Christian Peregin
Lawyer will take divorce issue to court
Case would take three to four years to conclude
Lawyer Lynn Zahra intends to ask the European Court of Human Rights to force Malta to introduce divorce. Photos: Matthew Mirabelli
A lawyer is planning to file a constitutional case against the government for violating her "right to respect for family life" by not allowing divorce.
Lynn Zahra has lived with former Labour Cabinet Minister Joe Grima for more than 20 years and they have a child but their family is not recognised as a legitimate unit, socially and legally.
"We are treated like second class citizens," she said.
She will file the case in October, based on various legal arguments, but has "no illusions" of winning in the Maltese courts. In fact, her aim is to take it to the European Court of Human Rights where she is certain Malta would finally be "forced" to allow couples from broken marriages the right to divorce. She hopes that about 30 people join her in her legal battle so they can share the expenses.
But she can only go to the ECHR after exhausting local remedies.
Although she has been planning to take this step for a long time, she was pushed to get things moving when Nationalist MP Jeffrey Pullicino Orlando put forward a Private Member's Bill. "He believes in legislation because he is a parliamentarian but I believe this is a right that is being violated, so I will take this to court," Dr Zahra said, describing Dr Pullicino Orlando as a "hero" for taking up the issue without worrying about losing votes.
Dr Pullicino Orlando is expecting the Bill to be discussed in Parliament by January but Prime Minister Lawrence Gonzi has already expressed himself against divorce.
"I find it really sad that our Prime Minister is cheerfully ignoring the rights of his citizens because, as a devout Catholic, he shudders at the thought that divorce is introduced on his watch," Dr Zahra argues.
Dr Zahra, who described herself as a non-practising Catholic, said this was not a religious issue because not all citizens were devout Catholics. But she is not impressed by Opposition Leader Joseph Muscat's position that divorce should be introduced through a free vote in Parliament.
"Dr Muscat is shilly-shallying. He is gauging the people's mood and waiting for surveys to take his cue so he does not lose votes. I don't like it when people play with words and dangle carrots in front of their electorate. This does not show conviction or leadership."
That is why she is willing to start a case she knows would take at least three or four years to conclude. She is convinced that Parliament would not introduce divorce, regardless of the Private Member's Bills by Dr Pullicino Orlando or, eventually, Dr Muscat. However, she hopes that, once Malta is taken to the ECHR, both parties would "wake up and smell the coffee".
Possibly, she argues, both party leaders would include divorce in their manifestos - before the case is decided - not to risk looking like they had bad judgment once the court finds Malta was breaching human rights.
Although she knows there is not much case law to back up her claims, she points out that this was also the case with Lautsi vs Italy, where the court found that crucifixes in public classrooms violated the right to freedom of religion.
Regarding a referendum, Dr Zahra disagrees with such an approach because she strongly feels that divorce is something that concerns a minority who should not be subjected to the "tyranny of the majority".
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Joe Zammit
Jul 29th 2010, 09:35
Lynn, analysing this report, I can say that you are already consoled you are going to lose your case. For expenses, you called others to help you.
You know that the law is against your argument. You know that case-law is against your argument. You know that divorce is no right at all, but you are deceiving yourself by saying it is a right ... with no evidence in favour of your stand!
The great majority of Maltese and Gozitans are against divorce. The great majority of our MPs are against divorce. Christ is against divorce because divorce is evil.
Lynn, so divorce is evil! Do you want evil?
Jeremy N Grech
Jul 25th 2010, 01:41
If some people don't want to divorce .. no one is obliging them to do so. But! since they are having the life they want... they should let others have the life they want. Believing is one thing, but imposing is another :)
John J. Smith
Jul 23rd 2010, 23:41
Good to mentioned also that the European Court for Human Rights in a sentence dated 18-12-86, in the case Johnston & Others vs Ireland, Johnston & others lost their case, because the Court did not find that Article 8 of the Human Rights obliged the country (in this case Ireland) to introduce divorce or to help the adults to better recognize their relationship.
One of the Judges was a Maltese, and the same thing can probably be stated in the case of Malta when we are stating that divorce is a civil right and out constitution gives a clear picture of our actual Christian/catholic faith...To change our constitution you must have 3/4 of the members in favour which is difficult!!!
L Camilleri
Jul 23rd 2010, 23:27
Well done Joe Zammit! Dak li tefghet fl-ajru waqa' f'wiccha!!
Joseph MELI
Jul 23rd 2010, 21:33
Good to mentioned also that the European Court for Human Rights in a sentence dated 18-12-86, in the case Johnston & Others vs Ireland, Johnston & others lost their case, because the Court did not find that Article 8 of the Human Rights obliged the country (in this case Ireland) to introduce divorce or to help the adults to better recognize their relationship.
One of the Judges was a Maltese, and the same thing can probably be stated in the case of Malta when we are stating that divorce is a civil right and out constitution gives a clear picture of our actual Christian/catholic faith...
Joe Zammit
Jul 23rd 2010, 20:49
Thank you, Lynn, for echoing to one and all that a referendum asking for a divorce is doomed for a loss.
Thank you, Lynn, for announcing to one and all that a Private Member’s Bill for a divorce is doomed for a loss.
Your only way out, in your grossly mistaken mind, is through the courts.
Thank you, Lynn, for informing one and all that your first two cases in the First Hall Civil Court and the Constitutional Court will be lost.
Continue your scramble…! You have found consolation in the Cross. But you have failed to mention (1) that Italy has appealed the European Court finding; (2) that Italy after the European Court decision has imposed a fine on anyone removing the Cross from schools; and (3) that the European Court ruling is never enforceable. So even if you are successful, which will not be the case, divorce shall not be legalized in Malta.
D Vella
Jul 23rd 2010, 22:07
Joe give us a break. I sense a touch of desperation in all your comments.
Martin saliba
Jul 23rd 2010, 22:48
Time will prove you wrong. Hopefully you are young enough to witness divorce introduced in Malta. Hope you dont die of a heart attack as well. Sleep well if your concience allows you for putting salt on a wound being the good christian that you are.
Raymond Bezzina
Jul 23rd 2010, 20:02
Many of those who are in favour of divorce are saying that : --- No one is forcing
divorce on those who do not want to divorce, but those who want to divorce,
they should have this right ---.
I strongly believe, that many of those who today are in favour of divorce, would
afterwards start to use the above same argument, with regards to abortion.
Those who reject God's graces and guidance will undoubtedly fall into the devil's
snares and deceit.
Jeremy N Grech
Jul 25th 2010, 01:38
This is not a good and evil argument.
This is a matter of freedom of living. Live life the way you want and let others live it the way they want (:
James D'agostino
Jul 23rd 2010, 18:13
"The Court cannot, by means of an evolusive interpretation, derive from these instruments a right that was not included therein at the outset. This is particularly so here where the omission was deliberate." - Johnston and others vs Ireland [1986] For further reference, I would invite Dr. Zahra to refer to Chapter 3 of my doctoral thesis entitled The Relationship between Divorce and Maltese Legislation for a 20 page discussion on whether there actually exists a right to divorce, with a negative conclusion. I invite Dr. Zahra to allow politics to determine whether divorce be introduced or not, as legal proceedings are doomed to fail.
Edward Camilleri
Jul 23rd 2010, 16:52
It is immaterial if the majority of people want divorce, no one should withhold divorce from anyone. Those that do not want it just shut up, and leave those that want it to be able to exercise their right. In my opinion, not introducing divorce is just a punishment to those that have married, and found problems, and need to start afresh, without having to be subjected to the mediocre annulment proceedings of the church/state. It is a well known fact that many are either separating and don't bother with remarry or just do not marry in the first place. Why we are different than all the countries in the world, except another one, is beyond immagination. Lets not stay wasting resources on something that is inevitable.
Jesmond Abela
Jul 23rd 2010, 16:36
"Dr Muscat is gauging the people's mood and waiting for surveys to take his cue so he does not lose votes. I don't like it when people play with words and dangle carrots in front of their electorate. This does not show conviction or leadership." Are you surprise with this attitude???? All he wants votes to be a PM at 39......
Lawrence Calleja
Jul 23rd 2010, 16:08
In this divorce issue a referendum is the only way out and democratic. Political parties should be left out of this issue and all Maltese citizens will have the right to vote in a referendum.
Joe Zammit
Jul 23rd 2010, 15:58
Lynn, the whole of your interview is just a hotchpotch of contradictions. You seem to be convinced that the majority of people want divorce, but you are afraid of a referendum.
You look at divorce as a right when it is no right at all. You haven’t mentioned any proof from the European Convention of Human Rights that divorce is a right for the simple reason that it is not. To marry is a right; to divorce is no right at all.
You seem to be afraid also of our MPs. You have no hope in them because they will not give you what you want. Our MPs know that divorce is not a right.
Democracy requires the good of society. Divorce is evil and detrimental to the whole of society. So the great majority of Maltese and Gozitans, and the great majority of our MPs are against divorce.
You are going to scramble in courts on the issue of divorce and eventually you shall find yourself in an alley! Poor Lynn!
Joseph Calleja
Jul 23rd 2010, 17:56
" To marry is a right; to divorce is no right at all." Again Mr Zammit, please answer me...ARE YOU MARRIED? Because if you are not, stay out of other people's business which you know nothing about. " Min igarrab ikun jaf ". How can a man, single man even, know what goes on between a man and a woman? Or why a person is gay unless he or she is one? Or why two people prefer to cohabit instead of getting married? A man cannot feel what a pregnant woman is feeling inside of her, I can only guess. ONLY SHE KNOWS. See Joe if God wanted us to fly, he would have given us wings but unfortunately he didn't. Don't judge unless ye want to be judged. #5
Joseph Calleja
Jul 23rd 2010, 15:55
First of all I wish people would stop quoting the bible which was written in the dark ages for those times. People interpret the bible to suit their needs, you can see all this from all the comments. Secondly we have to separate Church from State. This is the biggest obstacle we have here in Malta. We cannot separate Church from State because that's the way it has always been and like sheep, we follow. It's time for change and reality and step up to the 21st century. Stop being so gullible and start thinking for ourselves. Nobody is forcing divorce on anybody, it should be there for those who need it. The Catholic church will never allow divorce and that's final, but the State has an obligation to let a man and a woman choose their fate. Nobody has a right to condemn a man and a woman to a life of despair, not even the church, but that's a different matter. Ms Zahra is doing the right thing because she is doing something that a lot of people want to do but don't have the courage and the means to do it with.
Matthew Pulis
Jul 23rd 2010, 15:50
RE: "I find it really sad that our Prime Minister is cheerfully ignoring the rights of his citizens because, as a devout Catholic, he shudders at the thought that divorce is introduced on his watch," Dr Zahra argues.
No he is actually keeping to his values! And hopefully he remains so! This is what we voted for when we voted for a Conservative party! So it's not a case of shuddering, but a case of sticking to principles!
D Vella
Jul 23rd 2010, 16:47
Which principles are they?.The principles of beating your wife senseless while u are around with other women.The principles of humiliation,degradation,starvation,being thrown out of your own house.Your children frightened to be at home and staying out as late as possible to avoid the beatings and quarrels. The principle of having all your goods smashed or sold in front of you.The principles of threats,being made to feel as if you are worthless. I mention these because as a child I was went threw all those mentioned and it's only when my parents divorced was there some peace in our lives and we could pick up the pieces. No doubt there are many more principles not mentioned which others can come up with. Are these the principles you hold so dear?.
maria muscat
Jul 23rd 2010, 14:12
It is great to read that finally some people stand up for an divorce law. It can be an choice for some people who lives now are in agony and denial of some human laws. Many people in Malta cannot even imagine in what for hell some people live. Sadly there is not enough information around how people can suffer, people looks only to their own marriage and so long that is OK we do no need an divorce. Instead of thinking that there are people whom has no choice then go out the hell when other options fail. To punish people the rest of their lives when many times they are not the "guilty" ones, and decided by ignorant people, who you not even know is just barbarian. But one day, it can happen to you, your children, or grandchildren. Simple fact is we all change in life when we come older and depending what happen to your life, like work, health etc. Please, go for it! It is like a bit in the past that we could not marry people of another country or religion, today it is acceptable. I support your good work.
H Zammit
Jul 23rd 2010, 16:41
Never thought that Dr Zahra was one of the "people who lives now are in agony and denial of some human laws"
Ian Fenech
Jul 23rd 2010, 14:01
Mr Zammit, it seems to me that you think you are on a personal mission for God on this topic. Every article that there has been on divorce you are there commenting - 'Divorce never'.
However did it ever cross our mind that not all people beleive in Christ? What about these people? You are going to lump your beliefs on them, just like the church did with the natives in South America ( join or die)?
And why exactly is divorce negative? Speak to any child whose parents are always fighting and bikering and ask them if they think it would be better if their parents didn't live together anymore. Or ask sime wife who is abused by her husband.
This is not just a religious matter but a state matter and that is why it should be a right.
In the end of the day if your religious belief's do not allow you to divorce than that is your choice, but your beilefs cannot dictate the laws of a country.
anthony pace gouder
Jul 23rd 2010, 12:46
@ Joe Zammit
What do you expect ,isn't it obvious that the European Convention on Human Rights is reticent as there is no issue about DIVORCE , which is regarded as a normal legitimate practice and enshrined in the Constitutions of all the EUROPEAN NATIONS ,with the exception of Malta !
By the same weight and measure, as interpreted in your comment , after all are not ANNULMENTS and SEPARATIONS negative too .
J. MELI
Jul 23rd 2010, 22:16
You forgot to mentioned that the European Court for Human Rights in a sentence dated 18-12-86, in the case Johnston & Others vs Ireland, Johnston & others lost their case, because the Court did not find that Article 8 of the Human Rights obliged the country (in this case Ireland) to introduce divorce or to help the adults to better recognize their relationship.
One of the Judges was a Maltese, and the same thing can probably be stated in the case of Malta when we are stating that divorce is a civil right and out constitution gives a clear picture of our actual Christian/catholic faith.
J. Baldacchino
Jul 23rd 2010, 12:42
continued from below...
To quote the Universal Declaration of Human Rights, article 16 states that ;
i.) Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.
As you can see, it also takes the dissolution of marriage into consideration, even though this does not imply that its dissolution should be given, admittedly (the subject is the equal rights here, not the dissolution).
I wish you the best of luck, Ms. Zahra. It is high time this country grew up and stepped into reality on a few issues.
A.Busuttil
Jul 23rd 2010, 12:30
Joe Zammit you dont have a good argument, and your writeup is confused. Can you guide me in the Gospel when according to your books
Did Christ talk to our MP's ? its funy..........................
Did you ever heared the Gospel when Jesus was very angry when business people were selling their goods in the Temple? it reminds me of Hondoq ir rummien
J Farrugia
Jul 23rd 2010, 11:33
Lynn Zahra has lived with former Labour Cabinet Minister Joe Grima for more than 20 years and they have a child but their family is not recognised as a legitimate unit, socially and legally. And they should never be recognised as such. Since they freely opted to be pogguti through their own will, so will they remain. It is bad enough that children will have to bear the consequences this anomalous state. Live normally and dont complicate your and other third party's lifes. Otherwise dont start shouting for any undeserved rights. Only normal families have rights which they are not getting from anyone.
F J Brincat
Jul 25th 2010, 09:05
Wrong. Maybe legally they are not recognized as a family but socially, only narrow minded religious zealots would not recognize their care and affection for each other and their love for their child " socially". "
Socially? What a joke. Maybe YOU and your ilk will look down on people who cohabitate. A bunch of sanctimonious "better than thou" who stick their nose in other peoples' lives with the excuse of "religion" and " God".
If there is a hell I'll probably be in it...but you'll be my guide in there.
Joe Zammit
Jul 23rd 2010, 10:45
Rights are positive. Divorce is negative, so it is no right. Rights entail duties. Divorce entails no duty (not even to remarry), so it is no right.
The European Convention on Human Rights is reticent on divorce, so divorce is no right. The United Nations Universal Declaration of Human Rights is mum on divorce, so divorce is no right.
Therefore, any argument depicting divorce as a right in view of introducing it in our legislation is flawed right at the start.
No MP can vote in favour of divorce without sinning seriously against God. Christ tells all our MPs that what God has joined together let no MP put asunder. Any MP who votes for divorce is betraying Christ.
rgalea
Jul 23rd 2010, 11:22
Time to chill out..
Your argument is totally messed up.....you write "Rights are positive"....well how about the right to remain silent in court?.Your grasp of elementary logic is completely clouded by your religious fanaticism.Your logic was shot down in flames....so why keep digging yourself into an even deeper hole?
No one is asking you get a divorce......just like no one forces you to use a contraceptive....but I guess to anachronisms like yourself contraception is pure evil....
You beleive in God......fine , just don't ram it down the throat of people who do not ..or who 's God is different to yours.....and please don't bore us with the "my God is the true God"....every religion and superstition on the planet says the same thing and there is no way of proving anything about God .It's a pure act of faith and you can't prove his existance any more than you can prove the existance ( or non-existance) of the tooth fairy.
Wake up to the fact that the church and the state are not one and the same thing .
Gordon Sammut
Jul 23rd 2010, 11:25
Well done Joe...nice comment. Divorce is wrong...it's straight and plain in the Bible. Certain people dont seem afraid of facing God one day!
david debattista
Jul 23rd 2010, 12:24
A classic example that can make me cry, Poor fellow.
Yanov Cutajar
Jul 23rd 2010, 12:30
Ok fine, we get it already, you're a hardcore christian.
Keep in mind that not everyone practices the same religion as you do. Some don't practice any religion at all and live healthy normal lives. Speaking of rights, you have no right to rule out the fact that non-religious people would like to have a divorce and that they're going to hell for doing so.
I respect your beliefs in whatever religion you follow and your opinions, so please try and respect other people's opinions and views. The solution is simple. If you're so much of a christian that you don't want to get a divorce, then don't. It shouldn't matter to you whether other people do get a divorce or not and theres no point in telling them that they're sinning or going to hell or whatever.
J. Baldacchino
Jul 23rd 2010, 12:39
Under which classification list did you check to so expertly state that "Divorce is negative"? Who says it is? Not all rights entail duties - the right to life entails no other duty to the person in question, for example, so that argument is hogwash, too.
Just because a convention does not make a mention on divorce does not reduce its status.
As for 'betraying Christ' and 'sinning against God', one of the fundamental rights states that each person is allowed to choose his own religion; the beliefs of the Catholic church do not need necessarily to influence the decisions of MP's in our government. You can believe that it is a sin, that is your right, but do not judge anyone else for believing different - this is definitely not your right. Express your opinion, but do not judge.
(continued above...)
David Caruana
Jul 23rd 2010, 12:40
According to the European Court of Human Rights, non-Catholics have the RIGHT not to have crucifixes hanging in front of their faces in public places.
Apparently, what is seen as a RIGHT by some, is deemed as wrong by others.
Subjectivity is the word we are looking for here dear Joe.
We just need to wait and see the verdict of the ECHR.
In the meantime, good luck Dr.Zahra! Our country needs more people like you!
Trevor Lorenzo Mizzi
Jul 23rd 2010, 14:19
Can you smell it Joe Zammit?
Yes, that is the fragrance of divorce wafting into Malta.
Get ready for it !
Joseph Calleja
Jul 23rd 2010, 14:45
Here we go again. "Christ tells all our MPs that what God has joined together let no MP put asunder. Any MP who votes for divorce is betraying Christ." Where does it say that in the bible,
Mr Zammit? Why are MPs so special that they get a call from Christ? What about the rest of us humans? Mr Zammit you cannot make up the bible to fit your needs. Rights are positive and right you are. So why all the panic, let Ms Zahra and the rest, fight for what they believe is to be their right. Nobody is forcing you to get a divorce so stop trying to stop them from getting one. He/she who stirs the pot, knows what's in it, so stop meddling in other peoples business. By the way find me one MP that would attest to your statement, stop condemning MPs, They have enough on their plate to worry about. You cannot save the whole world.
ray abela
Jul 23rd 2010, 15:30
mr joe zammit, if you don't like divorce don't do it, but let the others decide for themself please.
Anthony Borg
Jul 23rd 2010, 17:30
@rgaleaTime to chill out..
Good response comment Mr.Galea. Sometimes we go off on a tangent from the main subject but your contribution made a lot of sense. From childhood, we were taken to the "muzew" and the beliefs of "others" literally pounded into our innocent brains. I wholly concur with your comments about a belief in a god... (although inwardly I wish it was true about a Supreme Being.)
Ramon Casha
Jul 23rd 2010, 10:17
Well done Ms Zahra.
Joe Zammit
Jul 23rd 2010, 12:30
Ramon, well done for something doomed for a loss!