Malta lacks a specific law recognising the child as a victim - and not just as a witness - in cases of domestic violence, according to research by the Organisation for the Promotion of Human Rights.
A legal provision, requiring the interrogation of a minor be done in the presence of an appropriate expert, was also lacking, said OPHR chairman Therese Comodini Cachia, who yesterday presented a report on ways of implementing the EU directives on violence against women, children and youth.
The study, co-financed by the European Commission through the Daphne II Programme, analysed legislation on violence against women, children and youth until 2006. It was carried out in partnership with the Czech Republic, Lithuania, Latvia, Slovakia, Estonia, Slovenia, Hungary, Poland and Cyprus and will be presented to politicians too.
It showed Malta and Poland were the only two countries where the prohibition of corporal punishment is "incomplete". Dr Comodini Cachia said the beating of children in the home was not regulated as was the case in other EU countries.
Human trafficking also affected Malta but it remained the only country of the 10 states that joined the EU in 2004 that did not adopt a national action plan on the issue, Dr Comodini Cachia pointed out.
Victims of trafficking should be entitled to basic services, irrespective of their cooperation with the police and prosecution, she said.
Malta also had the smallest amount of media campaigns on the matter, she said, insisting on the need to recognise the victims of human trafficking and for support to be provided in their language.
Support to migrant women, who were survivors of violence, should be provided by workers competent in their culture and they should have the right to residence permits, Dr Comodino Cachia said.
The report also highlighted the lack of a helpline specifically dedicated to children and young victims of violence as opposed to the general one that existed for social problems.
The Justice Ministry has issued a call for expressions of interest for a helpline that specifically targets missing children but Dr Comodini Cachia hoped it would incorporate children's problems in general and particularly violence in the family.
The study, which includes good practices and recommendations, proposes a 24-hour helpline for women, children and youth victims of violence, with experts on the other end to offer support.
It recommends that economical and psychological violence and neglect be addressed with the same level of seriousness as physical abuse.
Legislation had to be enacted to address abuse via IT, which presented new realms for violence, the study pointed out.
It found that data analysis and a centralised database on violence issues were lacking plus information was not shared among stakeholders, preventing the possibility of "seeing the bigger picture" and offering tailor-made services.
Poorly researched areas included marital rape and the quality and outcome of services provided to victims.
Data collection should be conducted on a national level and include information from the police, prosecution, the judiciary, schools and institutions, Dr Comodini Cachia said.
OPHR, set up in Malta in 2007 to promote fundamental rights, will this month present another study on who is being discriminated against and why.