Definition of ‘the child’ under Maltese law

Abstract

The United Nations Convention on the Rights of the Child defines the child as every human being below the age of eighteen years. Likewise, the Maltese Civil Code defines the minor as any person who has not yet attained the age of eighteen years. This definition is nonetheless inconsistent throughout the domestic Corpus Juris, resulting in various lacunae in interpretation. This thesis engages into an examination of the various definitions and references to the term ‘child’ throughout Maltese legislation, seeking to elucidate the various meanings contemplated by the legislator. Since the definitions enunciated are inconsistent and at times contradictory, the study seeks to determine whether it is ultimately in the best interests of the individual child to establish a uniform definition. The author also evaluates the various definitions as expressed or inferred by the Maltese legislator vis-à-vis the other rights of the child, in an attempt to establish whether the given definition effectively promotes the child’s protection, well-being and best interests. Chapter 1 examines the fundamental concept of the legal definition in relation to the evolving notion of childhood and the development of the legal status of the child. Chapter 2 assesses the child’s position in family proceedings. Chapter 3 studies the child’s civil rights and obligations and examines the status and rights of the child in relation to acts of civil life. Chapter 4 discusses the child’s status in criminal proceedings, criminal responsibility and position in juvenile justice. Chapter 5 examines the definition in relation to the child’s right to health and education and other protective measures. Ultimately, the author puts forward a number of conclusions and recommendations in an attempt to encourage the establishment of a harmonious definition throughout Maltese legislation.