Please use this identifier to cite or link to this item: https://www.um.edu.mt/library/oar/handle/123456789/16800
Title: Child participation in the issuing of child protection orders in Malta
Authors: Caruana, Claire
Keywords: Children -- Legal status, laws, etc. -- Malta
Children's rights -- Malta
Domestic relations -- Malta
Children (International law)
Child welfare -- Malta
Issue Date: 2016
Abstract: The issuing of child protection orders is an extreme measure taken when a child is neglected, abused, or otherwise afforded a lower standard of care than that which the child deserves. A child protection order provides the State with an exception to its obligation to observe the right to privacy and family life of the individual, granting the State the possibility to intervene, thereby having the child removed from the parental authority of his or her parents, and taken into the care and custody of the State. The tremendous impact which such a process would have on the child’s life recalls the right of the child to participate in decision-making processes which affect him, which right is safeguarded most prominently by the United Nations Convention on the Rights of the Child. The extent to which it would be possible for a child to participate, however, is particularly restricted by the child’s capacity and willingness to participate. In consideration of the above, this thesis primarily identifies and examines thoroughly three core elements: the right to participation of the child; parental authority and its implications under Maltese law; and State intervention in the best interests of the child. These three elements are then merged, and a detailed study is undertaken to examine the degree with which Maltese legislation currently in force protects the right of the child to participate in the process for the issuing of child protection orders. In 2013, it was decided that this area of the law would benefit substantially from a legislative overhaul. The Draft Child Protection Act (Out of Home Care) became part of the Parliament agenda in 2014, outlining a system influenced by and designed on the basis of recommendations advanced by interested parties during a number of Consultation Sessions, including children under a protection order themselves. Therefore, whilst acknowledging the fact that amendments are, at time of writing of this thesis, being made to the Draft Act, the proposed system is analysed and the principles lying at its foundations are identified. Ultimately, what results from this thesis are a number of recommendations for strengthened child participation in the process for the issuing of child protection orders, a combination of the constructive proposals enshrined in the Draft Act and the author’s own.
Description: LL.D.
URI: https://www.um.edu.mt/library/oar//handle/123456789/16800
Appears in Collections:Dissertations - FacLaw - 2016
Dissertations - FacLawCiv - 2016

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