Let's legislate now!

The traditional family as we know it is rapidly changing. Marriage is on the decline when compared to some decades ago and it is a fact that more people are cohabiting. Some of these couples do eventually get married but some others do not have this possibility mainly because we as a nation do not permit divorce or same-sex marriages.

I will not go into the merits of whether or not we should introduce divorce or same-sex marriages. That, I think, is another matter but the fact is that we are facing a situation that needs to be addressed as soon as possible. It is a fact that in Malta cohabitation is not merely an alternative to getting married; it is very much a case of Hobson's choice in the vast majority of cases.

I therefore am of the opinion that we are in duty bound to protect those couples that are de facto cohabiting, taking into account the provisions of article 22 of the Charter on Human Rights: "Everyone, as a member of society, has the right to social security and is entitled to realisation, through national effort and international cooperation and in accordance with the organisation and resources of each state, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality."

Moreover, the cohabitation law is a promise the Nationalist Party made during the last electoral campaign and was also included in President Eddie Fenech Adami's speech to Parliament. In Malta's case, the proposed law is part and parcel of the social development that every developed country aims for and we cannot pretend to achieve the desired socio-economic sustainability if we don't treat this subject as a top priority.

In such cases and in a matter that is becoming the concern of more and more couples we should immediately commence the debate, keeping in mind that we are talking about people's lives and the lives of their families. We cannot continue to procrastinate, thinking that everything will automatically fall into place because it will not and the matter is becoming more pressing everyday.

It is an established fact that cohabiting relationships are more fragile, in the sense that they are more prone to break-ups than marriages. This, in itself, should make us more aware of the urgency of proper legislation so that the interests of those partaking in these relationships are safeguarded as much as possible. We also have to take into special account the children born out of cohabiting relations; they too have the right to have their interests protected and I strongly feel it is our duty to safeguard this right.

The world we live in today is rapidly changing and with it the framework of the traditional family structures.

Facing this reality we have to make our utmost to ensure these relationships are as stable as possible. Legal rights should be at par with those of married couples, especially property rights and rights for these couples to make decisions on their children's lives.

There are many questions that need to be asked and answered; many points to discuss. Every case has its own merits and we have to be careful not to be selective when legislating because I think that this exercise is all about inclusion. As I stated before, the main reason for cohabitation in Malta differs from anywhere in the world. Thus, for many of these couples, cohabitation is not their first choice but the only available alternative. We cannot leave these couples standing in the cold.

Another form of cohabitation that needs to be addressed as well and on which I gather there is more consensus is that between blood relations where, in many of the cases, the relationships are caring ones. So far little has been done to protect the parties in these relationships and I am sure it is high time that the concerns of these persons are catered for.

This will certainly prove to be a huge exercise and the recommendations have to be carefully laid out to cater for the different particular needs. Transfers of property, capital awards, children's benefits, inheritance in cases of death without a will, and the sharing of property if and when a relationship ends are but a few of the multitude of matters that have to be tackled.

We must be committed to face reality even if it means that we stray from our traditional patterns. A good government needs to cater for the real needs of his citizens and I am sure that our government will live up to this maxim and legislate appropriately in order to close the gap on emargination as much as possible.

I am sure that there is as much love in a cohabiting couple as there is in a married one and, therefore, we should all strive to eliminate all discrimination in this regard for, as St Paul himself said in his letter to the Corinthians, "I wish that all were as I myself am. But each has his own special gift from God, one of one kind and one of another".

Mr Casa is a Nationalist member of the European Parliament.

david@davidcasa.eu, www.davidcasa.eu