Discriminatory law 'still in place'

The lawyer of parents with illegitimate children has presented a letter to the president of the European Court of Human Rights, Luzius Wildhaber, pointing out that discriminatory legislation affecting the inheritance of such children was still in force despite being declared null and void by the Constitutional Court four years ago.

In the letter, Dr Anna Mallia explained that according to the Civil Code, parents of legitimate and illegitimate children could not bequeath their inheritance to them equally.

The parents have been waiting for the amendments since a Constitutional Court decision in 1997, which had declared the provisions null and void and without effect.

However, despite endless attempts to bring the court's decision to the attention of parliament, it had been ignored, Dr Mallia said in her letter to Prof. Wildhaber.

The discriminatory provisions were thus still in force and only an Act of Parliament could repeal them, she added.

"In effect, to date my clients still cannot bequeath their inheritance to their legitimate and illegitimate children equally."

The parents had no option but to appeal to Prof. Wildhaber to act as a catalyst to ensure that the loophole would be removed and to intervene so that the decision of the Constitutional Court would be respected.

Prof. Wildhaber was delivering a public lecture on the role of the European Court of Human Rights in the protection and promotion of human rights and fundamental freedoms, with reference to recent judgments, at the Foundation for International Studies.