Issue link: https://maltatoday.uberflip.com/i/1116643
maltatoday | WEDNESDAY • 15 MAY 2019 3 NEWS 1. For more information on this research, please visit www.pregnacare.com/mostrecommended. 2. Based on a survey of 1000 midwives. * UK's No.1 pregnancy supplement brand. Nielsen GB ScanTrack Total Coverage Unit Sales 52 w/e 8 Sept 2018. * With you every step of the way More than just folic acid Most trusted by mums 1 Most recommended by midwives 1,2 The ONLY vitamin company to twice receive The Queen's Award For Innovation www.pregnacare.com EXCLUSIVELY DISTRIBUTED BY CHEMIMART TEL: 21492212 CONTINUED FROM PAGE 1 The European Socialists' manifesto states that the group wants "a binding EU Gender Equal- ity Strategy, through which we will continue to lead the fight to end the pay and pensions gaps, combat sexual harassment and gender-based vi- olence, and ensure that every individual has ac- cess to their full sexual and reproductive rights." The PN is now making the defence of the right to life and abortion a key plank of its MEP elec- tion campaign. Delia compared the effect of European case- law on Maltese law with the decisions of the European Court of Human Rights – the court set up by the Council of Europe, but not the EU's Court of Justice – on Maltese rental laws, as proof that it would be possible that the same happens on abortion. "Maltese law for example, which has been around for years, was not enough for people who own property to evict their tenants, even though we have a right to make use of our property," Delia said. "But you can go to Europe, request that fundamental right, and that will then be im- posed on Maltese law because it will say that our laws weren't in line with European rights." The PN leader brushed off suggestions that the PN's focus on abortion indicated a lack of ideas, stressing again that every vote for the socialists was "a step closer to it becoming a right across the whole of the EU." Which European court? It remains unclear which European court De- lia was referring to. However there have been a number of instances were cases related to Mal- tese property law have been referred to the Eu- ropean Court of Human Rights, of Strasbourg. The ECHR has on a number of occasions found that the provisions of Maltese law breached the fundamental rights of individuals when it comes to property rights. However, while it has repeatedly pointed out as the law created the "systemic violation of the right to property" it remained up to the Maltese parliament to pass legislation to address this. Similarly on abortion, it is true that the ECHR recognises that this should be left up to the respective member state. In fact, the ECHR's Guide on Article 2 – that every person has the right to life – states that, "the court, having re- gard to the absence of any European consensus on the scientific and legal definition of the be- ginning of life, held that the issue of when the right to life begins comes within the margin of appreciation which it generally considers that States should enjoy in this sphere". Furthermore, the ECHR is established by the European Convention on Human Rights, an instrument of the Council of Europe and 'un- related' to the EU's institutions: the Council of Europe is made up of 47 member states, unlike the EU which currently has 28 members. The other European court whose decisions Malta is obliged to apply is the European Court of Justice, the European Union's supreme court tasked with interpreting EU law. Given that the EU's primary constitutional sources are the Treaty on European Union and the Treaty on the Functioning of the Europe- an Union, any changes that could bring about an obligation to for Malta to legalise abortion would require calling a European convention, composed of national governments, national MPs, MEPs and representatives of the European Commission. Any changes would need to go to an Inter- governmental Conference, which approves the treaty, and which is then signed by all the na- tional leaders and ratified by each state. MATTHEW AGIUS THE captain of a ship used to rescue stranded immigrants at sea has been fined €10,000 over a registration irregular- ity. Claus Peter Reisch, the Ger- man captain of the vessel MV Lifeline has described the decision, in which he was also acquitted of the second charge: of operating a com- mercial vessel without the necessary licence as "scandal- ous". His lawyers said they were studying the decision with a view to filing an appeal. Reisch told reporters outside the court that now every vessel registered under the Dutch flag would have to check whether or not they were in violation of their registration. Magistrate Joe Mifsud, presid- ing the case, stressed that the court always held the protection of life in the highest esteem. He also observed that there were attempts to sway public opinion during the case, commenting that "we ended up with a sitting in court and another outside the court in the form of a press conference held by the defence, which has no weight in the de- ciding of this case." The court commented that it was "shocked at the racism, intolerance and animosity" di- rected towards migrants on the internet, appealing to the Maltese to once again find their traditional values of hospitality. The court did not uphold the request for the confiscation of the vessel, but the vessel will not be released until any eventual appeal is decided. Lawyers Cedric Mifsud and Neil Falzon appeared for the captain. Lifeline captain fined €10,000 over irregular ship registration MV Lifeline captain Claus-Peter Reisch PN making abortion a key battlecry in its election campaign Adrian Delia