Dr.Dianne Galea | University of Malta (original) (raw)
Dianne Galea has obtained the Doctor of Laws from University of Malta and is a Warranted Lawyer. For the past 7 years she has worked at the Ministry of Family ,Children's Rights and Social Solidarity holding the position of Director GDPR,PSP and Legal Issues within the Foundation for Social Welfare Services. She is the Chairperson for the Fostering Board and an Electoral Commissioner, She is the mother of a 24 year old lawyer and a twelve year old.
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University of the Basque Country, Euskal Herriko Unibertsitatea
CSIC (Consejo Superior de Investigaciones Científicas-Spanish National Research Council)
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Papers by Dr.Dianne Galea
ABSTRACT The study of genetics and the finding of the mapping of the human genome by 2003 have le... more ABSTRACT
The study of genetics and the finding of the mapping of the human genome by 2003 have led to a ‘genetic’ era. This has affected not only the health sector but it also proved to be an indispensable tool for the delivery of justice. The increase in the scientific knowledge has inspired governments, scientists and researchers to continue in the collection of samples and their storage, thus creating ever growing bio banks and DNA databases. The use of these databases in the delivery of justice has thus increased and has raised many challenges while also making felt the need for regularisation and legislation in this regard.
The criminal investigation commences by the collection of biological evidence at the crime scene. As Locard opines, anyone who is present in a place leaves a trace behind thus analyses of the samples follows. The DNA profile produced out of the evidence gathered is than compared to other DNA profiles stored in the forensic DNA database. The legal argument raised is whose DNA should be in a DNA database? This is highly debatable. Some theorists suggest that all the population of a state should be profiled so evidence collected at a scene of crime can be easily matched. Others argue that only, DNA profiles from crime scenes, suspects and convicted criminals should figure in a DNA database. Both have their pros and cons however most legal argumentation centres on the human rights at stake.
The author is hypothesising that there is a lacuna in the Maltese legislation when it comes to a definition of forensic DNA databases and also there is no specific legislation that regulates the on-going practice of collecting evidence in the process of the criminal investigation by the police force.
Key words: Forensic DNA databases, Criminal Investigation, DNA profiles, Legal Argumentation, Maltese Legislation
The level and nature of the participation of children with disabilities in decision making may va... more The level and nature of the participation of children with disabilities in decision making may vary according to the disability or even the environment these children may find themselves in. In certain cases, participation can simply mean being present and in other cases, participation is fully fledged and includes being involved and consulted in the actual decision process. Many foreign countries are doing their utmost to cater for inclusive societies and full participation of children with disabilities in decision making. However there are also a number of countries which still face many barriers. The barriers to active and full participation in communication and consultation for children with an intellectual disability generally are accessing information, the support needed to attend at certain venues, transport and financial means to pay the relevant costs. The child's age and maturity level is also used as a barrier sometimes but in real fact if one has the adequate skills and resources needed these may be overcome too. When children with disabilities are allowed to participate in decision making, they will no longer be seen as voiceless beings but full participants of a society in which they can contribute like everyone else to make our little island even more efficient and productive.
Statistics can tell us much about society as long as we can distinguish between useful and less u... more Statistics can tell us much about society as long as we can distinguish between useful and less useful ones. Discuss using examples to illustrate your arguments.
The distinction between the substantive and formal rationalization; in regard to legislation (law... more The distinction between the substantive and formal rationalization; in regard to legislation (law making) and judication (law finding).
In The last decade of the twentieth century most of the population has moved from rural villages ... more In The last decade of the twentieth century most of the population has moved from rural villages to urban cities. No longer towns and cities are exceptional settlement forms in predominantly rural societies but the world has become an urban place. Whether through choice or compulsion people live in close horizontal or vertical proximity and at very high densities. They seem to prefer or are forced to accept concentration rather than dispersal.
ABSTRACT The study of genetics and the finding of the mapping of the human genome by 2003 have le... more ABSTRACT
The study of genetics and the finding of the mapping of the human genome by 2003 have led to a ‘genetic’ era. This has affected not only the health sector but it also proved to be an indispensable tool for the delivery of justice. The increase in the scientific knowledge has inspired governments, scientists and researchers to continue in the collection of samples and their storage, thus creating ever growing bio banks and DNA databases. The use of these databases in the delivery of justice has thus increased and has raised many challenges while also making felt the need for regularisation and legislation in this regard.
The criminal investigation commences by the collection of biological evidence at the crime scene. As Locard opines, anyone who is present in a place leaves a trace behind thus analyses of the samples follows. The DNA profile produced out of the evidence gathered is than compared to other DNA profiles stored in the forensic DNA database. The legal argument raised is whose DNA should be in a DNA database? This is highly debatable. Some theorists suggest that all the population of a state should be profiled so evidence collected at a scene of crime can be easily matched. Others argue that only, DNA profiles from crime scenes, suspects and convicted criminals should figure in a DNA database. Both have their pros and cons however most legal argumentation centres on the human rights at stake.
The author is hypothesising that there is a lacuna in the Maltese legislation when it comes to a definition of forensic DNA databases and also there is no specific legislation that regulates the on-going practice of collecting evidence in the process of the criminal investigation by the police force.
Key words: Forensic DNA databases, Criminal Investigation, DNA profiles, Legal Argumentation, Maltese Legislation
The level and nature of the participation of children with disabilities in decision making may va... more The level and nature of the participation of children with disabilities in decision making may vary according to the disability or even the environment these children may find themselves in. In certain cases, participation can simply mean being present and in other cases, participation is fully fledged and includes being involved and consulted in the actual decision process. Many foreign countries are doing their utmost to cater for inclusive societies and full participation of children with disabilities in decision making. However there are also a number of countries which still face many barriers. The barriers to active and full participation in communication and consultation for children with an intellectual disability generally are accessing information, the support needed to attend at certain venues, transport and financial means to pay the relevant costs. The child's age and maturity level is also used as a barrier sometimes but in real fact if one has the adequate skills and resources needed these may be overcome too. When children with disabilities are allowed to participate in decision making, they will no longer be seen as voiceless beings but full participants of a society in which they can contribute like everyone else to make our little island even more efficient and productive.
Statistics can tell us much about society as long as we can distinguish between useful and less u... more Statistics can tell us much about society as long as we can distinguish between useful and less useful ones. Discuss using examples to illustrate your arguments.
The distinction between the substantive and formal rationalization; in regard to legislation (law... more The distinction between the substantive and formal rationalization; in regard to legislation (law making) and judication (law finding).
In The last decade of the twentieth century most of the population has moved from rural villages ... more In The last decade of the twentieth century most of the population has moved from rural villages to urban cities. No longer towns and cities are exceptional settlement forms in predominantly rural societies but the world has become an urban place. Whether through choice or compulsion people live in close horizontal or vertical proximity and at very high densities. They seem to prefer or are forced to accept concentration rather than dispersal.