Study-Unit Description

Study-Unit Description


CODE CVL4005

 
TITLE Child Law

 
UM LEVEL 04 - Years 4, 5 in Modular UG or PG Cert Course

 
MQF LEVEL 6

 
ECTS CREDITS 4

 
DEPARTMENT Civil Law

 
DESCRIPTION The study-unit Child Law sets out to explore the position and interpretation of children’s rights issues within the law. The opening session will analyse the United Nations Convention on the Rights of the Child and other relevant international instruments. A selection of topics will be identified by the students themselves and examined from a multi-disciplinary perspective while retaining a focus on child rights as human rights. This should contribute towards enabling students to attain an understanding of the subject at a practical level and equip them to view related concerns from an informed position. Attention will also be given to referencing and research methods as a precursor to dissertation writing. Attendance at lectures is deemed essential, as are active participation and preparation prior to attendance.

Each two-hour session will be led one team of students who will focus on one main area of study where their colleagues are expected to have read suggested texts and contribute to group discussion. The Commissioner for Children will be invited to the final session which will be dedicated to the sharing of project proposals for furthering the understanding of any chosen topic by specialised audiences or members of the public, particularly children. The outlines presented should then be developed and written up into assignment format.

Learning Outcomes

On completion of the study-unit students should:

- have enhanced their knowledge of selected topics in Child Law;
- be able to critically analyse related legal practice and court judgments;
- be able to apply comparative and contemporary legal developments to case studies set for their consideration;
- understand the specific importance of child rights within the more general terms of Human Rights Law;

As the study-unit is seminar based students will also improve their oral and written presentation skills which will contribute to their professional formation.

Reading List:

Legislation
Civil Code Chapter 16
COCP Chapter 12
Criminal Code Chapter 9
Children and Young Persons (Care Orders) Act - Chapter 285
Subsidiary Legislation 285.01
Children and Young Persons (Care Orders) Regulations
Legal Notice 49 of 1985, as amended by Legal Notices 43 of 1999 and 102 of 2005 Juvenile Court Act – Chapter 287
Refugees Act – Chapter 420
Foster Care Act - Chapter 491
Civil Code [Articles 113-130A] Subsidiary Legislation 16.04 + 16.05 Adoption Administration Act – Chapter 495 Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption (1993)
United Nations Convention on Rights of the Child
Child Commissioner Act Chapter 462
Child Abduction and Custody Act – Chapter 410
Legal Notice 209.209

Cases
Selected judgements of the Maltese Courts of Justice and the ECHR

General
Bainham A., Children:The Modern Law, Jordan pub., (3rd ed.) 2005

Farrugia R., 2004, Child Law, in Encyclopaedia of Social Studies and Humanities: Law edited by Schwabach A. and Cockfield A.J., Honorary Theme Editor(s),in Encyclopaedia of Life Support Systems (EOLSS), under auspices of UNESCO [http://www.eolss.net]

Fortin J., Children’s Rights and the Developing Law, Cambridge University Press, (2nd Ed.) 2005

Mair J., and Örücü E. (eds.), Juxtaposing Legal Systems and the Principles of European on Parental Responsibilities, 2009, Intersentia pub., [ISBN ISBN 978-90-5095-979-7]

[Farrugia R., Principles relating to Parental Responsibility and Authority in Malta, in Juxtaposing Legal Systems and the Principles of European on Parental Responsibilities, Mair J., and Örücü E. (eds.), 2009, Intersentia pub., [ISBN ISBN 978-90-5095-979-7]

NB: Detailed readings will be given out for each lecture.

Selected Readings

Besson S., Enforcing the Child’s Right to know Her Origins: Contrasting Approaches under the CRC and the ECHR, International Journal of Law, Policy and the Family Advance Access published online on April 17, 2007

Da´vila P. and Naya L., Education and the rights of the child in Europe, Prospects (2007) 37:357–367

Dyer C.,The Gillick Judgment, British Medical Journal, Volume 291 26 OCTOBER 1985

Farrugia R., 2007, Brussels II BIS - Its Impact and Application in EU Member States. BOELE-WOELKI, K. and GONZALEZ BEILFUSS, C. (eds), Malta Chapter, Intersentia pub. [ISBN 978-90-5095-644-4]

Lundberg S., Romich J., Tsang K., Decision-Making by Children, IZA DP No. 2952, July 2007

Farrugia R., Children’s Rights in Family Court Proceedings, in The UN Children’s Rights Convention: theory meets practice, ALEN A. et al (eds) Chapter VIII Children’s Rights and the Family, 2007, Intersentia pub. [ISBN 90-5095-640-8]

Farrugia R., “Child Rights Perspective on Family Friendly Policies” in Family Law – Balancing Interests and Pursuing Priorities, WARDLE L. (ed.), 2007, Hein and Co pub., [ISBN: 0-8377-3834-2]

Farrugia R., Child rights and state responsibility in determining “home”, 2009, Id-Dritt law journal, Vol. XX, 2009, pp 204-224, [ISBN -13:978-99932-0-759-7]

Francesconi M., Adult Outcomes for Children of Teenage Mothers
IZA DP No. 2778, May 2007

Jacobs M., Why Just Two? Disaggregating Traditional Parental Rights and Responsibilities to Recognize Multiple Parents, Legal Studies Research Paper Series, Research Paper No. 05 – 04, http://ssrn.com/abstract=1012333

Lind J., The best interest of the child as an argument in assessments of parent potential in Sweden, International Journal of Law, Policy and the Family, 2008

Littlechild B., Young offenders, punitive policies and the rights of children, Critical Social Policy 1997; 17; 73

Sankaran V., Perpetuating the Impermanence of Foster Children: A Critical Analysis of Efforts to Reform the Interstate Compact on the Placement of Children, 40 FAM. L.Q. 435 (2006)

United Nations General Assembly, Promotion and protection of the rights of children, A/C.3/63/L.16/Rev.1, 2008

van Krieken R., The ‘Best Interests of the Child’ and Parental Separation: on the ‘Civilizing of Parents’, The Modern Law Review, (2005) 68(1) MLR 25^48

 
ADDITIONAL NOTES Students taking this study-unit need to have a background in law.

 
STUDY-UNIT TYPE Lecture and Seminar

 
METHOD OF ASSESSMENT
Assessment Component/s Assessment Due Sept. Asst Session Weighting
Presentation SEM1 No 20%
Research Paper SEM1 No 80%

 
LECTURER/S Mary Muscat

 

 
The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints.
Units not attracting a sufficient number of registrations may be withdrawn without notice.
It should be noted that all the information in the description above applies to study-units available during the academic year 2023/4. It may be subject to change in subsequent years.

https://www.um.edu.mt/course/studyunit