Editorial

The rights of the child are enshrined in the Convention on the Rights of the Child adopted by the United Nations' General Assembly, 1989 and signed and ratified by Malta in 1990.

This convention emphasises several issues, including the child's right to life, the right to seek and receive information, the right of expression of views relating to all matters affecting it, including the right to privacy.

It also emphasises the role of parents and their primary responsibility for the upbringing and development of the child, according to its best interests. It seeks to protect the child from physical and mental violence. The right of children with disability to enjoy a full and decent life and the duties of the state to provide adequate health services, including pre-natal, post-natal and access to health services for all children, are also essential issues covered by the convention. This is particularly the case for children placed in care because of physical or mental health problems.

The convention seeks to ensure adequate standards of living and education. Interestingly, it also emphasises the right of the child to have adequate rest and leisure and it seeks to protect children from exploitation, including sexual exploitation, and involvement in child labour or traffic of narcotic drugs.

What, one might ask, is the need for another law to provide for the appointment of a Commissioner for Children? The objects of the law are "to establish the office of the Commissioner for Children to ensure the promotion of the welfare of children and to promote the compliance with the United Nations' Convention on the Rights of the Child as ratified by Malta and such other international treaties, conventions or agreements relating to children as are or may be ratified or otherwise acceded to by Malta".

Essentially therefore, this law establishes the post of commissioner whose job it is to ensure that the aims of the convention are followed and any breaches are dealt with.

The commissioner is expected, among others, to promote and advocate for the rights and interests of children, protect them from physical or mental harm, neglect and sexual abuse or exploitation, and ensure that the rights and interests of children are taken into account by governmental and other organisations.

This law also sets up a Council for Children, made up of representatives of the various ministries (health, education, home affairs, justice) as well as seven other co-opted members who can best represent children's interests and rights.

Expressly excluded from the powers of the commissioner are investigations concerning specific, individual conflicts between a child and the parents or guardians, relating to parental responsibility. These issues are expected to fall within the competence of the courts of law.

There is no doubt that our concepts relating to children's rights have undergone a quiet revolution from the time when children were considered to be better seen than heard to a situation now where their views may, at times, have precedence over those of their parents.

Children do not suddenly become adults on a day specified by law but acquire rights increasingly as they mature. This aspect needs to be emphasised within our society and parents may need to be re-educated to accept it.