A learning process

World Children's Day, today, commemorates the anniversary of the 1989 United Nations Convention on the Rights of the Child. In this respect, it is significant that since December of last year, for the very first time, children and young persons in Malta have their own Children's Commissioner, Sonia Camilleri.

It is the Commissioner's duty to promote the rights and interests of children as set forth in the 1989 Convention and to monitor their implementation. The UN Convention recognises a large number of rights many of which concentrate heavily on protection.

However, article 12 requires states to "assure to the child who is capable of forming his or her own views the right to express those views freely, in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child". In fact, the main novelty of this Convention when compared to previous declarations on children's rights, is the conceptualisation of the child's right to participation. The participatory rights enunciated in the Convention are further significant because they recognise the status of the child as a human being with integrity and dignity and with the ability to participate in society.

In Malta, the duties of parents and of the state to ensure the welfare and protection of children have long been recognised although we cannot be complacent in this respect. However, we still have a long way to go before we can say that we have fully recognised the implications of children's participatory rights. One of the reasons for this is a misunderstanding of the practical meaning of children's right to participation. It is precisely to this misunderstanding that I am addressing this article for some have voiced concerns about the manner in which this right is being translated into the active participation of children in the decision-making processes within the Commissioner for Children's office.

For this reason I will not touch upon the meaning of children's participation in individual cases such as those encountered within the judicial or the administrative processes. I will only make reference to how participation is a guiding value that underlies the Commissioner for Children's commitment to ensuring that each individual right is insured and respected. Recognition of participatory rights does not imply a radical change in the way we conceptualise childhood and a child's place in society.

It simply means that we make space for the meaningful participation of children wherever this is possible and forthcoming in a world that has sometimes been constructed as erring on the side of being too adult-centred. For example, a positive step in this direction was taken by the department of education with the "Democracy in schools" initiative that provides for the setting up of students' councils and class committees in schools. The right of the child to be heard and to have his or her views or opinions taken into account is taken seriously by the office of the Commissioner for Children that maintains direct contact with children and encourages the active participation of children in its work.

On a day-to-day level, children have been involved in activities such as the choice of a logo for the Commissioner's office. At the strategic level, three children are members of the children's council which is the legally constituted body that was set up to "advise and assist the Commissioner in the performance of the functions of the Commissioner".

The setting up of this council and the appointment of council members is stipulated in the Commissioner for Children Act which specifies that "The Council shall have the right to co-opt up to seven other persons who, in the opinion of the council, best represent children and the rights of children. These persons shall, as far as possible, be children and people involved in the promotion of children's rights generally as listed in this Act".

This may come as a surprise to some who are not used to the idea of having children or young persons sit with adults on a decision-making council. However, the presence of these young persons, for they are aged 11, 14 and 16, is teaching both the adults and the young persons on the council to find out about new ways of working and relating. It also has an important symbolic significance that is crucial to the recognition of the Commissioner's office as an agency for children by other children. For the children are chosen by other children to represent all other Maltese children for a year. This is done in a manner that is representative as far as possible of the overall child population.

Of course, respecting the children's views does not mean that the children's opinions should be automatically accepted but it means that their opinions have the ability to influence decisions. This also means that children are given sufficient information to enable the child to understand the issues at hand, foster meaningful and relevant participation in the decision-making process and to gain democratic skills.

In this respect, various specialised members of the council are often expected to provide the other members of the council, both adults and young persons, with the necessary information about options that exist and the consequences of such options within the specialised areas of expertise that they represent so that the other members can make informed and free contributions to the decision-making process.

Ms Azzopardi is a member of the Council for Children. She holds an M.Phil. in children's rights.