Gender equality in parenting : Maltese jurisprudence

Abstract

Gender equality in parenting is subject to societies' acknowledgement that parents have equal rights and equal responsibilities in family life. The thesis intends to analyse this topic by incorporating the legislative, judicial and sociological perspectives on parental rights and responsibilities in Malta. The ultimate aim of the thesis is to determine whether the issue of gender equality is of concern when the Court draws its conclusions on parental issues, with a specific focus as to whether bias and discriminatory elements are present in contemporary Maltese jurisprudence. Chapter One gives an overview of Maltese Law development with regard to gender equality in general. It subsequently delineates the legal principle of gender equality in parenting as established in national laws and also other legislations which were enacted as a result of Malta's accession to the European Union and also legislation of an international source. Chapter Two focuses on the means and regulations applicable to parental disputes by Malta's judiciary system, with emphasis on the Family Court's mechanisms and mediation as an alternative dispute resolution. Chapter Three and Four review the 2011 Maltese Court judgements and pendente lite decrees with regard parental issues of care and custody, the right of access and the obligation of maintenance. The analysis focuses on whether the legal principle of gender equality in parenting is being reflected in practice by taking into consideration the Court's reasoning in reaching its conclusions. Chapter Five provides observations on the reviewed Maltese jurisprudence and a number of recommendations with the aim to increase legislative, judicial and social awareness towards gender equality in parenting. These are followed by the concluding remarks that in essence maintain that the issue of gender equality in parenting is subject to the parents' reluctance in acknowledging their equal rights and responsibilities in parenting.