Office of the Commissioner for Children 1 - CRIN Report 2005.pdf · Sonia Camilleri Commissioner for ... Office of the Commissioner for Children Annual Report 2005 7 The Council for

Office of the Commissioner for Children Annual Report 2005 1

The Office of the Commissioner for Children was set up in terms of the Commissioner forChildren Act of 2003, to promote the welfare of children and the compliance with the

UN Convention on the Rights of the Child, as ratified by Malta, and such otherinternational treaties, conventions or agreements relating to children as are

or may be ratified or otherwise acceded to by Malta.

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© Copyright 2006, Office for the Commissioner for Children

Published by The Office of the Commissioner for ChildrenPalazzo Ferreria, Republic Street, VallettaTel: +356 2590 3105Fax: +356 2590 3101Email: [email protected]

Cover photo: Martha Spiteri, MqabbaCover photo taken by: Daniela DebonoOther photos taken by: Manuel Fenech and Daniela Debono

All rights reserved. No part of this publication may be reproduced,stored in a retrieval system, or transmitted, in any form or by anymeans, electronic, mechanical, photocopying, recording orotherwise without the prior permission in writing of the copyrightowners.

Although the Commissioner requested information fromministeries, government entities and departments, local councils,schools, residential children’s homes, parishes, non-governmentalorganisations, and the media – this report is based primarily onthe responses received.

Contents

The Commissioner’s Message 3

The Commissioner and her Office 5

1. Report of Activities of the Commissioner 9

2. A General Description of the Circumstancesof Children in Malta and a Survey of theMajor Developments that affect Them 15

3. Recommendations regarding the Needfor Legislation or Change in Rules or Policy 37

Individual Complaints submitted to the Office in 2005 42

Complaints’ Form 44


The Commissioner’s Message

It is with pleasure that I am presenting my second annual report asCommissioner for Children in Malta. The report, covering the period January

to December 2005 will help to show the strides that Malta’s Human RightsInstitution for children is steadily making in ways that are obvious to the

public and the media, and in others that may be less obvious.

Children can’t wait

2004 was a year of constant visits to schools,youth organisations, children’s homes and allother environments where I could meet children,and this gave me the initial insight into thesituation of children in Malta.

In 2005, I focused more on specific issues thathad been identified in the first year as deservingspecial attention, and four main projects werelaunched, two of which were undertaken withthe Malta Broadcasting Authority and theNational Statistics Office. The spotlight was onChildren with Very Challenging Behaviour, aChildren’s Rights Course for Young People, anational survey on Children and Internet Useand Quality Children’s Programmes onTelevision. The first three of these projects havebeen completed.

The awareness campaign about Children’sRights and the Office of the Commissioner for

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Children was intensified, and this year saw thedistribution of 15,000 stickers sporting the logo,email address and telephone number of theCommissioner for children and young people inschools, homes and organisations which I visitedpersonally. Meanwhile, a constant presence onthe Media was maintained so as to reach peopleof all ages. The significant 100% increase inindividual complaints received at the Officetestifies to the exposure achieved.

Setting up the Office continues to be apainstaking endeavour. However, muchgroundwork has been done so that 2006, thanksto an increase in the Office budget, will see thefirst person officially employed with the Office ofthe Commissioner for Children. Plans for a moveto more appropriate premises are also underwayin order that the independence of the Officefrom the government will be emphasised.

A basic truth which I highlighted during bothyears is that “Children can’t wait”.

In view of this, on World Children’s Day2004, I had called for a Children Act in order toeffectively protect children’s rights. I alsorequested an additional judge for the FamilyCourt, and much more resources to be madeavailable for services required by children in theschools, in the justice system, and in the socialservices.

Although there have been some amendmentsto legislation and a second judge has beenassigned to the Family Court, there is still no

Children Act and our most vulnerable childrencontinue to be put on waiting lists because of agreat shortage of professionals where childrenneed them most.

Foster families and their children areanxiously awaiting the Fostering Act which isbeing drafted. This law is intended to regulatefostering and to support couples who havegenerously fostered children without any specificlegislation to back them, and who have beenencountering innumerable difficulties. Isincerely hope that the White Paper, oncepublished, will be swiftly debated and approvedby the House of Representatives.

Children make up nearly a quarter of ourpopulation, but are still not being given theminimum 25% of our attention as a nation.

A “Children can’t wait” policy needs to beadopted by all ministries and governmentdepartments. Services to children are not onlyquantified in financial ways. There are rights todevelopment, rights to participation and rightsto protection that need to be observed whilst thechild is still a child. Delaying the properimplementation of such rights has harmfuleffects which may influence the child for life.Unless we wake up to this reality, it will not onlybe the children who continue to suffer, but oursociety as a whole.

Sonia CamilleriCommissioner for Children


Guiding PrinciplesArticle 10: Guiding principles

The Commissioner shall be guided by thefollowing general principles:(a) that the best interests of children and the family

are paramount;(b) that all children are to be treated with dignity,

respect and fairness;(c) disabled children and children with

disadvantaged family or social circumstancesshould enjoy the same quality of life like all otherchildren;

(d) that children and their families are to be providedwith opportunities to participate in decisions thataffect them and in defining, planning andevaluating services to children; and

(e) that government, families and communities sharethe responsibility for the promotion of thedevelopment and well-being of children.

Functions of the CommissionerThe following are the functions of the

Commissioner as laid out in articles 9 and 11 ofthe Commissioner for Children’s Act:Article 9: Functions of the Commissioner(a) to promote and advocate for the rights and

interests of children;(b) to ensure that children are being given the

opportunity to express their opinions and thatthese are in fact considered;

(c) to promote the protection of family unity;(d) to advocate for adequate support to parents for

the upbringing of their children;

The Commissioner and her Office

The focus is on the child

The Commissioner for Children’s role, as assisted by the Council for Children, is topromote awareness of children’s rights, to assert such rights in the legal and

administrative framework and to monitor child services. Above all, theCommissioner’s role is to give children a voice. The Commissioner for Children Act

has further equipped the Commissioner with the power to investigate complaintson her own initiative, as well as to issue recommendations, child impact statements

and recommendations in the form of a compliance notice.

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(e) to foster the development of alternative care tochildren who need such care with special referenceto fostering and adoption;

(f) to seek to ensure that the rights and interests ofchildren are properly taken into account bygovernment departments, local authorities, otherpublic bodies and voluntary and publicorganisations when decisions on policies affectingchildren are taken;

(g) to promote the protection of children from physicalor mental harm and neglect, including sexualabuse or exploitation;

(h) to promote the highest standards of health andsocial services for women during pregnancy and topromote special care and protection, includingadequate legal protection, for children both beforeand after birth;

(i) to promote the highest standards of health, andeducation and social services for children;

(j) to promote the highest standards of leisure, playand recreational facilities for children;

(k) to ensure that all possible measures are taken bythe relevant authorities to prevent and remedypoverty and social exclusion among children;

(l) to promote compliance with the United NationsConvention on the Rights of the Child as ratifiedby Malta and with such other internationaltreaties, conventions or agreements relating tochildren as are or may be ratified or otherwiseacceded to by Malta.

Article 11: Promoting the best interestsof children

In order to promote the welfare of children and tomonitor the conditions under which children develop,the Commissioner shall:(a) provide public education and information designed

to promote an understanding of the rights ofchildren;

(b) initiate measures for asserting the rights andpromote the interests of children;

(c) collect information and investigate any allegedbreaches of the rights of children including thedeath of any child if the Commissioner considerssuch an investigation to be necessary;

(d) set standards to be applied by ministries,departments or agencies of the Government tohelp ensure that their internal review processesare responsive to complaints about decisionsconcerning the provision of designated services tochildren;

(e) monitor whether ministries, governmentdepartments and agencies referred to inparagraph (d) are meeting the standards setunder that paragraph;

(f) collect data about, conduct or encourageresearch into, matters relevant to services forchildren;

(g) ensure that such services in relation to childrenare:i) accessible,ii) community-based,iii) co-ordinated and integrated,iv) inclusive of gender, culture and language, andv) responsive to individual needs;

(h) provide public education and informationdesigned to promote an understanding of, and toinvite public comment on, the work of theCommissioner;

(i) monitor and assess the policies and practices ofsocial welfare services affecting children;

(j) ensure that legislation relating to the protectionof children’s interests is observed;

(k) act as a spokesperson for the rights, needs andinterests of children and put forward proposalsfor measures which can solve or prevent conflictsbetween children and society;

(l) advise the Government and propose to theGovernment such measures as may be required inorder for the rights and interests of children to beprovided for.


The Council for ChildrenThe Council for Children’s role is to advise and assist the Commissioner in the

performance of her functions and in the promotion of the welfare of children. TheCouncil is also entrusted with monitoring compliance with the United NationsConvention on the Rights of the Child and with other international treaties, conventionsor agreements relating to children which Malta ratified or acceded to.

In 2005, the Council for Children was composed of:

Ms Sonia Camilleri Chairperson, Commissioner for ChildrenMs Micheline Sciberras Ministry for Education, Youth and EmploymentMr Leonard Callus Ministry for the Family and Social SolidarityDr Richard Zammit Ministry for Health, the Elderly and Community CareMs Louise Calleja Ministry for Justice and Home AffairsDr Anna Felice Ministry for Justice and Home AffairsHon Clyde Puli Social Affairs CommitteeDr Arthur Azzopardi Co-opted memberMr Charlot Borg Co-opted young memberMs Lara Camilleri Co-opted young memberMr Malone Debono Co-opted young memberMs Annabelle Muscat Co-opted young memberMs Marian Muscat Azzopardi Co-opted memberMr Mark Anthony Sammut Co-opted young memberMs Maria Seguna Co-opted young memberMs Shanna Spiteri Co-opted young memberMs Marie Testa Co-opted member

Ms Annabelle Muscat, Ms Maria Seguna, Mr Mark Anthony Sammutwere Council members until July 2005. Mr Charlot Borg, Ms Lara Camilleri, Mr Malone Debono andMs Shanna Spiteri were co-opted in September 2005. Dr Arthur Azzopardi was co-opted in October 2005.

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The Office of the Commissioner for ChildrenThe Commissioner for Children Act was

enacted on the 5th of December 2003, and MsSonia Camilleri started her mandate on the 16th

December 2003.The Office is presently composed of:Ms Sonia Camilleri Commissioner for Children Part timeMs Carmen Cassar Clerk/ Secretary Full timeMs Daniela DeBono Research, Development & International Relations Full time

In addition:• Dr Ruth Farrugia was the Office’s legal officer

until April 2005. A call for applications hassince been issued to employ a legal officer.

• Mr Manuel Fenech was on loan from theMinistry of Education, Youth andEmployment. He was at the Office until July2005.

The Commissioner acknowledges thevoluntary work done in the Office by Ms HanWildeBoer, Ms Arancha Suarez-Fuentes, MsClaranne Micallef, Ms Bernardette Micallef andMr Anthony Micallef.

The Annual Budget for the first two years2004 and 2005 was Lm 10,000 per annum(around 24,000 euros) from which thehonorarium and part of the wages werededucted.

This has been increased for 2006 to Lm25,000 (around 60,000 euros).

The Period covered by this reportThis report covers the year 2005 and has been

prepared in line with Article 19 of theCommissioner for Children Act which statesthat:

Article 19: Annual Report(1) The Commissioner shall, not later than six weeks

after the end of each calendar year make andtransmit to the Minister, an annual report whichshall include:a) a report of the Commissioner’s

activities during the year;b) a general description of the circumstances of

children in Malta and a survey of thedevelopments which have affected them;

c) any recommendations regarding the need forlegislation or change in rules or policy; and,

d) any responses made to the Commissioner inaccordance with this Act.

(2) The Minister shall, at the earliest opportunity andnot later than eight weeks after he has received acopy of every such report, or if at any time duringthat period the House of Representatives is not insession, within eight weeks from the beginning ofthe next following session cause a copy of everysuch report to be laid on the Table of the Houseof Representatives.


1.1. The Commissioner’sMain Focus Areas in 2005

The main focus areas in 2005 were:• Children and the Media• Children with Very Challenging Behaviour• Children and Internet Use• Children’s Rights Training Course

for Young People

1.1.1. Children and the MediaThe Commissioner for Children and the

Broadcasting Authority set up a working groupto discuss and submit amendments for theprotection of minors provisions in thebroadcasting law.

It was agreed that the working group willfocus on two main issues:a. To propose amendments to the current

broadcasting legislation to further protectminors from various forms of exploitationand abuse; and

b. To draft and possibly also include in theproposals a set of guidelines for good qualitychildren’s programming.

The Commissioner’s Activities

1. Report of Activities of the Commissioner

After a series of meetings with local andforeign professionals in the area, the workinggroup has mapped out the main difficultiesencountered by the different professionals andalso the main stumbling blocks that arehindering both the production of good localprogrammes and the importation’ of children’sprogrammes from other countries.

The working group has drafted guidelines forquality children’s programmes and a strategicplan. These were discussed in October 2005

Charlot Borg, a young Council Member with Sonia Camilleriand Stephen Zerafa, a researcher, at the Round TableConference held in October 2005

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during a Round Table Conference withprofessionals working in the field.

In addition, two members of the workinggroup addressed the Media Desk InformationSeminar, and articles in the local press werewritten.

It is planned that a National Conference forfurther consultation with all the stakeholderswill take place in 2006.

1.1.2. Children with Very Challenging BehaviourThe aim of this project is to put forward a set

of proposals of how children and young peoplewith very challenging behaviour can be helpedin a dignified manner. The project has alsoincluded research on the different manners inwhich very challenging behaviour is presentedand what structures are currently available tomeet the specific needs of children and youngpeople with very challenging behaviour. Thefinal proposals will be presented to government.

The base definition of challenging behaviourused for this project is “Behaviour of suchintensity, frequency or duration that thephysical safety of the person or others are placedin serious jeopardy, or behaviour whichseriously limits the person’s access to ordinarysettings, activities and experiences”.

There is no comprehensive rehabilitationprogramme for children and young people with‘very’ challenging behaviour in Malta. Childrenand young people with these problems often endup in Mount Carmel Psychiatric Hospital, even ifthey do not strictly need psychiatric help, andare also often being admitted to adult wards.When young persons are found guilty ofcommitting a criminal offence they are sent tothe Young Persons Unit of the CorradinoCorrectional Facilities. Both institutions are seento be inappropriate for children and young

people with such behaviour.The Commissioner for Children coordinated

five working groups which researchedthoroughly and compiled reports on differentaspects of the areas of concern: statistics; historyof services; current services and residential care;suggestions from abroad, and meeting thechildren.

The fifth working group which documentedchildren’s perspectives of very challengingbehaviour and existing services in Malta, was anexcellent and very professional exercise in ChildParticipation and the report is appropriatelyentitled: ‘See me. Listen to me’.

A Final working group has been entrustedwith the drafting of proposals to be submitted togovernment, on the basis of the five reports.

It is expected that a National Conference willbe held in 2006 to present the working group’sreports and the final proposals.

1.1.3. Children and Internet UseThe Office of the Commissioner for Children

participated in a working group set up by theNational Statistics Office on “Internet Use byChildren and Young People”. The working group

Marian Muscat Azzopardi, a member of the Council for Children,Manuel Fenech, Educational Issues Officer at the Office andSimone Ek from Save theChildren, Sweden - at the Children’sRights Course, July 2005


also included representatives from the Ministryfor Education, Youth and Employment, theMinistry of Information, Technology andInvestment, the Malta CommunicationsAuthority and the Police.

A research project was developed and aquestionnaire was sent to over 3,000 childrenfrom 59 schools in Malta and Gozo. The resultsof this research have been published.

1.1.4. Children’s Rights Training Coursefor Young People

Between the 1st and the 3rd of July 2005, theCommissioner’s Office organised a children’srights training course for children and youngpeople (13 – 16 years old). The course was leadby officers from the Commissioner’s Officeassisted by Youthscope, a local NGO whichoffers the services of youth workers. Ms SimoneEk, a Senior Adviser on the UN Convention onthe Rights of the Child and officer of Save theChildren Sweden, was a special guest. Sheconducted sessions on the United NationsConvention and facilitated a plenary discussion

on Sweden’s no-smack policy.70 children and young people were chosen to

attend the course, following an extensive call fornominations amongst schools, NGOs and localcouncils.

During the last day of the course the youngpeople elected 4 representatives to representchildren and young people on the Council forChildren.

1.2. Children’s Rights Educationand Awareness raising

Public relations are very important for ayoung institution like the Commissioner forChildren. It is of utmost importance for children,young people and others to get to know whatthe Commissioner for Children’s role is.

The Commissioner participates frequently atseminars and conferences, and delivers talks orfacilitates discussions with children, youngpeople & adults both in schools and in theirlocal community organisations.

The Commissioner has also kept a regular

A group of young participants and a youth worker at the Children’s Rights Course organised by the Commissioner’s Office in July 2005

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Visits to SchoolsState Church Independent Total

Primary Schools 11 - - 11Secondary Schools 8 11 2 21Post-Secondary Schools 1 - - 1Special Schools 3 - - 3Nursery - - 1 1Summer schools 3 1 1 5Schools of Art - - 1 1

presence on the media (TV, Radio, Newspapers,Children’s Newspapers) in this last year. TheOffice has also issued several Press Releases andorganised Press Conferences. The Media was alsoinvited to key activities organised by the Office.

From October 2004 to July 2005 the Officewas invited to discuss issues of children’s rightson an RTK radio programme every fortnight forone hour; and from February 2005 till April2005 on a Radio Malta II programme alsofortnightly to discuss particular children’s rights.

The Office also coordinates a regular presenceon the written media. The Commissioner takesevery opportunity available when visitingschools and youth activities to speak of theConvention on the Rights of the Child and toexplain the role of the Commissioner forChildren.

The website www.tfal.org.mt which will beofficially launched during 2006, already hostsall the official documents, reports, press releasesand articles issued by the Office of theCommissioner for Children.

1.3. Schools and Educational IssuesBetween January 2005 and December 2005

the Commissioner has visited many schools.School visits include meetings with

administrative staff, guidance teachers, class orsubject teachers and other members of staff;meetings with students in their classrooms buteven in informal settings; and, meetings withStudent and Pupil Councils.

1.4. Participation of Children and YoungPeople in the Commissioner’s work

1.4.1. Young Council MembersFour young persons were co-opted as

members of the Council for Children for theperiod September 2005 to August 2006. The fouryoung representatives, 16 year old MaloneDebono, 16 year old Charlot Borg, 13 year oldLara Camilleri and 13 year old Shanna Spiteri,were elected by their peers during the Children’sRights Course organised by the Commissioner’sOffice.

Sonia Camilleri and Manuel Fenech during a meetingof the Students’ Council of St Michael’s College


They take over from Mark Anthony Sammut,Annabelle Muscat and Maria Seguna.

Their role is to advise the Commissioner forChildren as Council members according toArticle 13 of the Commissioner for Children Act.Their presence on the Council ensures thatchildren’s and young people’s voice is heard.

Child participation is meant to be part of theair one breathes at the Office, and all initiativespoint to this.

The Logo of the Office is the result of a verysuccessful Logo competition which saw theparticipation of over 600 children during 2004.It is a beautiful and very expressive logo. Thisyear’s main event was a Children’s RightsTraining Course for Children and Young Peopledescribed elsewhere in this report.

This led the way for more young people to beco-opted on the Council for Children, andstarted a series of consultation meetings betweenthe Commissioner and young people where thefirst topic discussed was in fact ChildParticipation.

At Council meetings, the young membersparticipate regularly and have beeninstrumental in drawing up the Commissioner’sAction Plan for 2006.

As part of the consultation process, youthshave asked the Commissioner to adopt the title,albeit unofficially, of Commissioner for Childrenand Young People, as they do not identify withthe official title.

The 4 young people elected on the Councilhave accompanied Mrs Camilleri while on work-related visits on a number of occasions. Someexamples are:• Taking part in the television programmes

‘Chatroom’ and’‘Xarabank’.• Visiting the Playmobil factory and taking an

active part in the opening of the Fun Park.• Delivering a speech at the seminar on

‘Quality Children’s Programmes’.• Being invited to the World Children’s Day

programme with the Queen, and the officialopening of CHOGM.

1.4.2. Consultation with Childrenand Young People on Participation

The Commissioner for Children organised aconsultation meeting for children and youngpeople on the theme of ‘Participation’, inpreparation of the Annual Report of 2005. Theday chosen for this consultation was the 10th ofDecember, Human Rights Day. This day waschosen to enforce the message that children’srights’are human rights which belong to eachand every child in the world. Participation isalso the distinguishing element in children’srights’– which is witness also to the developmentof human rights.

Around 100 children and young people fromthe ages of 13–– 17, who have had prior trainingin children’s rights, were invited to thisConsultation Meeting. The Consultation startedwith a presentation by the Commissioner forChildren on Participation and was followed by adiscussion in working groups by the young

The Commissioner for Children with the outgoing youth CouncilMembers Mark Anthony Sammut and Annabelle Muscat

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people on the particular significance ofparticipation in their lives.

The young participants also filled in aquestionnaire on participation in variousaspects of their life. This questionnaire wasprepared by young people (youth representativeson the Council for Children and electedrepresentatives on the ad hoc ElectoralCommission of 2005). The whole preparatoryprocess was facilitated by the Office of theCommissioner for Children. The Consultationwas also supported by youth workers from theNGO Youth Scope.

1.5. International

1.5.1. L’Europe de l’Enfance, ‘FamilyMediation’,Luxembourg,12-13th April 2005

This meeting discussed challenges beingfaced nowadays as a result of two differentphenomena: the increase of bi-national couplesand the increase in separations and divorces.Children from bi-national couples aresometimes separated completely when theirparents are in two different countries.

The Presidency of the European Unionfocused its attention on the Resolution of theCouncil of Europe of the 20th of September 2001providing for the cooperation of the States inorder to promote and improve personalrelationships between the children, their parentsand all other persons having any kinship withthe children. This Resolution proposes the resortto family mediation by the authorities.

Mrs Sonia Camilleri, Commissioner forChildren, attended this meeting.

1.5.2. European Network of OmbudspersonsChildren (ENOC) Annual Meeting,Warsaw, Poland, September 2005

The ENOC met for the 9th time and welcomedthe recently appointed English Commissioner forChildren as an observer member. TheCommissioners for Children of Malta, Irelandand Scotland were attending for the second time,whereas the appointment of the Children’sCommissioner in Serbia is expected in the comingmonths. The themes discussed this year werefamiliar to all 24 participants. These were:commercial and media pressure on children,protecting the rights of unaccompanied andseparated children, and the right of children toremain in their family environment.

Mrs Sonia Camilleri, Commissioner forChildren, participated in this meeting.

The 2005/2006 young Council Members: Shanna Spiteri,Lara Camilleri, Malone Debono and Charlot Borg


2A. The Right to ParticipationThe first Annual report gave an overview of

the general situation of children in Malta as itwas presented to the Commissioner by thechildren themselves and by those who work withchildren. The major changes concerning policiesregarding children are being listed at the end ofthis section. The strategy this year is to approachthis report from a different angle, and to look atthe situation of children in Malta in the light ofa particular article in the United NationsConvention on the Rights of the Child. Thesuccess of this strategy may lead to an annualfocus on different articles and to report on theadvanced level or otherwise of theirimplementation in Malta.

The article from the Convention chosen inpreparation for this report is Article 12 whichstates that:1. ‘States Parties shall assure to the child who is

capable of forming his or her own views the rightto express those views freely in all mattersaffecting the child, the views of the child being

General Description

2. A General Description of the Circumstancesof Children in Malta and a Survey of the

Major Developments that affect Them

given due weight in accordance with the age andmaturity of the child.

2. For this purpose, the child shall in particular beprovided the opportunity to be heard in anyjudicial and administrative proceedings affectingthe child, either directly, or through arepresentative or an appropriate body, in amanner consistent with the procedural rules ofnational law.’

All stakeholders were approached by meansof 630 letters that went out to Ministers, LocalCouncils, Schools, Parishes, Youth NGOs, theMedia, Judges, Health officials, and agencies forchildren’s services.

The first result was that of an awarenesscampaign about article 12 and for, someentities, of the Convention itself. Participation isdescribed strongly in the National Youth Policyof Malta (Pt 12.1) where active participation ispromoted and tokenistic participation isdiscouraged. However, various replies showedsurprise and satisfaction at the existence of thisRight of Children and registered the intention of

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the respondents to do all in their power toimplement it.

The second outcome was that this exerciseprovided the opportunity to highlight thedifference between ‘participation’ and full‘Participation’ in the light of the UN Conventionon the Rights of the Child. Children who areinvited to take part in an activity, for example aswimming competition, are participating in therace, but may not have Participated in theplanning and organisation of the race so as tomake it an activity modelled on the needs andideas of children.

Participation implies that:• Children/young people discuss issues

involving them• Children/young people’s views are taken into

account by adults• Children/young people are involved in

decision-making (together with adults)• Children/young people share power and

responsibility for decision-making withadults.

2.1. Children’s Participationat Ministerial Level

Office of the Prime MinisterIn a series of public dialogues which the

Prime Minister is holding with various sectionsof society, 120 children of various ages, electedby their summer school companions wereinvited to meet the Prime Minister at theAuberge de Castille on the 5th September 2005.

The aim of the event was to provide anopportunity for children in Malta to voice theiropinions directly to the Prime Minister, as wellas to acknowledge children as rightful

participants in the ‘Dialogues’ endeavour.Issues, questions and proposals that the childrenraised about the environment, vandalism,education, waste separation and others havebeen recorded on a CD. Hopefully, the next stepwill be that their views will be taken intoconsideration during policy making.

Nicole Galea, a nine year old from Fontana,Gozo, described this event in an article for theJunior News of the Times of Malta (23rd

November 2005).

The Ministry for Education,Youth and Employment

In all policies being published by theMinistry, children are one of the stakeholdergroups consulted for their views and opinions.

Various programmes, initiatives and projectsare underway in our schools where children’sparticipation is central to the process.

Youth SectionThe Youth Section encourages the

participation of young people in decisionmaking and in issues such as economic, socialand cultural development, access to informationand advice, vocational training, employment,housing, health and leisure.

In order to encourage and increaseparticipation of young people, the sectionsupports NGOs through a number of initiativessuch as the Youth Support Programme where itfinancially assists youth organisations whichembark on projects consonant with the NationalYouth Policy.

The Youth Section has also set up a numberof youth empowerment centres in strategicplaces around the island in order to renderservice to young people within the given locality.

The ‘Gharfien Nazzjonali Zghazagh fis-


Socjeta’ yearly awards serve as the officialrecognition of voluntary work carried out byyoung people towards society for those in needof care and support through work carried outlocally or abroad.

Ministry for the Familyand Social Solidarity (MFSS)

As part of the international research project‘Quality4Children’, the MFSS conducted anumber of focus group sessions with children inresidential and foster care. The emphasis of thisresearch was to give children a voice in thedrawing up of standards for residential andfoster care.

The Minister prides herself in being veryaccessible, and has received children and youngpeople personally at her office. An example ofthis was the group of very young children fromthe Focolare Movement whom she had met at

the FamilyFest in April, and who had asked tovisit her at her office so that they could give hera ‘Cube of Love’ which is a game they arepromoting. An after school meeting wasarranged and the children were given all thespace they needed to describe their new game,ask the Minister questions and takephotographs.

The APPOÌÌ AgencyThe APPOÌÌ Agency has long been a

promoter of Children’s Rights, among them theright to participation.

Two very interesting training seminars wereheld this year in connection with this right. Theseminars were about: 1-‘Giving a voice tochildren’ and 2-‘Service–user involvement’. Inboth cases, experts in the fields were invitedfrom abroad and they reaffirmed the convictionamong professionals that children have a right

Two young participants of the Children’s Rights Course organised by the Commissioner’s Office in July 2005

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to voice their opinions about all that concernsthem, and that their opinions must be takenseriously.

Putting theory into practice, APPOÌÌ has apolicy whereby children involved in GenericServices, Child Protection issues and in courtprocesses, as well as those children living inresidential homes, foster families or sheltersfrom domestic violence, all have the opportunityto say their story, participate in their casereviews and be part of the team drawing uptheir care plan.

APPOÌÌ has also participated in the two-year U.N. project on ‘Violence against Children’by making it possible for two young people fromMalta to participate in a 2 day interactiveworkshop held in November 2005 in Strasbourgentitled ‘The voices of young people on poverty,corporal punishment and violence’.

Some recent dissertations, written by studentsof the University of Malta, on Children’sParticipation are proving to be very interesting.One particular dissertation which focused on thesupervised access visits of APPOÌÌ is ‘The Powerto Participate: Children’s perspectives onsupervised access visits as service-users,individuals and young persons’ by AntheaAgius.

The new service which caters foraccompanied and unaccompanied minorsamong asylum seekers is also attempting to helpthe children and youths participate in their ownliberation and integration process by firstlyseeing to their logistical needs, and thenencouraging them to continue their studies andfind temporary employment if they are over 16and have the necessary permits. A guardian isallotted to each unaccompanied minor as wasrequested by the High Commissioner for HumanRights.

Ministry for Rural Affairs and the EnvironmentVery valid work on student participation has

been achieved by this Ministry in co-operationwith

‘Nature Trust’ through the adoption of theEcoSchools programme, available atinternational level, which encourages the fullparticipation of children in planning andundertaking activities related to theenvironment. 26 schools have joined thisprogramme since 2002. In line with theNational Minimum Curriculum, whichadvocates a learner-centred education, andencourages active learner participation anddevelopment of critical thinking andparticipatory skills, the EcoSchools programme isproviding a forum for active studentparticipation in decision making. The EcoWardens chosen in each school are empoweredto own the campaign for a cleaner environmentand encourage their schoolmates to follow suit.

A noteworthy event this year was thepresentation to Parliament of a motion read by2 students inviting MPs to acknowledge the validwork being done by EkoSkola to improve schoolsand local communities, and asking them topledge their support in every way possible. Themotion was signed by the Prime Minister, theLeader of the Opposition, and four otherMinisters and Shadow Ministers. Students from12 schools took part in this event.

In his article describing this initiative, DrPaul Pace, National EkoSkola Co-ordinator,quoted one of the MPs as saying “This is one ofthe few parliamentary sessions in which I trulyfelt my responsibility as a people’srepresentative”.

WasteServ, in collaboration with the Ministry,is also targeting its campaign at empowering


young people to discover the influence they haveas individuals in improving the quality of lifethrough day to day pro-environment decisions.

One of the many activities conductedtogether with students is the Xummiemu clubwhich also organised a pro-environmentdemonstration in Valletta with posters designedby children and carrying an educationalmessage.

Over 100 schools are presently taking part inwaste-management initiatives as part of theircurriculum.

Ministry for Tourism and CultureThis Ministry, working closely with ‘Heritage

Malta’ and the Ministry of Education, Youth andEmployment is moving away from instructionabout heritage to interaction.

Some projects which are underway and areaimed at helping young people truly realise howthey are part of Malta’s heritage, are:• the creation of interactive material for visits

to historical places such as the Inquisitor’sPalace;

• participation by students in EuropeanHeritage days by means of essay writing anddrawing, such as the coming UNESCO projecton ‘The Temple Builders’;

• hands-on sessions for primary school childrenat the Museum of Archaeology;

• field activities organised by the NaturalHistory section of the Ministry;

• the construction of a lecture/activity room atGhar Dalam, where brain-storming sessions

on history are encouraged by young visitors;• organisation of creative workshops, such as

the model-making sessions of temples andmegalithic statuettes.

2.2. Children’s Participation in SchoolsAn area where the concept and practice of

participation is steadily gaining ground is theschool environment.

Feedback received this year from 46 schoolsshows that the staff and students who are takingEDC (Education for Democratic Citizenship), andHRE (Human Rights Education) seriously, arediscovering that “the school is much richer nowthat children are being given the chance toexpress their views and take the initiative”1, andthat “As the experience of democracy in schoolbecomes a reality, we realise that children havea lot to offer”2.

A liberating and empowering strategy isslowly replacing the autocratic, top-down styleof school management, and one of the aims isthat students will happily be able to say “I hadan active part to play in my own education”3.This is undoubtedly the spirit of the NationalMinimum Curriculum, as can be seen inObjective 2, (Page 48).

One major impetus towards realising studentparticipation has undoubtedly come from theEducation Division’s programme of EDC whichhas seen the establishment of 25 Pupil Councilsin primary schools, 25 Student Councils insecondary schools, 1 in a special school, and

1 Headmistress, St. Monica School, Gzira2 Headmaster, M’Scala Primary School3 Link Teacher, St. Theresa Girls’ Junior Lyceum

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representative councils in all the ‘Skola Sajf’programmes.

It is imperative that the remaining schools,which number around 200, now start the processto set up their Pupil/Student Councils.

The Division, through the Democracy inSchools Unit is also closely following the cross-fertilisation and training of students inparticipation, and these young people have nowmoved towards setting up a National Students’Council with their own website.

School Development Programmes frequentlyhighlight EDC and it is good to note thatparticipation is also being taken seriously atkindergarten level and in our special schools.Some schools are also including a reference tothe student’s level of participation in the SchoolLeaving Certificate.

At post secondary level participation is nowfully accepted, and at the Junior College thereare 2 students on the Junior College Board withfull voting powers to elect the principal and vice-principal.

Student Councils are not the only means ofintroducing participation in schools. A schoolmagazine run by the students is anothereffective way of giving students a voice as long

as the Editorial Board is not dominated byadults. The teenage girls at ‘Our LadyImmaculate’ school in Hamrun make this veryobvious in their publication ‘The Voice’ whichcaptures very vividly the current language andinterests of teenage students. The pupils atMosta Primary A, chose the title ‘Mosta KidsPower’ for their magazine, and it is filled with alltheir writings. Two other collections of theirwritings have recently been published in bookform.

Morning Assemblies, organised by students,are offering a platform for issues of interest tothe children and youths, while strategicallyplaced suggestion boxes are providing goodfeedback in some schools.

Ownership of projects, large or small, is vitalto empowerment, and here such projects asScoops, EkoSkola, School Twinning programmesand Erasmus projects go a long way in creatingactive participation. Genuine consultation onschool outings and other activities also yieldsall-round satisfaction.

Certain projects embarked upon also givemuch scope for true student participation. Twoof many such examples are the GlobalEducation week, part of the Social Studiescurriculum, where students from 6 schoolscarried out a survey, which they created, aboutthe incidence of poverty in Malta and abroad,and the ‘Writing for Social Action’ campaignorganised at Maria Regina Girls’ Junior Lyceum,which saw girls writing to local councils,newspapers and even international leaders andorganisations on matters such as the inhumanetreatment of animals, inclusion, theenvironment and racism.

At the primary level, pupils are oftenencouraged to plan the layout of their classroomand draw up their own set of class rules, as well

Sonia Camilleri together with Shanna Spiteri, Malone Debonoand Charlot Borg, explaining Children’s Rights at the openingof the Playmobil Funpark. Also seen in the background, youngvolunteers Anthony Micallef and Bernardette Micallef


as to choose the titles for their creative writingsessions. One school has even organised workinggroups which look after activities. They arecalled: Green Club, Choir, Sports team, Schoolmagazine board, Display Boards group and Mid-day break activities team. Samples ofsuggestions by students that have been taken onboard with success by the schools are:• Support groups for victims of bullying• Healthier food in school tuck shops• Changes in the school uniform• Student friendly examination time-tables.• Requests for more information on health

issues• Lockers• Introduction of specific school subjects and

activities• School-leaving parties

The above may give the impression that allstudents are being heard and that theirsuggestions are always being taken intoconsideration. This is not in fact the case.Tokenism and manipulation remain two of thepitfalls of participation even when democracy inschools is officially recognised by theadministration.

Tokenism is evident when all the structuresfor participation are in place but studentscontinue to feel a sense of frustration thatnothing has really changed in the way thingsare run, because their recommendations fail tobe accepted. Examples of this are the waystudents at primary and secondary levelcontinue to ask for more reasonable andmeaningful subjects, only to be made to take upsubjects which are not what they want or need.

The Junior Lyceum exam and the SEC andMATSEC exams continue to be bones ofcontention. However commendable consultationmeetings aired live on Channel 22 are serving toiron out some major frustrations.

Manipulation can be more discreet. In studieson participation, manipulation is recognised asbeing one of the first rungs in a ladder thatwould lead to true participation. Somesecondary school students have reported thatthey are not satisfied with the way they arebeing asked to participate in their schools. Afterhaving drawn the attention of the EducationDivision to this fact, this Office is satisfied thatthe issue is being given attention.

Two young participants at the Consultation Meetingon “Participation of Young Persons” in December 2005

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2.3. Children’s Participationat Local Council Level

68 Local Councils received our questionnaireon the level of Participation of children andyoung people in their Council. The Officereceived 32 replies, 23 from Malta and 9 fromGozo.

27 of the 32 Councils answered that they hada councillor who was specifically in charge ofseeing to the needs of children and youngpeople.

More importantly, this Office discovered that6 local councils were taking child participationvery seriously. Nadur, Zejtun, Pieta’ andMqabba have a Children’s Local Council, whileSwieqi, Zejtun and Naxxar have a Youth LocalCouncil.

In 2004, on the initiative of the KNZ, a threemonth pilot project was encouraged in 11 townsand villages where Youth Local Councils wereset up. Unfortunately not all of them carried onwith the experiment when the 3 months were

over, however the ones that did are engagingyoung people and listening to their suggestionson all that has to do with their neighbourhood.

It is a slow process, but the move has startedaway from the idea that the world belongs toadults, and that children are only there to belooked after. They are finally emerging as theprime movers of some very worthwhileinitiatives. The Mayor of San Lawrenz in Gozoinformed this Office that a playing field hasrecently been inaugurated thanks to theinsistent appeals of the children, and the LocalCouncil of Swieqi has chosen to bind itselfannually to implementing two proposalscoming from the Local Youth Council.

Another big step in the right direction is thesetting up of Youth Empowerment Centres invarious regions, through the Youth Section ofthe Ministry of Education, Youth andEmployment. Their success in training youngpeople from the area to recognise their worthand offer their contributions towards variousself-designed initiatives, has led to many moreLocal Councils asking for Youth EmpowermentCentres in their towns and villages.

The feedback from the Local Councils wasencouraging in that while many admitted to avery low level of child participation, they almostall wrote that they hope to work at setting upLocal Child Councils or Local Youth Councils inthe near future.

2.4. Children’s Participation in ParishesParishes have their strategy on participation

already thought out for them and laid down inthe document ‘Pastoral work with children’ ofthe Gozitan Synod of 1993, and in the document‘Youth and Adolescents’ that was drawn up atthe end of the Synod in Malta in 2003. Both

Young participants at the Consultation Meetingon “Participation of Young Persons” in December 2005


documents refer explicitly to the need oflistening to children and young people, andinvolving them in the decision making andorganisation that goes on in the parishes.

The Church was a pioneer in reaching out tochildren in need, and still does so today,addressing new problems such as drug abuseand immigration, therefore giving childrentheir rights to protection from all kinds of harm.

The more entrenched one is in protectingchildren however, the more the move towardsacknowledging their participation rights may bedifficult. Feedback on ‘Child Participation’ fromthe parishes was poor, with only 8 parishesanswering our request for information on thesubject. This does not necessarily mean thatparticipation does not exist. In fact it is knownthat young people are asked to sit on the ParishPastoral Council in various parishes, howeverone would have to investigate further so as tosee how much our parish priests are actuallylistening to their young parishioners.

2.5. Children’s Participationin Non-Governmental Organisations

22 Organisations that work with and forchildren and young people sent feedback to theCommissioner’s office about the level of childand youth participation.

Among the various initiatives carried out inthe spirit of participation, young people on theCaritas Malta New Hope Foundation for theRehabilitation of Persons with Drug Abuse are co-authors of their own tailored treatment plans.Students in schools are to give their views onhow the Caritas Malta Prevention programme inschools, Focus, can be made more effective andtheir suggestions are proving invaluable inrestructuring the programme and giving it more

‘edge’, while the website www.teenzone.org.mthas a link for young users to send in theirremarks, reactions or suggestions or ask for helpor information.

At the Dar tal-Providenza, which caters amongothers for children with learning and/or physicaland sensorial difficulties, care workers andability promoters learn how to stimulate theresidents to express their views, wishes andneeds.

At the Union Óaddiema Mag˙qudin Youths(UÓM Youths), every member has the right totake part in the UÓM Youth Committee, and togive their views on different issues concerningchildren and youth. The ‘Brigata Laburista’ giveschildren the opportunity to form their own ‘MiniKumitat’ so that they can put forward theirsuggestions for activities that they would like tohave.

At OASI in Gozo, empowerment of youngpeople to say NO to drugs is the main drivingforce of the organisation. In ZEST, the ‘DrugsFree Youth Group’ within OASI, the planningand conceptualisation of events is in the handsof young people, while the Youth of the YearAward goes to the person who has a proventrack record of participation in voluntary work.

Children being introduced to the Commissioner at their school

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Kerygma actively develops the appropriateskills needed by youths for true participation,while one of ZAK Malta’s aims is of empoweringyoung people with the aim to participate.

The Mini European Assembly, organisedannually by the N.S.T.F has become a regularevent where students at post-secondary levelstudy the situation of various countries inEurope, and during a series of presentations inParliament, outline their understanding of theeconomic and socio-political issues of thecountries and put forward their resolutions. Thewinning participants enjoy a week’s visit toBrussels where they have meetings withparliamentarians at the European Level.

At M.U.S.E.U.M. ‘participation is part of theteaching/learning process’, while the Legion ofMary encourages active discussions in the weeklymeetings.

Great belief in children’s participation wasregistered at the Birzebbugia Windmill F.C., wherechildren over 14 are entitled to vote at the AGMto elect the Nursery Committee, and the youngplayers discuss plans and policies on disciplinarymeasures with their coach. At the SliemaWanderers Nursery a special room has been

allocated where children can meet their coachesbefore or after the sessions to discuss issues thatmay arise.

Scout Movement and Girl Guides AssociationChild participation is taken very seriously by

these two organisations which are encouragedby their international counterparts to fullyimplement this basic children’s right.

In the Scout Movement, children occupypositions of responsibility within the scout groupthey are part of. These children are chosen byeach section leader on the advice of the childrencomposing their particular grouping (Six/Patrol). Section Councils are held purposely toenable the children to voice their opinions onthe running of the section. These Councils arechaired by cub scouts and/or scouts who alsoidentify the items on the agenda, while in theseminars organised, the children are asked tochoose what they would like to focus on.

The right of appeal from disciplinary actionthat would expel a child from the ScoutMovement is enjoyed by all children.

In 2006 a National Scout Forum is envisagedto be set up officially with Euro-Med Scout YouthForum in order to ensure that the young peoplevoice their opinion in an official and permanentbody.

The Girl GuidesAssociation is very focused on children’s

rights. A strong belief which underlies all thework done with young girls, is that through acomprehensive range of support resources,individual members can be empowered tobecome active and effective citizens in their localand global communities.

In fact two of the six rights being workedupon till 2008 under the theme ‘Our Rights, Our

Reuben Debono, President of Students’ Council of the JuniorCollege (KSJC) during one of the meetings held with theCommissioner for Children, February 2005


Responsibilities’ are: The right to be heard and Theright to work together.

Concretisation of these rights has been seenin the organisation of forums on a national levelwhich treat issues such as ‘Advocacy on thePrevention of Adolescent Pregnancy’. This wasone way of responding to the fact that girlstoday want to express their views, share theirworries, be part of decisions and expect helpwhere needed.

Highly significant is the move by theAssociation to adopt the slogan ‘Girls WorldwideSay’ as their commitment to be the voice of girlsand young women.

2.6. Child Participationin the Justice System

The setting up of the Family Court, of theMediation Services, of video-conferencing in theCriminal Court, and above all of the post for aChild Advocate, have been moves in the right

direction to give a voice to children.In view of the extensive caseload at the courts

however, the number of Judges, of Mediatorsand of Child Advocates is still not enough andthis is confirmed not only by the clientsthemselves but also by the judiciary. Training ofcourt staff in dealing with children is still notbeing provided, although this Office has hadoccasion to recommend it to the ParliamentarySecretary, the Chief Justice and the President ofthe Chamber of Advocates.

There is very little awareness of the ChildAdvocates and how they can be accessed. TheJudiciary should also have easier accessibility tosupport services in the social field.

The structures are in place, even though theChild Advocate is still expected to be the child’slawyer as well as his/her Guardian ad Litem. Aconsolidation of the services needs to beaddressed if children are to be really given avoice.

Young people participating activly during a workshop at the Consultation Meetingon “Participation of Young Persons” organised last December 2005

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2.7. Child Participation in the Media2005 has seen the adoption of Guidelines, by

the Broadcasting Authority, on how childrenshould be protected in the Media, mainlytelevision. In the same spirit the PublicBroadcasting Services issued a set of regulationsabout the conditions under which vulnerablechildren can take part in certain programmes.

Participation by children in the wider sense,namely in the choice, planning, drawing up andpresentation of programmes is in the very initialstages with only the one-off producer trying totake this policy seriously.

Letters to 30 T.V. and Radio stations as well asnewspapers were sent to inform them of article 12of the UN Convention on the Rights of the Child,and to ask for the level of participation in theirorganisation.

Only 3 letters of feedback were received. Thesewere from Allied Newspapers Ltd, RTK, and Lehenis-Sewwa. The right of children to participate in allareas that affect them directly appears to be stillvery new to the other media enterprises.

The Sunday Times of Malta, the Times of Maltaand Lehen is-Sewwa encourage children to writein their newspapers. The Sunday Times of Maltafeatures monthly updates from the NationalYouth Council. The Times of Malta carries aweekly four page Junior News, and both regularlycarry contributions by young people. At least twoother dailies carry a children’s page on a regularbasis. Lehen is-Sewwa also has a monthly youthpage and welcomes contributions from childrenand young people. The newspaper supports themagazine ‘Taghna t-Tfal’ which also publisheschildren’s articles.

RTK airs a regular programme where childrenare invited to talk about matters of interest intheir lives. There are also plans for a discussionprogramme for young people.

2.8. Young People’s viewson Child Participation in general

Having asked for feedback from adults aboutchildren’s participation, a consultation meetingwith young people on the subject was held on the10th of December 2005. 35 youths who have beenin contact with the Office of the Commissioner forthe past two years and who have had basictraining in Children’s Rights were given a shortpresentation on the true meaning of Participation,and were then asked, in focus groups and by

Young participants during a workshopat the Children’s Rights Course

Sonia Camilleri discussing their issueswith young skateboarders at the Msida subway


means of a questionnaire, what they think ofthe level of participation today. The generalfeedback was that:• they feel that they are participating well at

home where they are involved in the choiceof such things as clothes, family outings,food and even the family budget. A regulardiscussion point is the time they are allowedto stay out in the evening.

• they reported that they are slowly feelingmore involved in what goes on at school andthat they were also consulted about thestudent’s council, the school uniform, thetuck-shop, the library, discipline and theschool in general.

• their level of participation in sharing ideasand decision making at their parishes wasquite low, while that same kind ofparticipation in their local councils waspractically non-existent.

• the majority felt satisfied with their level ofparticipation in their youth organisations.

• almost all said that they feel they are notconsulted about what goes on in public areas,such as beaches, cinemas, and publictransport.

• one focus group expressed the wish to bemore involved in politics but said they werenot interested in partisan politics.

Their insight into what is hindering participation,and their suggestions as to what can be done toimprove participation are particularly interesting.

What is Hindering Participation?• Shyness• Lack of training in decision making• Fear of standing out in a crowd• Fear of expressing own opinion• Lack of power and support• Lack of confidence and knowledge

• Lack of opportunities• Bullying• Not enough discussion opportunities• Need to listen more to each other• Youths/children who ridicule their peers’

opinion• Not enough ideas• Discrimination• Overbearing attitude of adults towards

children• Lack of faith in and respect for children’s

potential• Lack of interest in adults regarding children’s

participation• Adults who ignore children• Adults who overpower children and their

ideas• Attitude among adults that children “don’t

understand”• Adults too busy to bother with children’s

participation• Adults not prepared for the fact that children

might have an opinion worth considering• Adults are probably also afraid that they

might not be able to control children if theyare given the go-ahead on certain issueswhich involve them

Young participants during a workshopat the Children’s Rights Course

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ConclusionThe three month long exercise into taking

stock of the level of Participation enjoyed by ourchildren and young people in matters directlyrelated to them, as indicated by the precedingchapter, has shown that we have a goodbeginning in this area especially at school andat home.

The major steps that need to be taken are:• That the children and the public in general

are educated in the true meaning of ChildParticipation.

• That we all realise that the right of Childrenand Young People to Participation refers to allmatters concerning them, and not only thosewhere we would normally consult and workwith children.

• That we wake up to the realisation that it isnot only children who stand to gain from theimplementation of this Right, but Society as awhole.

• That the right to participation is adopted as apolicy in all National Action Plans andenvironments which involve children.

What do you suggest in orderto improve participation?• More education and awareness on

participation• More opportunities offered to children to

voice their opinions• Confidence boosters• Communication skills• More help and co-operation from adults• More Councils for children• Encourage socialisation• Adults need to listen more• More meetings about participation• Better relationships between adults/teachers

and students• No one should be left out of decision-making• Students should not miss their Council

meetings• Student Councils should discuss things

directly related to the students and not onlyto the school in general

• Adults would do well to consider children’ssuggestions seriously before discarding them

• More opportunities to participate in society• Education and preparation about

participation in small groups• Better education on children’s rights

Sonia Camilleri on a school visit in Cottonera The Commissioner for Children and some pupils at their school


providers are being guided in line with thesestandards and are expected to be compliantwith the policy regarding the introduction ofthese standards. The standards regard suchareas as provisions that ensure the safety andwell-being of the child, the qualifications ofthe staff and the child to carer ratio, thesuitability of the premises and the necessarypolicies and procedures for the suitabledelivery of the service.

The Department for Social WelfareStandards, formerly known as the Departmentfor Family Welfare, has recently been renamedto reflect the change of responsibilities of theDepartment. The latter used to perform asocial work service delivery function, but isnow assuming the role of a regulatory body forthe Social Welfare sector. Its operations willfocus on the registration of Social Welfareservices, monitoring and assessment of setstandards, and ensuring compliance withregulations adopted by the Government. Oneof the priority areas identified by theDepartment, and which is currently beingaddressed, is the child day care sector. Themission statement adopted by the departmentis ‘Improving social welfare standards throughdialogue and regulation’. The DSWS carriedout a gap analysis exercise with around thirty-five facilities catering for children under threeyears.

During the budget speech for 2006, it wasannounced that Lm130,000 will be allocatedto support existing childcare providers so thatthey may reach the established standards.

4. During 2005 a review of adoption laws wascarried out and a new Adoption Act iscurrently being drafted. Moreover, a FosteringAct is also being currently drawn up.

2B. Major Developments in 2005

Projects/initiatives related to childrenundertaken by the Ministry for the Family andSocial Solidarity during 2005

1. The Children and Young Persons (CareOrders) (Amendment) Regulations enacted onthe 12th April 2005. Amongst others, theseamendments address the following issues:a. Each child or young person under a Care

Order is required to have a care plan andwill be assigned a key social worker todraw up, co-ordinate and follow upimplementation and progressof the care plan;

b. A case review is to be held every 6 months(or less if necessary) during which thechild or young person is to be heard;

c. A child or young person under an interimcare order has a right to be represented byan advocate in the process before theJuvenile Court leading to the issue of adefinitive Care Order;

d. The Minister responsible for social policymay delegate a representative to hear theparent/s or guardians of the child/youngpersons or the children/young personsthemselves.

2. The Working Group on Residential and FosterCare is coordinating a number of policies andrecommendations aimed at improving thequality of life of children in residential and/orfoster care.

3. Child Care: The proposed standards, issued inthe child day care consultation document,are currently being used as an administrativedocument. Prospective and current service-

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5. During 2005, families with more than 3children received an increase in theirchildren’s allowance. For 2006, the children’sallowance allocation is set to increase by Lm38,000, with the total amounting to Lm14.25million.

6. Guidelines for parents regarding refugeechildren and a policy for unaccompaniedminors were drawn up. During 2005, asecond home for unaccompanied minors -Dar is-Sliem, B’Kara – was opened to cater forthe accommodation and welfare needs ofunaccompanied minors.

7. Domestic Violence Act – This Act, which isnot yet in force, will offer protection tovictims of domestic violence, includingchildren even if conceived but not yet born.Through this Act, in cases where domesticviolence occurs the welfare and needs of thechildren will be given particular attention.

8. Underage Drinking – The MFSS pilotedproposals regarding the sale to and theconsumption of alcohol by underagedpersons.

9. During the Budget Speech for 2006, it wasannounced that a programme – “Innocenti”will be launched in the coming year. Thisservice will provide a high support service forchildren with challenging behaviour.

10. Agenzija APPOÌÌ consolidated thechildren’s services and more financialassistance was allocated.

11. Agenzija APPOÌÌ - Through aCommonwealth grant, APPOÌÌ is beingprovided with consultation services andintensive training for professionals workingwith children.

12. Agenzija APPOÌÌ’s Supportline 179 hasbeen operating continuously since the 15th ofJanuary 1996, through the hard work andcommitment of volunteers and dedicatedstaff. Throughout these years, Supportline179 dealt with 145,000 callers through 79,970hours of voluntary work, carried out by 235volunteers.

Supportline 179 started off as a helpline tovictims of child abuse and domestic violence,evolving into a national helpline dealingwith around 60 various presenting problems.The service grew from an 11 hour service toone that offers assistance for 24 hours a day,seven days a week. The volunteers are trainedand monitored closely to ensure aprofessional quality service to the growingdemands from the public in need. These aresupported by the staff of Supportline 179 anda pool of supervisors who are on call eachday of the year.

Supportline 179 in 2006 is celebrating its10 year anniversary. It has offered assistanceto a large number of children, adults andfamilies in need throughout its years inoperation.


Projects/initiatives related to childrenundertaken by the Ministry of Health, theElderly and Community Care during 2005

Office of the Director General (Health)A seminar on children’s health and the

environment for healthcare Providers wasorganised by the Office of the Director General(Health) in collaboration with WHO -EURO onthe 2nd of December 2005.

The programme included a presentation byMs Leda Nemer, Children’s Health andEnvironment Programme at the WHO. Thepresentation was entitled “Why children?Children are not little adults” an introduction tothe Children’s Environment and Health ActionPlan for Europe (CEHAPE).

Health Promotion Unit1. Meeting of researchers from the Health Behaviour

of School aged Children Study held in MaltaThe Health Promotion Department hosted thespring meeting of the Health Behaviour ofSchool–aged Children Study between the 27th

and 29th May 2005. Over a hundredresearchers from forty two countries in Europeand North America participated in themeeting which was held at the Mgarr Hotelin Gozo.

The study is a World Health Organisationcross-national research study of the healthand health behaviours of adolescents. It iscarried out every four years among 11, 13and 15 year olds.The next study will be held in 2006, where arandom sample of 1,300 children from eachof the age groups will be asked to answer aquestionnaire about their health behaviours.The questionnaire that will be used in thisstudy was finalised during the meeting in

Gozo. The results of the study are expected tobe published by May of next year.

2. Teacher TrainingTeacher training in Sexual Health wasdelivered during the in-service teachertraining sessions held in July and September2005.

3. Talks in SchoolsThe Health Promotion Department receivesrequests throughout the scholastic year fortalks on various subjects to be delivered inschools. The target audience includes pupils,teachers and parents. The following topicswere addressed in various schools throughoutMalta and Gozo during the scholastic year2004/2005:• Healthy Eating for Schoolchildren• Physical Activity• Tobacco• Sun Awareness

Furthermore, a programme of talks is runaimed at Form 4 students in all schoolsthroughout Malta and Gozo covering SexualHealth and Sexually Transmitted Infections.

Young children listenign to the Commissioner for Children

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4. Task Force for Appropriate School NutritionEnvironments (TASNE)The Health Promotion Department isrepresented on the Task Force for AppropriateSchool Nutrition Environments (TASNE) thataims to develop recommendations for aNational Policy for Healthy School NutritionEnvironments.

The Task Force finalised a draft NationalPolicy taking into consideration the wholeschool ethos and based its plan on the HealthPromoting School concept.

5 Sa˙˙ti tieg˙i, irrid nie˙u ˙siebhaThe Health Promotion Department, incollaboration with the Education Division,has piloted a project to tackle Obesity inSchool Children at Mons. P.P. Saydon BoysSecondary School, Zurrieq. The project isbased on the health promoting schoolapproach, where the entire school populationis involved and forms part of the schooldevelopment plan for the next three years. Itconsists of teaching young people abouthealthy lifestyles, in particular nutrition andexercise, through curricular and extracurricular, hands-on activities. The projectwill be disseminated to other secondary levelschools.A manual for schools, entitled SAÓÓTI, iscurrently being prepared and will bepublished and disseminated to all colleges asa tool for schools.

6. Sun AwarenessA campaign was run in April/May with theaim of raising awareness amongschoolchildren of the harm the sun can causeto their skin. The campaign also highlightedthe desired behaviour changes to reduce sun

exposure. It consisted of:• a leaflet specifically aimed at children in

Year 4, containing an activity that thechildren had to complete;

• talks in schools throughout Malta andGozo;

• participation in Education 22 programmeson Television;

• adverts on buses.

7. Adolescent Tobacco Control ProjectsThe Health Promotion Department, inconjunction with other European Unioncountries, is participating in an anti smokingcampaign. This campaign called “HELP“–For a Life Without Tobacco” sets out first andforemost to effectively reach out to youngpeople and those who work closely in thefield with young people, whether smokers ornon-smokers.

Tools used in this campaign included a roadshow that was the initial step in attractingthe general public, followed by thedistribution of information material,applications and promotional objects. Therewere also television adverts, press releasesand a press conference. This campaignbrought about awareness on smokingprevention, the dangers of passive smokingand cessation. A scheduled time table ofsmoking cessation classes were running up toJuly 2005.

8. Importation of cigarette-shaped sweetsThe Health Promotion Department isopposing the importation of cigarette shapedsweets. Children are influenced in learningbehaviours associated with tobacco whenthey are exposed to these sweets. It is


generally accepted that children imitateadults in many behaviours and theavailability of the cigarettes provides the toolwith which they can do so. This may promotethe uptake of the smoking habit amongchildren at a younger age.

The importers have initiated courtproceedings against the ban.

9. European Network of Health Promoting SchoolThe Health Promotion Departmentparticipated in this year’s European Networkof Health Promoting School meeting held inEdinburgh, Scotland. The meeting discussedpolicy and action in targeting obesity inschool children. A manual that will be usedthroughout the Network was formulated andis now available to the Health PromotionDepartment in Malta and will aid in thepublication of the local manual.

10. Healthy Breakfast for SchoolchildrenThe Health Promotion Department isconsulted in organising Healthy Breakfasts in

schools. The Department advises on the food tobe made available to children duringbreakfast.

Zejtun Primary school organised one ofthese events with a difference in that thechildren prepared a healthy snack for theirparents too. The parents were addressed by theHealth Promotion Unit during the morning,where they learned about healthy eating forthe family. The event was filmed and aired onChannel 22.

11. Media coverage• A set of 10 weekly 20-minute sessions on

Channel 22’s ‘Sibt il-Familja’ about variousaspects of healthy eating and regular physicalactivity were carried out on every Saturdayafternoon

• A series of 6 sessions on Sun Awareness forchildren in ‘Sibt il-Familja’ on Channel 22

• A two-part series with Annalise Ellul on‘Childhood obesity’ on Channel 22

• A slot on a children’s programme ‘Luna Park’(Channel 22) – topic: physical activity

• An interview on ‘healthy eating and physicalactivity for schoolchildren’ was carried out fora children’s programme known as ‘Ûmeraldi’

12. ‘Move for Health Day 2005’’– Walk to G˙ar San MartinTo mark ‘Move for Health Day 2005’ and incollaboration with the Wardija Special School,a walk was organised from the school to GharSan Martin and back. A flyer was designed andcirculated to invite also the general public.

Çaqlaq leaflets and sun caps, sun protectioncream samples and fruit juices were distributedto all the participants, totalling around 100people.

Young people participating activly during a workshop at theConsultation Meeting on “Participation of Young Persons”organised last December 2005

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13. Malta Olympic Committee Seminar‘Childhood Obesity – A move to reduce’ wasthe theme of the presentation prepared forthe seminar entitled’‘The Role of sportsscience in young athletes’ that was organisedby the Malta Olympic Committee at theDolmen Hotel, Bugibba between the 18th and20th of November 2005. Target audience:young athletes.

Projects/initiatives related to childrenundertaken by the Ministry of Education,Youth and Employment during 2005

The Ministry of Education, Youth andEmployment has set out its plan of review in theeducation sector with the aim of analysing,reflecting and making recommendations onimportant issues in the field. The Ministry hasset out the following areas for review:

• Early Childhood Education• School Attendance• Governance• Autonomy• Career Guidance

• MATSEC• Inclusive and Special Education• Higher Education• Adult Basic Skills• Lifelong Learning

Several reports are now complete and beingimplemented, others are on the way tocompletion.

For All Children to Succeed (FACTS) waspublished in June 2005 and proposes two mainchanges in the educational system. The firstaddresses the restructuring of state schools into anumber of Colleges. The benefits of such a systemwill mean that students will be assured anexperience of smooth transition from oneeducational stage to another; from kinder toprimary and from primary to secondary. Theproposed changes will introduce a principal whowill be responsible for all the schools in theCollege. Each school will still have its own Head.All the Heads of School will meet in a Council forHeads and together decide on a programme thatwill cater for the needs of a particular college. Inthis way, educational programmes will addressmuch more the individual needs of students,rather than students fitting into the system.

The Education Division will also evolve into aregulator and a services directorate. This will worktowards giving schools more autonomy within anagreed framework of accountability. The aim ofthis entire reform is to ensure that children areprovided with quality education that will helpthem develop to their full potential.

The Inclusive and Special Education review(Spiteri report) makes a series ofrecommendations with the aim of offeringimproved educational services to students with adisability. A coordinator has been selected withthe mandate of inititating the implementation of

A young participant speaking during one of the manyConsultation Meetings organised for young people


the Spiteri report. The sectors of inclusive andspecial education are now under the samedirection as recommended in the report. Thecoordinator is now working on trainingprogrammes for facilitators, specialised trainingin the area of special needs at postgraduate leveland also the introduction of new services forstudents with a disability.

The School Attendance report presents a draftpolicy regarding the need for schools to improvethe rate of school attendance. The report makesa series of recommendations whereby each andevery child is thoroughly followed and as far aspossible absenteeism is kept at an absoluteminimum. Children, who miss out on school,miss out on experiences that cannot be retrieved.

The MATSEC report is one of the latestpublications and outlines a number of changesthat are thought to bring about an improvedsystem of operation. One of the main changes isthat a new system of certification will beintroduced in the area of basic skills. Theobjective is that each student will leavecompulsory schooling with a certificate thatoutlines acquired skills.

The reports regarding the Higher Educationsector are aimed at creating further access to thepost-secondary educational provision. It is theMinistry’s firm belief that our nation’s future liesin the development of its citizens and creatingeducational opportunities will not onlyprimarily allow the individual to reach to theirfull potential, but will also be beneficial sociallyand economically.

Projects/initiatives related to childrenundertaken by the Ministry of Justice andHome Affairs during 2005

The Ministry of Justice and Home Affairsproposed amendments to the Civil Code, Act 16(2004) which entered into force on the 1st ofMarch 2005. These amendments form an

important part of the necessary updating both forcivil rights to remain relevant.

The changes which were effected to the CivilCode cross three sectors: inheritance, status ofpersons and property.

There are two fundamental changes related tochildren:1. In the code there is not anymore the

prerogative distinction between legitimatechildren and illegitimate children. Although,doubtlessly, this classification served its purposein other times, nowadays it is only serving as asocial sanction on children who are not atfault. Today our society, with a sense of justice,feels that it should not let this stamp remain alife-long indelible mark. We still have anumber persons in our society who feel thatthey are inferior to others, due to this ancientclassification. For this reason the Civil Code willbe updated with new articles and amendmentsby means of which this stamp will be discardedto be substituted by the words ‘children bornout of wedlock’

2. For the first time there will be a completechange in the legal mechanism by which anatural father, in an out of wedlock birth, willrecognize a child to be his. Previously thesystem allowed for a man, whether the child’sfather or not, to appear in front of a publicnotary with the child’s birth certificate, anddeclare that he was recognizing the child as hisown. This meant that the mechanism used tofunction without the mother, who was neverasked for her consent at any stage of theprocess. Besides, but even much worse, the childhad its surname changed.

This will now be changed completely. Withthe inclusion of these amendments in the Code,whoever now wants to recognize a child as hisown, by means of an official letter, must informand ask for the mother’s consent and, in caseswhere the progeny is already a grown up, he/she

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would be informed also so that such institutionwould decide whether the recognition should beeffected or not. All this means that the child’smother is not simply a passive object whichcould be overlooked. An abuse was got rid ofand a better balance was introduced in thismechanism.

Projects/initiatives related to childrenundertaken by the National Statistics Office(NSO) during 2005

The NSO is a firm believer in Children’sRights. In the course of the Census, thisorganisation accorded the greatest importanceto children, both as junior citizens in their ownright and as a means of reaching the adultmembers of their families. The NSO:1. Participated in the International Trade Fair of

Malta and met with thousands of childrentogether with their families, distributingballoons, rulers and bookmarks to all. Therewere also five computer terminals on whichchildren could try out a set of speciallydevised electronic games.

2. Participated in the SkolaSajf programme.This entailed the organisation of sevensessions with the children attendingSkolaSajf. In all, seven sessions were held, sixin Malta and one in Gozo. The programmelasted from August to September 2005. In thisconnection, the NSO organised a one-hourinformation/entertainment programme thatwas animated by two census characters,Censinu and Censina and included thedistribution of an educational children’scomic.

Projects/initiatives related to childrenundertaken by the British Council Maltaduring 2005

The British Council Malta has embarked onseveral projects which put in action the right toparticipation of children and young peopleunder the four strategic themes of their actionplan:1. The internationalisation of young people

encouraging the real and virtual mobility ofyoung people through language learning,education, sport, educational policy andreform work:i. Internet-matching schools through Global

Gatewayii. Supporting the Education Division (Malta)

in English language learning throughClass Out! A bi-annual British Council,language learning magazine forsecondary school learners.

2. Dialogue and the exchange of ideas onvalues, identity and issues of social cohesion.This includes migration, cultural diversity,faith and religious identities, societal changeand transition and language identities:i. ‘Something Dark’ by Limn Sissay at St

Patrick’s (Boys’) Home. The workshopfocuses on the life experience of a Britishperformer poet whose life journey startedin Ethiopia and then through fosterfamilies and residential care in the UnitedKingdom. The workshop strives to beinteractive with the young audience.

It is British Council policy that each cultureactivity is combined with a workshop carried outwith children and young people.


3.1 Law against Abortion in ConstitutionOn the 9th May 2005 the Office of the

Commissioner for Children issued a press releasedeclaring the Commissioner’s stand in favour ofa measure proposed to entrench the lawprohibiting abortion in the Constitution. This isparticularly relevant in the context of theCommissioner’s obligation under article 9 (h) ofthe Commissioner for Children Act which statesthat the Commissioner shall promote specialcare and protection, including adequate legalprotection, for children both before and afterbirth.

The press release concluded by encouragingother Maltese entities to support the initiative.

3.2 Recommendation to BroadcastingAuthority re guidelines forparticipation in media programmesof vulnerable persons

On the 18th of May 2005 the Commissionerfor Children issued a press release to express fullsupport for the initiative taken by the Public

Recommendations

3. Recommendations regarding the needfor legislation or change in rules or policy

Broadcasting Services (PBS) for the protection ofvulnerable children under the age of 16 yearswho have been invited to participate on mediaprogrammes. She also encouraged otherbroadcasting stations to adopt such policies.

In relation to the same topic, theCommissioner also wrote to the Chief ExecutiveOfficer of the Broadcasting Authority expressingher appreciation and satisfaction at themeasures that were being taken by theBroadcasting Authority with the aim of adoptingthe Guidelines and the support offered by animpartial agency in the preparation of anychildren who may opt to participate in mediaprogrammes, which would make the Guidelinesrelevant to all stations.

She recommended that the focus rests solelyon children and the worlding be clarified tohighlight their position as vulnerable persons invirtue of their minority. She also suggestedclarification in the terminology used withparticular relation to children.

In fact, the recommendations were acceptedby the Authority and one of the sections is nowonly on vulnerable children.

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3.3 Recommendations to Social AffairsCommittee re IVF

On the 23rd May 2005 the Commissioner forChildren was invited to address the Social AffairsCommittee of the House of Representatives andmake a presentation regarding Biotechnologyand Human Rights.

The presentation focused on the effects of IVFtreatment on the child prior to birth andhighlighted the cost of life incurred during suchtreatment, to the detriment of the child. TheCommissioner emphasised her position thathaving a child is not an absolute right and thatchildren’s rights within such a process should besafeguarded.

In conclusion she recommended theintroduction of legislation to regulate assistedreproduction and urged caution where the safetyrecord of certain methods was still under debate.

The full text of the presentation is availableon www.tfal.gov.mt and onwww.parliament.gov.mt

3.4 Recommendations re rightsof siblings living in residential care

In May 2005 the Commissioner wrote to theMinister for Family and Social Solidarity withinformation relating to the Recommendations ofthe Committee of Ministers of the Council ofEurope on the rights of children living inresidential institutions. The recommendationsmade direct reference to the right for siblings,whenever possible, to stay together or maintainregular contacts which the Commissioner felthighly relevant in view of a communication shehad received from a child in foster carelamenting loss of contact with siblings. TheMinister informed this Office that our commentsand the recommendations made by the CoE

were to be brought to the attention of thedrafters of the proposed law on fostering, fortheir consideration

3.5 Amendment to Domestic Violence BillIn July 2005, written representations to the

Minister for the Family and Social Solidaritywere made to encourage specific reference tothe unborn child in the definition of householdmember for purposes of protection under theDomestic Violence Bill. The Minister thenreferred the proposal to the Chairperson of theParliamentary Committee discussing the Billfor further consideration.

The Commissioner proposed that the words“before and after birth” be inserted after thewords “parents and their children” in thedefinition of household member in article 2 (iv)of the Domestic Violence Bill.

3.6 Recommendations to Ministerfor Health, the Elderly andCommunity Care re cochlear implants

In August 2005 the Commissioner wrote tothe Minister following a series of exchangeswith parents of children with cochlearimplants. She expressed her appreciation at themoney being spent by the Ministry for Healthto enable the necessary operation to be carriedout on each child but called for the subsequentRadio Aid, said to be essential to the optimumuse of the device, to also be made available. Aseach operation cost Lm 40,000 theCommissioner requested that the additionalLm 1,500 be spent on the Radio Aid neededrather than allow the children to wait for longperiods on a waiting list within the KNPD(National Commission for the Disabled).


The Private Secretary to the Minister repliedthat the request would be considered within theparameter of other priorities in the healthdepartment.

3.7 Correspondence with Attorney Generaland Minister for Justice re toy guns

In September the Commissioner entered intocorrespondence with the Minister for Justice andHome Affairs and the Attorney General relatingto proposed amendments to the Arms Act, Act480, of the Laws of Malta whereby an articleprohibiting the sale of toys resembling firearmsetc was to be repealed.

The response was to affirm the decision torepeal the article in view of its primary intentionbeing to criminalise the use of toy guns whenused for illicit purposes. The Minister for Justiceand Home Affairs expressed his lack ofagreement with the Commissioner oncriminalising the sale of toy guns, citing Europeas supporting his contention that possession oftoy guns is not illegal in itself.

The Commissioner regrets that therepercussions of such an amendment onchildren in their having unrestricted access totoy guns do not seem to have been taken intoconsideration.

Young participants voting for their representatives on the Council for Children

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3.8 Recommendations to the Ministry forEducation, Youth and Employmentre Guidelines to Schools re discipline

In October 2005 the Commissioner presentedher written comments to the Ministry on thePolicy on Good Behaviour and Discipline inSchools.

In her recommendations, the Commissionersuggested the updating of the document withreference to three main areas:a. the lacuna concerning children of parents

who are separated, particularly within thecontext of section 5 entitled “Desired ParentBehaviour”.

b. the lack of reference to Mater Dei School andSt Patrick’s Craft Centre and the need forinformation to both children and parentswhen expulsion is used.

c. the dissonance between this document andthe more recent “For all children to succeed”which need to be complementary in theirapproach.

The Commissioner also took the opportunityto express her concern at the way the Ministerwas reported in the press as having spokenabout discipline in the schools. The reportedcomments advocated the increased use ofexpulsion as a response to children with difficultbehaviour. The Commissioner expressed herfears at the use of such a strategy to address theneeds of children who exhibit difficult orchallenging behaviour, advocating alternativemethods and increased professional staff toaddress the needs of these children. Sheconcluded with the recommendation thatexclusion as a solution be averted at all costsand requested a meeting to be organised on thesubject of discipline for managerial teams of allschools where good practice could be shared.

3.9 Recommendations to the Ministerfor Health, the Elderly andCommunity Care re Breastfeeding

On the 12th October 2005 the Commissionerfor Children wrote to the Minister on theoccasion of International Breastfeeding Week.She drew his attention to article 24 (e) of theConvention on the Rights of the Child whichmakes specific reference to the advantages of

Young council members registeringfor the Children’s Rights Course


breastfeeding and to the Breastfeeding PolicyMonitoring Committee which had been set upfollowing the National Breastfeeding Policydrawn up in 2000. The Commissioner expressedher regret that little seemed to have come of thework of the Committee with its membersreceiving no feedback to their efforts. Shementioned the positive step of allocating a roomin the Post Natal ward of St Luke’s Hospital usedas a Breastfeeding Clinic on two mornings aweek but lamented the lack of additional fundsfor the promotion of breastfeeding in Malta,which may be one reason for the rate ofbreastfeeding in Malta being so low.

The Commissioner appealed to the Ministerto designate funds for the better promotion ofbreastfeeding in Malta.

3.10 Recommendations to Ministerfor Education, Youth and Employment reinclusion of media studies in curriculum

In November 2005 the Commissioner wroteto the Minister regarding media education. Shecited the Round Table Conference organised byher Office together with the BroadcastingAuthority which had focused on the topic of“Quality Programmes for Children” wherereference was also made to suggestions made tothe Ministry for Education, Youth andEmployment relating to the need for moresystematic and widespread programmes ofeducation about the media. She also madereference to the National Statistics Office Surveyon Children and the Internet where children had

A young participant at the Children’s Rights Course

been shown to lack critical approaches necessaryfor assessment of media presentations.

The Commissioner quoted her own annualreport of 2004 and referred to various talks andinterviews where the point had been made thatmedia education should be offered to allchildren in accordance with the Convention onthe Rights of the Child (Article 17e). Herrecommendation to the Minister was for seriousconsideration of the benefits children from othercountries achieve with a view to making themavailable to children in Malta.

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Responses made to the Commissioner in accordancewith the Commissioner for Children Act

Individual Complaints submitted to the Office in 2005Adoption 1Bullying 9Care Orders 1Child abuse 21Child Services 2Child Trafficking 1Children and Hotels 1Children and the Media 6Children with very challenging behaviour 3Court Cases – delays and related problems 12Delinquency 1Detention Centres 1Domestic Violence 5Education 23Entertainment spots 1Equal Opportunities 11Fostering 1General request for help 8Housing 5Indecent magazine exposed on shop shelf within reach of children 1Inheritance 1Jobs 1Paedophilia 1Police Procedures 1Rating of shows and censure in Malta 2School transport 5Separated Families [Access] 19Services in hospitals 2Social Security 3The Corradino Correctional Facility and the Visiting Room 1Toy arms and others 1Training in Children Residential Homes 1Unacceptable behaviour by professionals 2Underage mothers 1Urban environment and children 2Violence on Children 2Young Persons Unit, Mt Carmel Hospital 2Total 162

The Commissioner forChildren shall ‘collectinformation and investigateany breaches of the rights ofchildren.’ Article 11 (c)

The Commissioner shallalso ‘act as a spokespersonfor the rights, needs andinterests of children and putforward proposals formeasures which can solve orprevent conflicts betweenchildren and society.’Article 11 (k)


An increasing awareness of children’s rightsand of the Office of the Commissioner forChildren has resulted in an increase in thenumber of people who have sought the help ofthe Commissioner in what they understood to bebreaches of the rights of children.

The absolute majority of the complaints weremade by adults, although a few also camedirectly from older children. Ideally, childrenwill grow to feel empowered enough to accessthe Commissioner’s office themselves, and this iswhy the stickers with the email address and thetelephone number of the office are constantlydistributed in children’s circles. In fact a fewyoung persons have regular contact with theCommissioner via email and they pass on to hertheir suggestions, ideas and complaints.

The number of official complaints received in2005 was 162, a 100% increase on last year’snumber. Complaints were received in writingand then an appointment was set up for theperson to meet the Commissioner and elaborateon the issue. As from 2006, a complaints form

has been prepared, a copy of which is found inthe Appendix, and complaints will be acceptedwhen the form is duly filled.

The greatest number of complaints this yearcame from the field of education, and many hadto do with the service of facilitators.

Child abuse and neglect were a close second,while problems arising from marital separationfollowed.

Delays in court were in evidence once again,and problems faced by children with disabilitiesand their families were received, and addressedvery often together with the NationalCommission for Persons with Disability.

A lack of awareness of services available inthe fields of Health, Justice, Education and SocialServices was noted and the Commissioner oftenfound herself referring the complainants to therelevant officials or services.

Two requests for official investigations werereceived. One was dropped by the complainantand the other was carried out. A full report wasgiven to all the parties concerned.

Complaints Form4) Iddeskrivi n-natura ta’ l-ilment fil-qosor

Describe the nature of the complaint in short

5) Firma 6) DataSignature Date

Eg˙mez id-dokumenti relevanti ghall-ilment ma din il-formolaKindly attach any relevant documents to this complaint form

Dak li ktibt huwa protett mill-Att dwar il-Protezzjoniu l-Privatezza tad-Data, Kap 440 u minn Artiklu 13 ta’ l-Attdwar il-Kummissarju ghat-Tfal, Kap 462*This information is protected under the Data Protection Act, Chap 440and Article 13 of the Commissioner for Children Act, Chap 462*

1) Dettalji ta’ min qed jaghmel l-ilmentDetails of complainant

a. Isem u KunjomName and Surname

b. Numru tal-Karta ta’ l-IdentitàIdentity Card Number

c. Data’ tat-twelidDate of Birth

d. IndirizzAddress

e. Kodici Postali Postcode

f. Numru tat-telefonTelephone Number

g. Numru tal-mobileMobile Number

h. EmailEmail

i. Tifel/Ra©el Tifla /MaraBoy/Man Girl/Woman

2) L-ilment huwa dwarek dwar persuna ohraThe complaint is about you another person

3) Jekk l-ilment qed isir dwar persuna ohra,ikteb id-dettalji tal-persunaIf this complaint is about another person,kindly fill in the person’s details

a. Isem u KunjomName and Surname

b. Numru tal-Karta ta’ l-IdentitaIdentity Card Number

c. Data’ tat-twelidDate of Birth

d. Indirizz:Address

e. Kodici Postali Postcode

f. Numru tat-telefonTelephone number

g. Numru tal-mobileMobile Number

h. EmailEmail

i. Tifel/Ra©el Tifla /MaraBoy/Man Girl/Woman

Importanti li tkun taf li l-Kummissarju ma g˙andu jag˙mel ebdainvestigazzjoni dwar konflitti speçifici individwali bejn tfal u ©enituri jewtuturi tag˙hom, jew bejn il-©enituri jew it-tuturi inkluƒi affarijiet li g˙andhomx’jaqsmu ma’ l-eƒerçizzju tar-responsabbiltà tag˙hom ta’ ©enituri u kull ˙a©ao˙ra li taqa’ ta˙t il-kompetenza ta’ xi qorti jew tribunal stabbilit bil-li©i u f’kullkaz b˙al dak il-Kummissarju g˙andu jippreƒenta lil min jag˙mel l-ilment, ir-ra©uni g˙aliex ikun qieg˙ed jirrifjuta” (Kap 462, Att dwar il-Kummissarjughat-Tfal, Artiklu 14 (2).

Kindly note that the Commissioner shall not carry out investigations concerningspecific, individual conflicts between a child and its parents or guardians, or betweenthe parents or guardians including matters concerning the exercise of parentalresponsibility and any other matter that falls within the competence of any court orany tribunal established by law and in any case the Commissioner shall submit tothe complainant, the reason for the refusal. (Chap 462, Commissioner for ChildrenAct, Article 14 (2).

*Il-Kummissarju, I-Kunsill u kull membru tal-persunal fl-uffiçju tal-Kummissarju g˙andhom iƒommu s-segretezza fir-rigward ta’ kull ˙a©apersonali li jsiru jafu biha fl-eƒerçizzju tas-setg˙at tag˙hom u fil-qadi ta’dmirijiet u l-funzjonijiet tag˙hom skond dan il-Att, u ma g˙andhom jikxfuebda ˙a©a li jsiru jafu biha kif hawn qabel imsemmi ˙lief g˙all-iskop ta’ xiinvestigazzjoni, jew prosekuzzjoni g˙all-reat kontra dan l-Att, jew xi reat ie˙orkontra l-persuna ta’ xi tifel jew tifla. (Kap 462, Att dwar il-Kummissarjug˙at-Tfal, Artiklu 13).

*The Commissioner, the Council members, and every member of the staff of theCommissioner’s Office shall maintain secrecy in respect of all personal matters thatcome to their knowledge in the exercise of their power and carrying out of theirduties and functions under this Act, and shall not divulge any matter coming to theirknowledge as aforesaid except for the purpose of an investigation, or prosecutions foran offence against this Act or any other offence against the person of a child.(Chapter 462, Commissioner for Children Act, Article 13).

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