The child’s right to be heard in criminal judicial proceedings

Abstract

This dissertation examines the extent to which the child’s right to be heard is effectively protected within criminal judicial proceedings, with particular focus on Malta and European Union Member States. It traces the evolution of children’s rights from a traditionally protective approach to one recognising children as rights-holders entitled to participate in decisions affecting them. Central to this development is Article 12 of the United Nations Convention on the Rights of the Child, which affirms the child’s right to express views freely and to have those views given due weight in accordance with age and maturity. The research analyses the application of this principle in criminal proceedings, where children may be involved as victims, witnesses or accused persons. It considers the relationship between the participatory rights and broader guarantees, including the right to a fair trial and the best interests of the child. Within the European Union, the study reveals that despite the introduction of a variety of child-oriented measures, such as specialised interviewing methods, procedural safeguards and targeted professional training, the application of these standards remains uneven across Member States. Persistent practical obstacles, including delays in proceedings, repeated questioning and unequal access to specialised support services, continue to impede the consistent and effective realisation of the child’s right to be heard in criminal judicial proceedings. Moreover, the study demonstrates that in Malta, although the legal framework formally enshrines the child’s right to be heard within criminal proceedings, and provides for certain procedural protections, its implementation in practice lacks consistency. While recent developments and initiatives reflect a strengthened commitment to participation rights, certain limitations remain. Thus, the protection of the child’s right to be heard within the Maltese legal system can be characterised as only partially effective in practice.