Church ban 'against fundamental human rights', Deborah Schembri

Addressing a divorce debate held in Bugibba yesterday morning, Moviment Iva ghad-Divorzju chairperson Deborah Schembri said the Ecclestiastical Tribunal’s decision to withdraw her licence was an injustice to clients.

 “What worries me most is that clients are being denied the liberty of choosing the lawyer they want,” she said.

Schembri claimed a ruling of the European Court of Human Rights, on a case brought by a man denied his right to choose a layer himself, found this to be in breach of the fundamental human rights. “In Malta this is more serious. According to an agreement between the State and the Holy See, what happens in the Ecclesiastic Tribunal binds the civil court."

Schembri added that in other countries, the Ecclesiastic Tribunal asks those who apply for annulment to first obtain a civil divorce from the Civil Court. “Then they’ll be able to able to obtain an annulment from the Tribunal,” she said.

Speaking on its introduction in Malta, Schembri reiterated that divorce does not break marriages: “We do not have divorce in our country, but yet we have a third of the children being born out of wedlock and marriages are failing.”

She added that it was not fair such persons are denied their right to remarry and form a family, but are forced to cohabit. Schembri it was an injustice that in Malta whose who obtained a divorce was only because they afforded a foreign domicile. “It’s unfair that this right does not exist for the Maltese who live in Malta and want to raise a family in Malta.”

Since Malta has joined the European Union, the rate of divorce obtained from Europe has increased, Schembri said. “Today it is enough to give proof of foreign residence in order to obtain divorce and have it recognised in Malta.”

Schembri recalled that when Malta joined the EU, it never asked for a derogation on divorce like it was asked on other issues: “This means there already was the idea that one day divorce could be introduced in Malta as well.”

Talking on annulment, Schembri questioned how children - who know their parents had been married – are able to understand that their parents’ marriage had never existed.