Date of article: 01/07/2025
Daily News of: 01/07/2025
Country:
Malta
Author: National Ombudsman of Malta
Article language: en
The Commissioner for Education within the Office of the Ombudsman, Chief Justice Emeritus Vincent De Gaetano, was invited by Pepperdine University’s Benjamin Caruso School of Law to deliver a short presentation during the 2025 Religious Freedom Conference held at the Château d’Hauteville in Vevey, Switzerland, between the 11th and 13th June. The international event brought together legal scholars, jurists, practitioners, and human rights advocates to discuss contemporary issues and challenges surrounding religious freedom mainly in the United States and in Europe.
Chief Justice De Gaetano participated in the Friday morning plenary session titled "Antisemitism and Higher Education: Concerns and Challenges." In his presentation, he reflected on his initial surprise at the invitation, believing that antisemitism was largely under control in Europe due to strong legal protections like the European Convention on Human Rights (ECHR). However, he acknowledged more recent reports by the Council of Europe highlighting rising antisemitic narratives -- particularly in connection with conspiracy theories, the war in Ukraine, and wider geopolitical tensions.
Drawing on a number of legal and philosophical sources, including Deuteronomy, Shakespeare’s The Merchant of Venice, and St Augustine, the Commissioner referred to the role of education, especially at the compulsory level, in cultivating a proper understanding of human dignity. He questioned whether antisemitism and other forms of hate speech in higher education warrant special legislative responses or whether such issues are better addressed through a robust, principled application of general human rights law.
The Commissioner cautioned against hasty administrative or legislative measures that may erode the rule of law, noting that such responses can often exacerbate the problem rather than mitigate it. He concluded by emphasising the foundational importance of justice, human dignity, and the responsible use of democratic tools to combat discrimination in all its forms.
The full text of the Commissioner’s presentation can be downloaded below.