A child’s right to be heard under Maltese law

Abstract

In the past, children were regarded as passive subjects in decisions affecting them, especially in judicial proceedings, due to the misconception that children are unreliable and inconsistent beings. Undoubtedly, children’s rights have been given increased attention over the past few decades due to the continuous efforts at International and European level. The main contributor influencing such accomplishments is the United Nations Convention on the Rights of the Child, to which Malta is a signatory. Whilst incorporating various rights, the Convention has at its heart, and as one of its main principles the right to respect children’s views. Unfortunately, the provision establishing the child’s right to be heard, Article 12 of the United Nations Convention on the Rights of the Child, is considered as one of the most challenging to implement into municipal law. An examination of many statutes under Maltese law, including but not limited to, the Civil Code, the Criminal Code, as well as the newly enacted Minors Protection (Alternative Care) Act, reveals that the child’s right to be heard is scattered throughout municipal law. Article 12 of the United Nations Convention on the Rights of the Child, confers on every child the right to be heard and taken seriously. In doing so, the said Convention lays down certain minimum standards to which all State Parties must adhere, while giving State Parties some leeway in implementing this right. The purpose of this term paper is therefore to examine whether Maltese law, in various areas of law, meets the minimum standards set out in Article 12 of the United Nations Convention on the Rights of the Child. This was has been achieved through a thorough analysis of statute, jurisprudence, and official documentation. Whilst acknowledging that great efforts have already been made to incorporate the child’s right to be heard into municipal law, the author concludes that much remains to be accomplished to truly declare that Malta has met the minimum standards as established by Article 12 of the United Nations Convention on the Rights of the Child.