Dr. Jeanise Dalli
Dr. Jeanise Dalli
Ph. D. student (Scholarship holder 05/2016-04/2018)
Phone: ++345 55 24170
E-mail: jeanise.dalli@scm.uni-halle.de
Projekt: Legal and Medical Approaches to Genital Modifications and Implications for Human Rights (Working title)
Overview
Legal and Medical Approaches to Genital Modifications and Implications for Human Rights (Working title)
This research project builds upon the empirical findings from a socio-legal study on the regulatory approach, adopted by legislators and policy-makers in Malta, for prosecuting traditional body practices involving modifications to the female genitalia – today, widely known as, ‘Female Genital Mutilation’ (FGM). This study delved into the advantages and disadvantages of criminalisation as a regulatory strategy to address this phenomenon and it also analysed the text of the Maltese provision on FGM in the Criminal Code of Malta. A comparison was also conducted between the Maltese criminal provision and the applicable criminal provisions in Italy, the UK, France, Canada and the US (Federal law). (See LL.D. thesis below).
This project focuses on legal and medical approaches towards genital modifications, keeping FGM as the main empirical case-study. It seeks to explore the interplay between legal and medical standpoints on FGM and other forms of genital modifications performed for (i) cultural and/or religious reasons (notably, male circumcision), (ii) for cosmetic reasons and (iii) for psychological reasons (such as, sex assignment and re-assignment). Particular attention is paid to the fact that these body interventions directly impinge upon the religious, cultural and moral values and beliefs of a number of minorities and call into question the notions of personhood, identity and relative rights.
The aims of this project are two-fold: firstly, to try to understand how these legal and medical approaches – which largely constitute the mode by which genital interventions are governed - are shaping or reshaping legal standpoints on personhood and identity, which lie at the core of Fundamental Human Rights (FHR) and their interpretation; secondly to analyse the implications of these standpoints for FHR, particularly for the right to privacy and family life and the right to freedom of thought, conscience and religion, as enshrined in a plethora of international and regional FHR legal instruments. Ultimately, it is hoped to answer how the notions and the scope of ‘state autonomy’ and ‘physical autonomy’ should be defined and how – if possible- a fair balance may be struck between the protection of the FHR of the majority and the minority when these come in conflict; thereby trying to ensure as much as possible that legislation and other regulatory measures do produce any antithetical effects. Similar to the abovementioned study, this project takes a socio-legal approach in that apart from analysing the relevant applicable legislation at the international and regional level, as well FHR discourse and leading judgements of supranational and select domestic courts on body practices and relative rights, it also seeks to explore the experience of the law at the grass-root level. In the latter respect, the island-state of Malta provides an interesting site for investigation, particularly in a time and in a society undergoing rapid demographic changes – mainly characterised by a ‘migration crisis’ and changing family structures.
Education and Professional Experience
- May 2016- Present: PhD Candidate at the Faculty of Laws and scholarship-holder and researcher at ‘Society and Culture in Motion Research Cluster’, Martin Luther University, Halle (Saale), Germany;
- June 2016- Present: Volunteer legal adviser at Migrant Woman Association, Malta
- September 2016: Warrant issued by the President of the Republic of Malta to practise the profession of Advocacy in Malta;
- January- March 2016: Joint expert on Maltese asylum law in an English court case heard before the Immigration and Asylum Chamber, Upper Tribunal in London;
- October 2013- March 2016: Legal practice mainly in Asylum Law and Family Law within two different law firms in Malta and assisted associate lawyers in civil and criminal litigation matters in the Laws Courts of Malta;
- December 2015: Doctor of Laws (LL.D), University of Malta. Thesis: “Regulating Female Genital ‘Mutilation’ in Malta”, written under the supervision of Dr David E. Zammit LL.D. Ph.D. (Legal Anthropology, Dunelm) and Dr Maria Pisani BA, MA (Youth & Community Studies, Malta) Ph.D. (Adult Education, Malta); awarded with distinction;
- December 2013: Post-graduate Diploma of Notary Public, University of Malta;
- December 2012: Bachelor of Laws with Philosophy Degree (Second Class Honours- Upper Division).
Presentations and other Academic Contributions
- Speaker at the Human Rights Conference (Theme: ‘Advocating for Human Rights’), 15th December 2017, organised by the Human Rights Programme of the University of Malta in collaboration with the President’s Foundation for the Wellbeing of Society, University of Malta, Valletta Campus, Malta. Presentation Title: ‘Advocating for Body Rights on Behalf of Migrant Women: Investigating the Case of Female Genital Mutilation in Malta and the New Challenges for Decision-Makers and Health-care Providers’;
- Participant at the Third experience-sharing meeting (roundtable) on “Female genital mutilation: estimating the girls at risk”, 6th December 2017, organised by the European Institute for Gender Equality, Brussels, Belgium;
- Speaker at the International Conference on Gender Studies, 1st July 2017, organised by Interdisciplinary Research Foundation and London Centre for Interdisciplinary Research, Warsaw, Poland. Presentation Title: ‘The Regulation of Gender and Bodily Practices in Malta: Investigating the Legal and Social Challenges underlying FGM and Transgender Legislation’;
- Speaker at the Workshop for Inter-disciplinary Researchers, 19-20th May 2017, organised by Berlin Working Group on Socio-legal Studies, Protestant University of Applied Sciences, Berlin, Law & Society Institute, Berlin and Berlin Social Science Centre, at the Protestant University of Applied Sciences, Berlin. Presentation Title: ‘Regulating Bodily Practices in a Pluralistic Society: The Case of Malta’;
- Speaker at the ‘Talking Lips-Conference as a follow up of the entry into force of the anti-FGM legislation in Malta’, organised by Malta Girl Guides, April 2016, Saint James Cavalier, Valletta, Malta. Presentation Title: ‘Regulating Female Genital ‘Mutilation’ in Malta’;
- Rapporteur at a roundtable on the ‘Legal and Social Issues facing Cross-Cultural Couples in Malta, February 2016, organised by The President’s Foundation for the Wellbeing of Society, University of Malta, Valletta Campus, Malta;
- Lecture to students reading for Masters in Bio-Ethics, November 2015, University of Malta, Msida Campus, Malta. Lecture title: ‘Female Genital Mutilation: Analysing Regulation from a bioethical perspective’;
- Speaker at the Child Law Conference, January 2014, organised by the Department of Civil Law, Faculty of Laws, University of Malta, Msida Campus, Malta. Presentation Title: ‘The Participation of Children seeking asylum within the Maltese asylum process’;
- Speaker at the Child Law Conference, February 2014, organised by the University of Malta in collaboration with the Ministry for Family and Social Solidarity in Malta, at the Ministry for Family and Social Solidarity, Valletta, Malta. Presentation Title: ‘The Participation of Children seeking asylum within the Maltese asylum process’;
- Children’s Rights Moot Court Competition, November 2014, Leiden Law School, The Netherlands, organised by Leiden University and UNICEF in commemoration of the 25th anniversary of the UN Convention on the Rights of the Child – Honourable Mention Award
- Legal Rapporteur on Maltese Legislation and sub-editor for GĦSL Online Law Journal, Għaqda Studenti tal-Liġi (University of Malta Association of Law Students), University of Malta, 2014.
Publications
- ‘Advocating for Body Rights on Behalf of Migrant Women: Investigating the Case of Female Genital Mutilation in Malta and the New Challenges for Decision-Makers and Health-care Providers’, in the upcoming issue of the Mediterranean Journal of Human Rights, published by the Faculty of Laws of the University of Malta and the Foundation for International Studies – publication volume post-Human Rights Conference 2017, University of Malta (forthcoming);
- ‘The Asylum Seeker’ in Dictionary of Legal Statues within European Union Law, Springer International Law Programme (forthcoming);
- ‘An Analysis of the Maltese Criminal Law on Female Genital Mutilation and Reflections on Potential Legal and Social Consequences thereof within the Maltese Jurisdiction’, Id-Dritt law journal, 2018 issue, published by the University of Malta Association of Law Students (GĦSL) (forthcoming);
- “Regulating Female Genital ‘Mutilation’ in Malta”, Jeanise Bonnici, LL.D. Thesis, University of Malta 2015, accessible from the University of Malta library website: http://www.um.edu.mt/library
Academic experiences abroad
Honourable Mention Award: Children’s Rights Moot Court Competition, Leiden Law School, The Netherlands, organised by Leiden University and UNICEF in commemoration of the 25th anniversary of the UN Convention on the Rights of the Child (November 2014)
Languages
Maltese: Native speaker
English: quite proficient: Part-time English Language teacher in two different English Language schools in Malta between 6/2012 and 9/2015
French: Understanding (quite advanced); speaking (Intermediate)
Italian: Understanding (well advanced); speaking (Intermediate)
Research Interests
Migration and asylum, body rights and practices, gender and sexuality, family law, Human Rights and cultural and religious conflicts