Criminal liability of children’s guardians who fail to protect their child

Abstract

This term paper examines the criminal liability of parents who fail to protect their children. The law binds parents and guardians with a legal duty towards their children to protect and care for them. This legal duty is clearly not abided to when parents abuse their children, both through acts of commission and through lack of action, otherwise known as by omission. In fact, this paper also aims to answer the question regarding whether or not a parent who does not directly commit abusive acts on their child but allows other people to do so should be held criminally liable. This term paper studies the instances in the Maltese criminal law where parents are held criminally liable for ill-treating, abusing or defiling their children. The intention of the legislator to award protection to children through legal provisions can be seen throughout the research. In order to examine how this protection is being awarded and whether it is effectively protecting children, this term paper also examines aspects of child protection law in Malta and looks at how criminal law and child protection law work hand in hand. Child abuse has been a prevailing issue in society for a number of years, ever since children’s rights have been given the importance that they deserve. However, it is crucial that one does not simply look at child abuse from a criminal aspect, because although abusers must be punished for their actions, it is the victim children who must be given paramount importance in such situations. Hence, this term paper observes the instances where parents are held criminally liable in cases where fail to protect their children from abuse but also analyses whether this criminal liability is effective in protecting children from abuse and from its aftermath.