A comparative study between the ‘Children and Young Persons (Care Orders) Act’ and the ‘Minor Protection (Alternative Care) Act’ with a focus on the right to participation of the children in regard to the present and future of Maltese care order legislation

Abstract

The issuing of a child protection order is an extreme measure, one granted only when the child is neglected, abused or receiving a standard of care below that which any child deserves. By way of these circumstances, the child is taken into the care and custody of the State with the parents of the child losing their parental authority. With the child being the subject of a protection order, and his or her best interests being at the heart of the matter of such an extreme measure, it is vital that the child is afforded the right to participate in the decision making processes which in turn will highly affect his or her childhood.The United Nations Convention on the Rights of the Child safeguards this right and it is important to evaluate to what extent current and proposed Maltese care order legislation will in fact implement the right to participation.This term paper aims to evaluate the Children and Young Persons (Care Order) Act, Chapter 285 of the Laws of Malta together with its subsidiary legislation, to determine whether the procedures currently in place do in fact allow for the right to participation, as defined by the United Nations Convention on the Rights of the Child. In light of this determination, this term paper shall evaluate the proposed Minor Protection (Alternative Care) Act, 2018 in the same manner and as a result a comparison can be made.