http://www.sundaycircle.com/2012/09/guest-blog-missing-the-wood-for-the-trees/
Sundaycircle.com regularly opens its blog to a variety of colourful, opinionated and witty individuals from various walks of life...
Dr Neil Falzon, is a human rights lawyer, and former head of the Malta branches of the UNHCR and Amnesty International. Today, he is the Director of aditus foundation, an NGO dedicated to the rights of minority groups.
For more information about aditus, visit their website here.
Last week the
Rights and Obligations of Cohabitants Act was published by the Ministry for Justice, Dialogue and the Family, as a document for public consultation. For the one-month period between 28 August and 30 September everyone, including you, is invited to contribute to the national discussion by
commenting on this Cohabitation Bill.
The Bill is pretty straightforward. Nineteen articles in nine pages essentially saying that two unmarried persons living together as a couple will be able to register their relationship in a regime called ‘civil cohabitation partnership’.
Upon registration the couple will be required to regulate personal matters such as maintenance, properties and children, all in a manner enforceable in court by either person in the relationship. Persons in unregistered relationships can also benefit from the Bill’s regime, if existence of their relationship is eventually established in court.
Importantly, the Cohabitation Bill proposes to resolve issues such as hospital visits, medical decisions and bereavement leave by granting the status of ‘next of kin’ to persons in a civil cohabitation partnership. Persons in relationships with non-European Union nationals will be pleased to know that, through a Foreign Affairs Ministry policy, a civil cohabitation partnership will result in the right of entry, stay and employment in Malta.
Yet despite what sounds like an innovative and groundbreaking law, hailed as a first step towards the legal recognition of same-sex couples as valid families, our
criticism of the Bill has been an unequivocally harsh one. In our view, the Bill offers same-sex couples very little more than the crumbs granted under today’s legal regime.