President Abela calls for decisions on Family Law

President George Abela has called on the country to take stock of the current situation regarding the family and to take decisions regarding family law.

Speaking at the opening of a conference on Strengthening Marriage and Family, organised by the Doha International Institute for Family Studies and Development, Dr Abela raised various issues which need to be discussed, including the definition of the family, the rights of cohabiting families, assistance to families and the issue of breakdowns and divorce.

The family, he said, was a universal and irreplaceable community rooted in human nature that was the basis for all societies at all times. As the cradle of life and love for each new generation, the family was the primary source of personal identity, self-esteem, and support for children.

Traditionally, he said, the family in Malta was held to be very united and stable with dedicated parents looking after and rearing the children and often with the support of an extended family which often lived nearby and which could be of assistance in times of need. This was still so to a marked degree even today but, in recent times, single parent households had multiplied considerably and so had the incidence of childbirth outside wedlock.

CHANGING FAMILY MODEL

"The Maltese traditional family model is changing. We are witnessing an increase in the number of working mothers which undoubtedly puts new pressures on the family. This raises the question as to whether the strong family values of marriage and fidelity, child-bearing and rearing and the family bond will continue to resist the daunting challenges ahead," Dr Abela said.

"We must work hard to prevent family fragmentation because the consequences for children and society are severe. Studies have constantly shown that children raised outside marriage suffer disproportionately from physical and mental illness; they are more likely to drop out of school; abuse drugs or alcohol and engage in violence or suffer it in their homes and they are less likely to attend higher educational institutions.

"Of course, many hard-working single parents do an excellent job in raising children and they need our support too. But when a family with children breaks down, there are always negative outcomes for children, depending on their age. The many and often unavoidable changes that accompany divorce or separation can undermine children's sense of security and make them fearful of the future. From a child's perspective, the unimaginable has happened - a parent is no longer at home. Children may be deeply afraid that the other parent is going to "disappear" too and leave them alone in the world. Children of broken families may feel rejected and unloved by the parent who has left," Dr Abela said.

The emotional effects of marriage breakdown were also strongly felt by the separated spouses. According to research released last July in the US, the trauma of a split could leave long-lasting effects on mental and physical health that remarriage might not repair, Dr Abela observed..

All this, he said, made it imperative to strengthen marriage and the family.

He said a number of suggestions could be considered.

"The State may set up structures or strengthen existing ones to support marriage and families. In Malta, there is already the National Commission for the Family which has an advisory capacity. This Commission may be strengthened further or be re-established. The creation of a Commissioner for the Family and the setting up of an Inter-Ministerial Committee to plan and execute a holistic strategy in favour of marriage and family have been recently suggested. For this, as for any other measure, the necessary resources - human and financial - would have to be allocated.

FINANCIAL ASSISTANCE

"Financial assistance is also important. Families with children below a certain income are already entitled to children's allowance, besides free education for children up to university level as well as stipends for older children. Perhaps more fiscal incentives could be considered according to the means of the State at any given time. Families in financial difficulties may, at times, be victims to emotional pressures that may compound an already stressful situation.

"Education is always of paramount importance. Educating students on the importance of family and stable marriage could be part of the national curriculum so that these concepts become inculcated into young citizens' minds from an early age. Young people may sometimes be imbibed with ideas derived from the media which do not always present the realities of married life in their proper perspective and this may lead to disillusionment when they are themselves married and trying to form a viable family."

Dr Abela also underlined the role of the church, pointing to the work of the Diocesan Family Commission and the Cana Movement.

He said civil society and the communications media could also help. One may create a public discourse on the benefits and value of the family and marriage. Married couples with healthy relationship skills may share their experiences with others by using the media.

Perhaps volunteers could be organised to speak at secondary schools and colleges about the benefits of marriage.

At Appoġġ there was also "The Family Therapy Service" where families could seek support, but this service was overburdened and needed further investment, Dr Abela said.

"Working in favour of strengthening marriage and the family is never enough and all possible contributions should be mobilised towards this vital goal."

ADDRESSING FAILED MARRIAGES

Turning to the issue of failed marriages, Dr Abela noted that a number of separated spouses, either separated "de facto" or "de jure", set up household with other partners and sometimes children were born as a result of these partnerships which may, in some cases, be relatively stable.

"Some are inclined to call such households composed of a male and female partner and their children born of their union as "families in all but in name". But should the term "family" be solely used in the case where a couple is officially married or are we to consider stable unions also to fall within the definition of a family? Are these unions to be considered merely as social affectionate aggregations giving rise to certain rights and obligations without however being put on the same level to a family?" he asked.

"This begs again the original question as to what we understand by the term "family" in the present day context. I believe that an answer to this question has become a political priority in Malta and I do not want to pre-empt the discussion on this topic since my office precludes me at this stage to enter into the political fray," the President said.

He recalled that Maltese law had been amended to remove the distinction between so-called legitimate and illegitimate children and they enjoyed the same rights.

"But should our law allow for the recognition of diversity in that unions outside marriage be recognised and that cohabiting partners be given rights akin to marital rights where it concerns maintenance, succession rights and other personal rights? As the position stands today, this is not permissible at law," Dr Abela said.

"Given that it is impossible for such cohabiting couples to marry even had they wanted to, and given that a divorce legitimately obtained abroad is recognised under Maltese Law, such a situation has been discarded by some commentators as unfair. This situation has also been among the arguments in favour of the enactment of a law on divorce and the consequent right to remarry which some argue militates in favour of the family because it decreases cohabitation by giving rise to new families in marriage. On the other hand, those who oppose divorce legislation argue that second or subsequent marriages tend to be even more fragile than the first."

Dr Abela said the time had come to take stock of the situation and to take decisions regarding family law in Malta.

"I believe that such a sensitive subject should be considered with empathy and sentiment of compassion," he said.