but to follow the same rights as that of heterosexual persons. LGBT people are denied either by law or practices basic civil, political social and economic rights such as the fact that: 1. Often laws maintain a higher age of consent for same sex relations in comparison to opposite sex relations 2. The right to Life – in some countries such as in the middle east persons acting in ‘sodomy’ are given the death penalty 3. The right to be free from torture or cruel, inhuman or degrading treatment is infringed upon by police practices, in investigations or in the case of LGBT in detention in some countries.

4. Arbitrary arrest occurs in a number of countries with individuals suspected of having a homo/bisexual identity.

5. The freedom of movement is denied to bi-national couples by not recognizing their same sex relation.

6. The right to a fair trial is often affected by the prejudices of judges and other law enforcement officials.

7. The right to privacy is denied by the existence of ‘sodomy laws’ (criminalizing same sex relations), even if the relation is in private between consenting adults.

8. The rights to free expression and free association may either be denied explicitly by law, or LGBT may not enjoy them because of the homophobic or transphobic climate in which they live.

9. The practice of religion is usually restricted, especially in the case of churches advocating against them. However perhaps on an individual level there is understanding and support, however being such a large institution reaching a common consensus is not easy.

10. The right to work is the most affected among the economic rights, many LGBT, however most especially affecting the Trans people as there ID card proves otherwise are being fired because of their sexual orientation or discriminated in employment policies and practices.

11. The rights to social security, assistance and benefits, and from here - the standard of living - are affected, for example when they have to disclose the identity of their spouse.

12. The right to physical and mental health is at conflict with discriminatory policies and practices, some physicians’ homophobia, the lack of adequate training for health care personnel regarding sexual orientation issues or the general assumption that patients are heterosexuals.

13. The right to form a family is denied by governments by not-recognizing same sex families and by denying the rights otherwise granted by the state to heterosexual families who have not sought legal recognition, but still enjoy several rights. Children can also be denied protection against separation from parents based of a parent’s sexual orientation.

14. Lesbian, gay and bisexual students may not enjoy the right to education because of an unsafe climate created by peers or educators in schools. Which often becomes highly stressful, which result in drop outs or even suicides, however bullying at school is becoming challenged by the mass awareness of the ‘It gets better campaign’

*Christian Vella is the Inter-group Liaison Officer of ‘We Are’ and a core group member of ‘Drachma LGBT’ and ‘MGRM’.

Christian Vella, Sexuality and Human Rights

Violence Against Women Lara M. Camilleri & Danielle Farrugia; Executive Members (USTA) Did you know that: - Every 6 minutes a woman is raped in the US? - 6,000 women undergo Female Genital Mutilation each day in Africa?

- In China, more than 15,000 women are sold into sexual slavery yearly?

- More than 200 women are burnt with acid by their husbands or fiancés?

- More than 7,000 women are murdered by their families and in-laws for having been raped or for not being able to pay the price to get married?

When we hear about violence against women, we picture a mental image of a couple fighting, with the man hitting the woman, throwing things at her and firing insults. This is domestic violence – the most frequently occurring form of violence against women. In Malta 314 cases were reported in 2009 – a rise of 184 cases since 1999 (Malta Police Statistics) . Many other gruesome acts of violence exist, which happen to women all over the world, even if not within our society.

The Declaration on the Elimination of Violence Against Woman defines violence against women as “any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women” which can take the form of “threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life.” (Article 1)

In several countries women are

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not treated as equals, but rather as objects, and should they do something to displease their husbands or in-laws, such as turning down a suitor, they could fall victim to acid burning sometimes leading to a horrible death.

A related act of violence is the ‘honour killings’ where a woman is stoned to death for bringing shame to her family by cheating or by being a victim of rape. The stoning is carried out by her own male family members including her father and brothers.

In Africa, several countrie s practise Female Genital Mutilation (FGM), because the law prohibiting it is not enforced.

FGM means that “parts or all of the external female genitalia” are removed. In extreme cases, all the genitalia is removed and then stitched together leaving a small opening for intercourse and menstruation. This is not to mention the severe effects that it can have on health such as HIV, sterility and psychological effects. More than 135 million girls have passed through this turmoil.

Female prisoners have been raped, sexually assaulted, groped during body searches and shackled during childbirth. Lesbian women, who are women nonetheless, have also been subject to acts of violence due to their sexual identity. They have been beaten up, even by family members, raped, impregnated and forced into marriages.

In general, many women do not report acts of violence because of the many inevitable negative repercussions. These range from being

socially frowned upon, to the long and tiring cases in court.

When thinking of violence against women one should consider the effects that this will have on the people in their lives who are not responsible for the acts of violence against them, such as their children who are around and witness the acts of violence on their mother. Children who have witnessed these acts have been known to suffer from symptoms of “post-traumatic stress disorder, such as bed-wetting or nightmares, and were at greater risk than their peers of having allergies, asthma, gastrointestinal problems, headaches and flu” (Family Violence Prevention Fund) . Furthermore, these children may themselves be subjected to domestic violence.

Such children, especially girls, have a higher probability of becoming a victim of violence as an adult, than those who never witnessed scenes of domestic violence within their family.

Could you imagine these acts of violence happening to your female friends, girlfriend, fiancée, wife, female relatives? Your own daughters? Violence against any person should be stopped – everyone has a right to live in a free environment without fear of being attacked in any way. Violence has many repercussions on the attacker, the victim and witnesses. Even the act of hitting a mother in front of the child can have serious repercussions on the child’s future!

L. M. Camilleri & D. Farrugia, Violence Against Women

Malta and the Council of Europe Dr. Francis Agius M.P. Council of Europe The Council of Europe’s primary aim is to create a common democratic and legal area throughout the whole of the continent; ensuring respect for its fundamental values of human rights, democracy and the rule of law.

Among some of the work which is being carried out both by myself and other parliamentary members in the Council of Europe on behalf of Malta which affect human rights include:- Committee on Equal Opportunities for Women and Men - Committee on Migration, Refugees and Population - Committee on the Honouring of Obligations and Commitments by Member - Political Affairs Committee - Social, Health and Family Affairs Committee - Sub-Committee on equal participation of women and men in decision-making - Sub-Committee on External Relations - Sub-Committee on Health - Sub-Committee on Migration - Sub-Committee on Population - Sub-Committee on the Middle East - Sub-Committee on Violence against Women - Vice-Chairperson: Sub-Committee on Children - Vice-Chairperson: Sub-Committee on External Relations Sub Committee on Children

Between 29-30th November 2010 Malta participated in the conference “Stop Sexual Violence against Children”, which the Council of Europe organized in Rome. Sexual violence is one of the worst forms of violence against children. It can take many forms among which we find: incest, pornography, prostitution, trafficking in human beings, sexual exploitation and sexual abuse. All of these can, and do cause serious damage to children’s mental and physical health.

The aim of the Council of Europe through this conference was to achieve greater unity between member states in particular by promoting the adoption of common rules in legal matters. Furthermore great importance was emphasized on the effective implementation of existing binding universal and European standards protecting and promoting children’s rights. All member states, among them Malta, were encouraged to carry out a number of measures to implement guidelines;

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among which, to review the domestic legislation and to give an active role in the monitoring process to civil society organizations, institutions and bodies promoting and protecting the rights of children. .

Committee on Migration, Refugees and Population.

This committee fulfils a dual purpose: firstly, it elaborates policies for the protection of the rights of migrants, refugees and displaced persons and the improvement of their living conditions; secondly, by proposing political solutions in keeping with the humanitarian values of the Council of Europe, it seeks to respond to member states’ concerns about significant movements of migrants and refugees, integration policies and population trends.

Between 25-26th November 2008 Malta participated in the seminar which was organized by the Council of Europe on “Migration, Refugees and Population” in Geneva.

The aim of this seminar was to provide an overview of the interrelated issue of fertility, ageing and migration with particular attention to employment matters. The results of this seminar suggested possible measures to take by the Council of Europe Member states with regards to fertility polices, adapting to an ageing population and challenges of migration. Illegal immigration has become a serious challenge for Malta. In 2008, 2,700 illegal immigrants arrived in Malta. Malta has a legal obligation to save migrants which find themselves in difficulty whilst in the search and rescue region. Once a person ends up in a country which is a signatory of the 1951 Geneva Convention, that person has a right to apply for asylum. Consequently one cannot just send immigrants back out at sea without having processed their asylum request. As a result of this, Malta abides by this rule and immigrants are taken to the nearest safe port.

dom. Violence against women is a detriment to peace, security and democracy in Europe.

In Malta a Committee on Domestic Violence was established under Article 3 of the Domestic Violence Act, Chapter 481 on the 1st March 2006. The main role of the Commission is that of advising the Minister responsible for social policy on all aspects of Domestic Violence. The Commission was officially launched by the Minister for the Family and Social Solidarity, the Hon. Dolores Cristina, on Thursday 30th March 2006 and has now been operating for nearly five years.

For further referce: h t t p : / / d o i . g o v. m t / e n / p r e s s _ r e l e a s es/2011/01/pr0166.asp h t t p : / / d o i . g o v. m t / e n / p r e s s _ r e l e a s es/2010/11/pr2229.asp

Sub-Committee on Violence against Women Violence against women is the result of an imbalance of power between women and men, leading to serious discrimination against women, both within society and the family. Violence against women is a violation of human rights, the very nature of which deprives women of their ability to enjoy fundamental free-

Dr. Franciss Agius, Malta and the Council of Europe