‘Time up’ for Church-State concordat – Deborah Schembri

In the 1993 concordat the Maltese state surrendered unilaterally to the Holy See all civil rights of Maltese citizens who married in church. Unfortunately this point has never been sufficiently explained to our young couples and the consequences that marrying in church would have on their civil rights. After studying the concordat and reading articles by learned experts on concordat treaties I think that unless the concordat is abrogated ( not easy as it is an international treaty) articles 4.1 and 4.2 of the concordat could stymie those who married in church especially after 1993 from obtaining divorce even after the divorce legislation is passed. Article 4.1 stalls divorce proceeding until the church decides on whether to grant annulment if one of the parties married in church requests annulment of marriage. Article 4.2 effectively excludes divorce for all those who signed church marriage papers after 1993. I hope myself and others are wrong in our interpretation. A good topic for a law degree thesis for some of ourl budding liberal lawyers. A copy of the concordat is available at www.concordat.eu

CitizenX3 this will be my last remark on this article. Democracy might give you the right of choice ....democracy GIVES you the right of choice. The church has a right like all institutions to make its own rules..anyone MIGHT join or be free not to join..the church and any institution need not be democratic. I condemn all that is evil like child abuse..I pray to God that nobody abuse my children and if God Forbids this happens I pray to God to be able to provide justice to the perpetrator according to what he/she deserves. The Church and the State are totally different and miles apart; the Church is for you to join; the state has chosen to be democratic and as citizens we are part and parcel of this state. I would like to repeat that following Christ is voluntary and only when you meet him you would know what you have been missing.

@bejn il-linji Democracy might give you the right of choice - but one has to question your intelligence when you then choose to be represented by someone who is against democracy. The church is more in tune with the autocracy of the roman empire than with the democratic values of the 21st century. Priest has to give TOTAL AND ABSOLUTE OBEDIENCE TO THEIR SUPERIORS. The church is pro-Royalty. The church in Germany rang bells on Hitlers birthday and throughout the duration of the war, they did not speak out about the concentration camps, though the Vatican must have known. So here you are trying to make what you think are morally superior comments but what is your stance on child abuse for example. I looked around and did not see you say anything on this subject - from which i can deduce that you approve of letting priest go unpunished when they do these shameful acts? Your intentions may even be sincere - but the result of your logic and thinking is far from sincere. You know - God does not accept ignorance as an excuse and if you believe in God, then you should now that we are judge by the RESULT of OUR ACTIONS. So if you vote a person in power that is evil - you are responsible before God for the action of that person.

John Azzopardi If you think the PN is going to win an election by trying to using a fledging economy as it's spearhead you are sadly mistaken. I would rather vote in a manner that redresses the secular state. I fear that the PN in it's current confessional mode will try to transform (further) our nation into a confessional state. Whilst we are on the economics subject do bear in mind that we even have our economic guru, the minister of finance reportedly having visions of the Madonna.....

charles sammut ma tahsebx li hi x inhi r-raguni r-rizultat jghodd!!!!! Ghidli jekk nitlef dan ic-cans ta taghlim mill-aqwa x'sejjer niehu minn floku...naturalment dan jghodd ghal kull ma hi kapaci toffri l-knisja bizzejjed nghidu ghal dar tal-providenza u ghal ta kana fost il-hafna...jekk titlaq il-knisja minflok dawn jigu b'mod volontarju minn nies bhali jridu jizdiedu mal-hafna taxxi li diga nhallsu!!!!! Jien ghax ma ghaddejtx mill-ezami kelli nerga nistudja u kelli naghmel xi sajf biex inkun nista nkompli u hekk trid taghmel ds ghalkemm jidher li ghazlet il-politika????

@De jong Ma Kontx qed tahseb fis-sufraggettes jew Jean D'Arc?

John Azzopardi, it's not all about 'economics'. Very important social issues are at stake here, and they are just as important if not more.

I love it when people go gaga over an individual and in this case the PL think that a goldern egg has been laid. Let's all grow up. Elections will be won not on what our believes are. We have came a long way and elections are not made by what the church says. It will be the cuc who believe that. Elections are won on the way the economics of the country are at the time of the election.

@ PN apologists Now that DS refused to contest the general election with the PN she being attacked left right and center. Had she decided otherwise these same people would have put DS on a pedestal for worship. A case of sour grapes from the PN.

@ bejn il-linji Of course the Church strives to provide the best education. But it is not done for altruistic reasons. It is done to attract the best students who will, in the course of time, be influenced by the Church's teaching (brainwashing) to do its bidding once they reach adulthood. Unfortunately for the Church, some of these students see through the deceit and they become some of the most strident critics of the Church. The writing is now clearly on the wall and the Church will fight like a cornered rat come next election.

Democracy is a form of government in which all citizens have an equal say in the decisions that affect their lives. I am a normal citizen and my vote goes for pro catholic representatives. Naturally other people can do what they like..I do not interfere.

In Malta, over the years a number of hardline aristocratic Catholic networks have been behind a number of low key interventions whose purpose has been the aggressive pursuit of a national Catholic agenda, even if it circumvents democratic principles, some of those recently endorsed in the European Constitution. Excluding the divorce referendum, examples of these achievements have been the undermining of those Napoleonic ideals of the Republic, the return of territorial sovereignity of Fort Saint Angelo back to the Order of Malta, the minting of the eight pointed cross of the Euro, the covert signing of concordats, as well as many unnoticed others. One such newtork is the Order of Malta (SMOM). According to international law, the Order has a current status of an independent sovereign principality, and is even represented in the United Nations. Its network of membership is international and at the same time well organised. There is a persuasive body of evidence attesting to its involvement in Intelligence work, as its hospital and medical services often place it strategically at points of crisis, even though this activity need not necessarily even be the Order’s official policy. In Malta, just like in any other state, the upper grades of the Order - the aristocratic 'Knights' - belong to a powerful , but relatively low profile international network, that often intervenes in overt or covert diplomatic work, in the interest of its controlling master in Rome. However, the lower ranks are more often engaged in antiquarian research and charitable works, which maintain the Order’s humanitarian image with the greater general public, much of which is laudable. The late President Emeritus Guido de Marco was a respected member of this Order, and was awarded the high rank of a ‘Bailiff’ (SMOM) after securing the interest of the Order and the Faith both during International and domestic interventions. Other distinguished personalities have also followed suite. It is noteworthy, that the Grand Master of this Order is recognised as a head of state, wtih a secular rank eqivalent to a prince and an ecclesiastical rank equivalent to a cardinal. It is not uncommon for its high ranking members to also hold membership with its sister Order. The late Grandmaster Cardinal of the Equestrian Order of the Holy Sepulchre, who also has a small presence in Malta, belonged to both Orders and was commended for his unswervingly loyalty to the papacy and the Roman Catholic Church. The current Archbishop Paul Cremona, also belongs to this Order and is known to be actively engaged in pursuit and growth of its agenda on the Island. Additionally, Opus Dei has also recently established a significant following in Malta and over a number of years has been sending weekly foreign representatives from its headquarters in Rome with the purpose to further infiltrate the Maltese society. Last but not least, the Catenians, who are known to be inclined to recruit professional and bussiness networks, have also established a number of circles and meet regularly at key centres in both in Gozo as well as Malta. Although this list of lay organisations is not exhaustive, it suggests that there exists a number of organised networks and well connected hierarchies of influential lay individuals, who are/have been recruited to prominent positions of power. These networks are actively engaged towards maintaining a conservative status quo through many forms of persuavive interventions. These have often been discreetly orchastrated from eccleesiaticals abroad, and in particular to ward off secularism. This is how unofficially Malta has become a Vatican colony, and how the Maltese society has been controlled; and this is how democracy is being seriously undermined!

Meg Wallace stresses that that political secularism is not anti-religious. On the contrary, it means that the state gives you full religious freedom, so long as you respect the rights of others. Nor does it prevent you from freely discussing religious topics in the public sphere, so long as you coerce no one and the resulting legislation can be justified on grounds of general wellbeing, not on the doctrine of a particular group. http://www.concordatwatch.eu/showtopic.php?org_id=1551&kb_header_id=44221

yes, I allready stated that months ago, Malta needs ppl like you Deborah Schembri in our parlament. Malta needs to be a real secular state. Some opponents of church-state separation redefine “secularism” as “state neutrality” to allow their group (among others) to get state funding. Others try to discredit it by conflating “secularism” with “atheism”. But it's a political, rather than a religious doctrine and its purpose is to help level the playing field in order to give a better chance for human rights. http://www.concordatwatch.eu/showtopic.php?org_id=1551&kb_header_id=15791

What I can say the church helped me in my education and educated my children in a much better way than the national schools. The church is in everything better than the national bodies. I do not understand the hatred of the remarks here.

ONe more comment. The lady should have had enough decency not to join any political party until at least after the vote on the divorce in parlament . What she did is let a lot of people down. There are thousands and thousands of nationalist who are pro divorce, including myself. So there you go warmongers

I always love when people don't like the truth. I say it like it is. AS for respect, it's always earned and it's hard working people who have my respect not those bil paroli. Capisce.

If this country had half a brain - the crisis in the country would have happened back in 1993 when this shameful agreement was done. Maybe our cash-strapped bishop wants to elaborate how much of our tax money they stole from Maltese families?

@john Azzopardi Who gives a bamboo shot about your list of people you admire, most probably gonzi and efa top the list.

In the few months she has been in the public eye, Dr Schembri has proved herself an articulate person who has the courage to say clearly what needs to be said. Unlike the typical politician, her statements are not hedged with ifs and buts. She has brought a breeze of fresh air into the musty confines of Maltese politics. Unfortunately, PL delegates often tend not to appreciate enough intellectual talents. However, it is in their party's interest to nurture a budding politician of this calibre.

I fully agree with DS the the current Malta Vatican concordat is an anomoly which goes against human rights and which needs abrogation asap. This strange concordat is even more out of place and discordant now that we have joined the EU and when we should be aiming to converge to European ideals of freedom of thought and action and and total separation between church and state. It is in my view unfortunate that DS has compromised her unique leadership position by joining a political party and that she cannot now be seen to rise fully above partisan politics. A great gain for the PL but a loss to leadership for issues which are non-partisan. Unfortunately she has left us with an unfinished symphony. Let us hope that some other equally capable independent picks up her baton to complete the job.

Jien naqbel maha ghax tat lil bnidhem il liberta xjazel

@ John Azzopardi Who pray is on your "list of admired people"? Tomás de Torquemada? Go back to sleep.

What amazes me is that such an agreement was there in the first place! And, not only is this agreement there but it is being ABUSED by the church who seem to think that they can ban certain individuals from participating in their "tribunals" basing their decision to ban such individuals on what they perceive to be their moral leanings. This is 2011 and much of the human race have moved on from hoodoo witchdoctor politics - except in Malta it would seem. The church through it's actions has shown it's contempt of democratic process and as such (like a spoiled child) it should have the baubles of power taken from it permanently as it has demonstrated clearly over the past months that it is incompetent to play with them.

F' dan il-pajjiz ma tezistix il-"GUSTIZJA". Kul min naf li tkellem ghad-dritt tieghu jew ta xi hadd iehor dejjem spicca vittimizat, diskriminat u imkisser. Naf x'qed nghid ghaliex ili 23 sena ghaddej minn kalvarju. Li tkun Laburist jew ikollok sentimenti Laburisti tfisser li tkun ikkundannat. Ara jekk tkun "CUC" imma tal-qalba tiehu dak li ma ghandekx dritt ghalih. F'dan il-pajjiz tezisti biss "MIGHT IS RIGHT" hux veru Dr Gonzi and company ? u Mons Arcisqof?

Sur John Azzopardi Qed tghid hekk ghall raguni wahda. Ghax Deborah ghazlet li tkun kadidata mal-PL. Ara li kieku ghazlet PN, inti tghidx kemm kont tilaghqa. Imma meta l-volpi ma' jilhaqx l-gheneb jghid li hu qares............qed tifhimni inti sur Azzopardi hux?

"...the time for the concordat is up, and it is up to the State to see to it that it ends"- Sic transit gloria mundi. Thus shall end eddie's legacy!

Xejn specjalli turi kemm hi bniedma bla principju. Insomma mhux mal-pl marret partit ta bla pricipji u tal u-turns

@John Azzopardi Mr. Azzopardi, you have expressed your negative opinion of Deborah Schembri with quite a collection of adjectives that exposes you as someone who does not really respect the right of your fellow citizens. Let me assure you sir, that your opinion could not be more wrong and the arrogance that you have exhibited in this blog is shameful. Deborah Schembri is not only a very smart woman and legal counsel but her referendum courage and excellent presentation for the general public to understand the issues of the referendum has earned her every right to be on the forefront of Maltese politics. Hopefully this will lead to a bigger and better for all that will seek her advice. This whole nation owes her total respect and much gratitude and there is nothing someone of your ilk can say, which will dent the high esteem this professional has earned and deserve.

@john azzopardi Dr Schembri stuck her neck out to help people in need, do you expect her now to retire in a corner and die? She has a right to her opinion and so have you. You have just exerted your right to free speech, surely you cannot begrudge her the right to do likewise.

I had some respect for her prior to the referendum. NO more. She is nothing more than opportunist and she is no longer on my list of admired people SHe is actually a jerk. She lost all of her credibilty and instead of staying indepedent, she chose to get involved in politics. What a pathetic citizen. She should have known better.

Pro-divorce lobbyist and Labour candidate Deborah Schembri says time for concordat is up: "It is up to government to see that it ends." Does Dr Schembri really believe that the party in power will do anything to change the situation? No way. They will have to be pushed mighty hard to do anything. Do the Progressives have the appetite for another fight? JPO did it for divorce, who will have a go on this matter?

The concordat MUST GO. Who is running Malta? The prime minister or the bishops? "If all Church power vests in the clergy, then the people are practically bound to passive obedience in all matters of faith and practice; for all right of private judgment is then denied. " (Charles Hodge)

@silent citizen Better keep silent cause you.re making a fool of yourself.

The refusal of the Pope to welcome the de facto partners of MPs has resulted in the introduction of divorce. The ban on lawyers by the Church's tribunal will put an end to the fate of any concordat. No more concordats as concordats recognise and reinforce the Church's power. What is needed is legislation in parliament annuling any such concordats and making concordats between the Church and State unlawful. The Church should know better than to pick a fight with MPs and lawyers. Thank God we are looking down the road of the annihilation of the Church's power. But parliament should hit the Church hard. It must make it obligatory on any Church official to report cases of child abuse and ban the establishment of any review teams. After all, we lawyers know what the Church is doing through such teams. Collecting the evidence and destroying it whener that is possible. Eight years to investigate a case. What a bloody joke. The Church's hierarchy is not only irresponsible but criminal. They are worse than the pedophile priests.

King Kenny - Jaqaw kont quddiem xi mera inti w'tikteb dak il-kliem??? (i.e. ghidtu lilek innifsek???)

It seems that PN’s secret weapon is DS’s inclusion in the PL!

Dr Schembri is not in parliament yet and already seeing herself as the Minister of Justice. Many successful people today ,of course, do not care anymore because they do not need church schools. They can pay heavily for private schools.

Grazzi DS ghax qed taghmilha facli biex wara 40 sena nivvota u nimmilita labour issa ma kontx ser nivvota u wara li qed nisma dan l-antiklerizmu kollu nista minghajr l-bda rimors nivvoti PN. Fis-60 l-knisja kienet zbaljata fuq is-6 punti kollha; illum il=PL u inti nkluza ma tafux x'qed tghidu. Min ma jghaddix mill-ezami ma jkunx accettat u hekk gralek int. Kellu bzonn l-istat kien tal-affari tieghu daqs it-tribunal tal-knisja bil- nuqqasijiet tieghu kollha la kien hemm prim imhallef il-habs u lanas l-ebda imhallef u jekk tahseb li kellhom jibdlu r-regoli ghalilk jien nghid allahares qatt. L-izjed meta ghamiltha tal-papa u ghedt x suppost tghid ir-religjon....

How crystal clear and level headed this woman is! No wonder she was an invaluable asset in the divorce referendum. There is no doubt the concordat has to be revised to reflect a secular society.

I respect the Church and Catholics in Malta, the same way as I expect that they respect me and all other Maltese who believe differently from them. I think it is too obvious that everybody should have the right to believe whatever he or she want to believe, without having any disadvantage in doing so. No religion should be dominant above others. A Maltese atheist, Muslim, Buddhist, Catholic, etc... should all have the same rights infront of the state. The Maltese authorities should make sure that no religious organisation has more power infront of the state - infact if a religion is given more strength than others by the state itself, that should be considered nothing less than a crime. Some believe in god, I believe in Humans. We are the ones to fight for a better world where everybody is equal, no matter of his/her believes... as long as he/she respects his neighbours.

@ Silent Citizen Jew ma qrajtx l’artiklu, jew qrajtu u ma fhimtux, jew ghandek lanzita tal-genn kontra din il-mara, jew inti veru bahnan……!!

Debbie, simple sue their (the Church & State) asses in Brussels... then distribute the hefty compensation that they pay you, to those really in need.

IMBAGĦAD TRID TIDDEFENDI L-MIZZEWĠIN FIL-QORTI TAL-KNISJA. ĦALLINA, KEMM ĦSIBTNA BĦAĦEN.

All was well between church and state after the 1969 agreement until EfA showed up and started stocking the old fueds. Malta's present situation is all thanks to him both the poloraization and the anti-church feeling that has cropped up again. Time for the Cremona/Grech tandem start working to repair the damage done, it is useless to keep harping about the Divorce issue, this has been settled through a democrtic referendum, if they cannot stomach the result they should ask the Vatican to replace them. The Middle and dark ages are far gone.

PROSIT PROSIT PROSIT> this should be Labour's, AD's and the so callled Liberal Nationalists number ONE priority now. Stike while the iron is hot. Hit them when they're down. They deserve no better. Time for Grech and Cremona to donate their costumes to some Carnival museum. Sorry EFA & family : ever heard the old Maltese saying about the new nail replacing the old one?

LP should spearhead its repeal, as a progressive party! In the divorce issue people have shown that they are treasuring more civil rights than the frivolties presented to them by the GonziPN governement. If it cares to be given the responsibility of governing, it should not fear the Church or the PN propaganda machinery in providing more the people wtih civil rights.The Religio et Patria Party is not fit to do this, so Labour should take the lead and not shy away from this.