The office of the Commissioner for Children organised a public discussion on ‘Children’s Access to Justice on Wednesday 28th April 2010. The event aimed at eliciting feedback from professionals and individuals working within the area of children’s rights

The Office of the Commissioner for Children has regularly stressed the necessity for children to have the possibility to access justice. Recommendations have been put forward for mechanisms and procedures to be put into place in order to enable them to participate in relevant court proceedings, and initiate them where necessary, in a manner which is appropriate to their maturity and understanding. This event generated further discussion on these issues, in order to inform the work of the Commissioner for Children’s Office, enabling the Commissioner to “act as a spokesperson for the rights, needs, and interests of children and put forward proposals for measures which can solve or prevent conflicts between children and society” [Commissioner for Children Act 2003, art. 11 (k)].

Dr. Ruth Farrugia, Senior Lecturer at the Faculty of Laws within the University of Malta, and Council of Europe expert for the Child Access to Justice initiative, made a brief presentation on the topic, following which a discussion ensued. Dr. Maureen Cole acted as chairperson for the discussion. An overview was given of the situation of children’s access to justice within the local context, including obstacles which currently prevent children from accessing justice themselves, as effectively as they could. The discussion touched on the fact that at present, one child advocate exists for all Malta and Gozo on a part-time basis (although efforts are underway to introduce further child advocates imminently.) Should a child wish to make contact with a child advocate him or herself, they are presently unable to do so in a direct and child-friendly manner. A child advocate may presently be recommended by a mediator, appointed by a judge, or requested by the parents of the child. There exists no possibility for a child to request the services of a child advocate him or herself.

The discussion thus highlighted the fact that children themselves find it difficult to attain justice in an age appropriate and timely manner, where the need arises. This process of enabling children to attain justice would necessitate that children are granted access to information, thus enabling them to make an informed choice regarding whether or not to participate in court proceedings, and to participate in a child friendly manner should they choose to do so. Changes in attitudes towards children would be necessary in this respect, in order to enable adults in the Family Justice System to support and empower children to participate. Present obstacles should be alleviated in realizing this essential human right for a child “who is capable of forming his or her own views…to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child.” [Article 12, UN Convention on the Rights of the Child].

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