Partit Demokratiku launches 2L Campaign

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http://maltawinds.com/2017/08/01/partit-demokratiku-launches-2l-campaign/

Partit Demokratiku announces the launch of the 2 L Campaign. The campaign is an ongoing
campaign on many well being issues, which will also consist of a consultation process which will
be open to civil society and interested non-governmental organizations. For the duration of this
campaign, Partit Demokratiku invites interested individuals and organizations that champion human
rights and politics that are more humane and those who are against gender based violence to get in
touch and send in their feedback on the proposed private member’s bill on
partitdemokratiku@gmail.com.

We are kicking off on a particular topic, one that ensures that the lifestyle of raped victims and their
children is less traumatic. The proposed PMB follows as a solution to it as it amends Malta Civil
Laws to their advantage and to the detriment of the rapist. This part of the campaign is called The
2L Raped Victim Campaign and its consultation process will close prior to its formal presentation in
Parliament when it convenes in October.
Partit Demokratiku, through its People’s Seat, aims to strive towards for more humane politics. It is
our aim to work with civil society, all non-governmental organisations and with all parliamentarians
to reach a parliamentary consensus when there is a political divide.

The 2L Rape Victim Campaign
PROPOSED PRIVATE MEMBERS BILL ( PMB):
This PMB is proposing to amend the Civil Code Chapter 16 of the Laws of Malta with the intention
to :
A) Give more legal safeguards to rape victims ( mothers) which includes incest and inter-marital
rape.
B) Enhance children’s rights conceived in rape. More than other children they need to be protected,
as their life is distinct from the way they were conceived.
C) Ascertain that rapist are severely penalized. Rape is not only a sexual abuse but also a power
abuse, whose basis is a sexist culture where men are always at the helm.
There are two legal pathways and thus two options, how to tackle a way forward:
Option One
This option centers on two parameters that are hallmarked by a choice
1. A choice is given to a mother, who is victim of a rape, to terminate Parental Rights of rapist
father.
Reference is made to the Civil Code clauses 150 and 154 which defines when parental authority
ceases or is deprived.
It is suggested that a parent (mother) who is the victim of an act of rape from which a child was
conceived may ( has a choice) file a petition to cease the child’s parent-child relationship ( child
custody, parenting time or contact ) with the alleged perpetrator.
It must also be ascertained that once the convincing evidence is presented to Court, any possible
child-parent ( rapist) relationship has to be stopped immediately, even in the interim period, until
the final judgement is issued by court.
Once the perpetrator is found guilty by court this parental authority will cease.
Exceptions would be clauses 151 to 153 – when court may re-instate parent in parental authority.
2. Rights of the Child who is conceived in rape
Further to this, it is proposed that the rights of the child are favoured by:
1. A child conceived by this criminal activity, would have a right to be given maintenance ( like
children of separated/ divorced parents) and be the legal heir of the rapist parent, even if there is no
child-father relationship.
2. At age 14 the child may refuse child-parent( rapist) relationship if this was upheld by his mother,
unless the court decides otherwise at earlier years.

Option 2
This proposed amendment addresses article 150, in a way that it makes it more full proof, so as to
avoid the circumstances when the mother does not apply for the cessation of the parental authority
to the detriment of the child.
Article 150 unlike article 154, is a cessation ipso jure , that is , it is implemented by the law itself –
without the need of an application.
Most health care professionals are of the opinion that this is the best way forward and is
undoubtedly in the paramount interest of the child and of the mother.
The proposed amendment to the Civil Code will read:

CESSATION OF PARENTAL AUTHORITY

Article 150.
Parental authority ceases ipso jure in each of the cases following:

(a) on the death of both parents or of the child;

(b) when the child attains the age of eighteen years;

(c) on the marriage of the child;

(d) if the child, with the consent of the parents, has left the
parental home and set up a separate domestic
establishment;

(e) if the parents fail to make, in favour of the child, the
registrations referred to in articles 2038 and 2039;
so however that where only one parent has failed to
make such registration, parental authority shall not
cease in relation to the parent who has not so failed;

(f) if the surviving parent remarries or, in the case of an
adoptive parent, if after the adoption he marries or
remarries, without having first made an inventory of
the property of the child and obtained from the court
the requisite leave to continue in the exercise of the
rights of parental authority.

New sub clause ( English and Maltese)
(g) From the moment the child was conceived as a result of rape, the perpetrator would lose parental
authority, custody and any contact with the child if termination of the parent-child relationship
would be in the best interest of the child.

This does not in any way entail the elimination of the responsibility of the perpetrator to provide
maintenance to the child and of the right of the child to be the eventual heir, except where the
mother (when the child is a minor) or the child (when s/he comes of majority age) object to these
rights.

(g) Mill-mument li jirrizulta li t-tifel/tifla ġie/ġiet ikkonċeputa b’rizultat ta’ stupru, l-ġenitur li jkun
ikkommetta dan ir-reat jitlef l-awtorita’ tal-ġenitur, il-kustodja u kwalunkwe kuntatt mat-tifel/tifla
jekk it-terminazzjoni tar-relazzjoni bejn il-ġenitur u t-tifel/tifla ikun fl-aħjar intress ta’ tiegħu/ha.

U dan stante li m’hemm l-ebda riperkussjoni jew tnaqqis mir-responsabilita’ tal-ġenitur li
ikkommetta dan ir-reat, biex jiprovdi manteniment u mid-dritt tat-tfal li ikunu l-eventwali werrieta
tiegħu, sakemm l-omm (meta t-tfal ikunu għadhom minorenni) jew it-tfal (meta jilħqu l-eta’ ta’
maġġorenni) ma joġġezzjonawx għall-dawn id-drittijiet.
Conclusion:
1 Introduce compassionate measures that support and protect human dignity.
2 Cherish pro life measures that favour the unborn child, as they introduce positive and proactive
social measures after the child is born.
3 Rape victims ( women) need holistic support and should also be positively protected by legal
measures that pronounce modified life style measures that protect them from their perpetrators
(rapist).
4 A more robust education for equality in schools is essential as this creates a culture that does not
tolerate sexism.
5 Rapist are not only deterred by criminal punishment, but also by real life harsh social penalties.