No Way, José: Malta’s Name Ban Faces Legal Challenge

Imagine trying to register your child’s name, only to be told it’s ‘too foreign’. This is the reality facing some Maltese parents, thanks to a little-known law that’s suddenly causing a big stir. The Public Registry Act, dating back to 1964, prohibits names containing letters not found in the Maltese alphabet. But in today’s multicultural Malta, is this law still fit for purpose?

From José to Jasmine: Names in the Crosshairs

Take the case of José and Maria, a Maltese couple who wanted to name their son José. They were met with resistance from the Public Registry, citing the very law that’s now under scrutiny. Or consider Jasmine, a name that’s been rejected for its use of the letter ‘j’, not found in the Maltese alphabet. These are not isolated incidents, but part of a growing trend that’s sparking outrage and legal threats.

Malta’s unique blend of cultures has led to an increase in ‘foreign’ names. Yet, the law remains unchanged, leaving parents bewildered and frustrated. “It’s ridiculous,” says Maria, José’s mother. “Our son is Maltese, but his name is being denied because of some outdated law?”

Legal Challenge Mounts

A legal challenge is now brewing, led by Dr. Marlene Arpa-Demajo, a lawyer who specializes in human rights. She argues that the law violates fundamental rights, including the right to a private and family life, guaranteed by the European Convention on Human Rights. “This law is discriminatory and goes against the very essence of Malta’s multicultural society,” she asserts.

Dr. Arpa-Demajo is not alone in her stance. The Malta Human Rights Commission has also weighed in, stating that the law may indeed infringe upon individuals’ rights. The Commission has called for a review of the law, echoing the sentiments of many Maltese.

Parliament Steps In

Parliament has taken note of the controversy, with Opposition MP Jason Azzopardi tabling a private member’s bill to amend the Public Registry Act. His bill proposes to allow names containing letters not found in the Maltese alphabet, provided they’re not contrary to public policy or morality. “This law is a relic of the past,” says Azzopardi. “It’s time we bring our legislation into the 21st century.”

The government, meanwhile, has remained tight-lipped on the issue, stating only that it will study the matter. But with the legal challenge mounting and public opinion firmly against the law, change seems inevitable.

So, what does the future hold for José and Jasmine? . But one thing’s for sure – the battle over names is far from over. As Dr. Arpa-Demajo puts it, “We’re fighting for more than just a name. We’re fighting for the right to be who we are, in all our diversity.”