Children are an essential element of our society, of future society and today’s. Children have a right to be safe, to be heard, to receive adequate care and to be loved. Every child should be protected and have his or her rights safeguarded.

The family, as the first line of protection for children, is responsible for building a nurturing home, while the rest of the community is responsible to create safe and enabling environments for children to thrive. Only in these conditions can children fulfil their full potential.

Through legislation and policy implementation, governments can ensure that children are protected at all times from abuse, exploitation and other harmful experiences.

This is a mindset that this government has embedded in its social policy framework. We seek to ensure that the best interests of the child take precedence in policy development. A child embodies society’s aspirations for all that is better, kinder and for that which defines a nation based on social justice. The child is the torch bearer of this vision.

Therefore, we need to ensure that each child, irrespective of status or circumstance, is given the very best opportunities to realise his or her dreams and participate with others in building a just and cohesive society. It is not easy but we have the political and moral obligation to implement it. Our policies, social and otherwise, have to place the best interests of the child at the centre and ensure that whatever we do is done to protect children, develop their talents and offer them the best opportunities to excel, for their self-fulfilment and for the common good.

The new Child Protection Act seeks to impact all children but most of all those who lack a rewarding childhood due to the difficult situations they face at home. This Act will simplify things to “normalise” life when children are placed into the care of others, while at the same time adding more layers of protection for the minors involved.

One of the most important amendments being proposed concerns foster care, allowing foster carers to file an application to adopt children after a period of five years instead of 10.

This is meant to give more stability to the child at a time when security and stability are critical for a healthy and balanced upbringing.

With this Act, the government is taking the rights of the child a couple of steps further

The foster carer will now have the right to travel abroad with the fostered child after notifying the State agency. One must also recall the recent rise in the foster care allowance from €70 to €100 per week.

Another important change is related to mandatory reporting. In cases where professionals have reason to believe that a minor is suffering or is at risk, a report will need to be filed immediately. This is not the case so far. The Act gives professionals the peace of mind that if the report is made in bona fide, they will in no way be subjected to legal action.

Moreover, if a report is made to an entity or institution other than the Director for the Protection of Minors or the police, that entity is obliged to report in writing to the police or to the director within 24 hours. This ensures immediate action on all reports.

The selection process to appoint the Director for the Protection of Minors will be reformed. The Act stipulates that the director shall be appointed following a public call for applications and shall have at least five years of work experience in areas related to child services in addition to the necessary management competencies.

All entities or departments involved in child protection will be obliged to appoint a representative to attend all meetings of the Investigative Committee. This shall ensure continuity from one session to another.

In cases of protection orders, the duty magistrate shall appoint a lawyer (Children’s Advocate) to follow the application and safeguard the child’s rights.

The members of the Minors Care Review Board and Fostering Board have increased in number from five to seven. A wider perspective of the facts and the increased battery of professional competences should help to form a more rounded opinion and objective decisions.

With this Act, the government is taking the rights of the child a couple of steps further. These technical, legal and practical changes will have a positive effect on the lives of many children in vulnerable situations. This law further underpins our commitment that, as a society, the well-being of children shall always be high on the national agenda.

I applaud the Opposition for taking a very positive attitude and cooperating with the government from the outset. I am sure that in Parliament, the sentiment of collaboration shall continue to guide us to deliver an Act that defines, in many respects, who we are as a nation.

Children’s rights are human rights – no more no less. The fact that they are minors does not make them half humans, or invisible. On the contrary, because they are young we need to place them up high on our agenda. We need to remind ourselves that what we do has ramifications for the future and if we aspire to a bright future, then we have to keep evolving into a child-friendly nation. As the minister for this sector, I am proud to be living these moments.

Michael Falzon is the Minister for the Family, Children’s Rights and Social Solidarity.

This is a Times of Malta print opinion piece

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