Distr.

GENERAL

CRC/C/15/Add.129
28 June 2000

Original: ENGLISH

Concluding Observations of the
Committee on the Rights of the Child : Malta.
28/06/2000.

CRC/C/15/Add.129.
(Concluding
Observations/Comments)

Convention Abbreviation: CRC

COMMITTEE ON THE RIGHTS OF THE
CHILD

Twenty-fourth session

CONSIDERATION OF REPORTS SUBMITTED BY STATES
PARTIES
UNDER ARTICLE 44 OF THE
CONVENTION

Concluding observations of the Committee on
the
Rights of the
Child

MALTA

1. The Committee considered the initial report
of Malta (CRC/C/3/Add.56) submitted on 26 December 1997, at its 633rd and 634th
meetings (see CRC/C/SR.633-634), held on 26 May 2000, and adopted, at the 641st
meeting, held on 2 June 2000, the following concluding observations.

A. Introduction

2. The Committee welcomes the submission of the
State party's initial report, which follows the guidelines for reporting as well
as the detailed and informative written answers to the list of issues
(CRC/C/Q/MALT.1). The Committee is encouraged by the fruitful and constructive
dialogue it had with the State party's delegation and welcomes the positive
reactions to the suggestions and recommendations made during the discussion. The
Committee regrets that the head of the State party's delegation was not a
government official. Nevertheless, the Committee appreciated the delegation's
high level of expertise on children's rights, which enabled the Committee to
assess fully the situation of the rights of the child in the State party.

B. Positive aspects

3. The Committee welcomes Malta becoming party
to the main human rights international instruments as well as to the European
Convention on Recognition and Enforcement of Decisions concerning Custody and on
Restoration of Custody of Children (1999), the European Convention on the
Exercise of Children's Rights (1999), and the Council of Europe Framework
Convention for the Protection of National Minorities (1998).

4. The State party's accession to the ILO
Convention concerning Minimum Age for Admission to Employment (No. 138) is
welcomed by the Committee.

5. The Committee welcomes the translation of the
Convention into Maltese.

C. Principal areas of concern and
recommendations

1. General measures of implementation

Reservation to the Convention

6. The Committee notes that the reservation to
article 26 of the Convention entered by the State party upon ratification of
this international instrument may have an adverse effect on the existing levels
of social services and benefits for children.

7. In light
of the 1993 Vienna Declaration and its Programme of Action, the Committee
recommends that the State party review the reservation made to article 26 of the
Convention with a view to withdrawing it.

Legislation and status of the
Convention

8. While noting that a draft bill, entitled "The
Children Act", is being considered by Parliament and that this bill will
consolidate into one law all existing provisions relating to children's rights,
the Committee expresses its concern at the fact that the Convention has not yet
been fully incorporated into the legislation. The Committee is also concerned
over the status of the Convention within the legal system of the State party,
specially concerning the resolution of conflicts between the Convention and the
State party's legislation.

9. The
Committee recommends that the State party continue taking effective measures to
incorporate all the principles and provisions of the Convention into its
domestic legislation and encourages the State party to expedite the enactment of
a consolidated law on children's rights.

Coordination and monitoring

10. Although the Committee is aware of the State
party's initiatives to review the role of the Social and Family Welfare
Department, which is the governmental institution in charge of coordinating and
monitoring the implementation of the Convention, it is concerned about its
limitations in performing its mandate effectively. In this regard, the Committee
also notes with appreciation that the State party is giving consideration to the
establishment of an Ombudsperson for Children to strengthen the monitoring of
the implementation of the Convention.

11. The
Committee recommends that the State party continue with its process of reform
with a view to strengthening coordination of the implementation of the
Convention. The Committee further recommends that the State party take effective
measures to guarantee broader levels of representation in all actors involved in
the implementation of the Convention in the existing coordination
mechanism.

12. The
Committee encourages the State party to establish an independent mechanism (e.g.
an Ombudsperson for Children) to strengthen the monitoring of the implementation
of the Convention. The Committee suggests that this mechanism be made easily
accessible to children and that it deal with complaints of violations of their
rights in a child-friendly manner and provide effective remedies for such
violations. The Committee further suggests that the State party conduct
awareness-raising campaigns to facilitate the effective use by children of the
mechanism.

Data collection

13. While aware that the State party's report
and the responses to the list of issues include statistics on the situation of
children's rights, the Committee remains concerned at the limited coordination
in the collection of data for all areas covered by the Convention.

14. The
Committee recommends that the State party continue updating its data collection
system with a view to including all areas covered by the Convention. Such a
system should include all children under 18 years of age and specifically
emphasize vulnerable groups of children (i.e. children with disabilities,
children born out of wedlock, refugee children and children belonging to
minority groups) as a basis for assessing progress achieved in the realization
of children's rights and to help design policies for better implementation of
the provisions of the Convention.

Budget allocations

15. The Committee takes note of the State
party's child-oriented policy, entitled "A Caring Society in a Changing World",
which is currently being discussed.
Nevertheless, it expresses its concern at
the fact that there is still no comprehensive national policy for the
implementation of children's rights in accordance to article 4 of the
Convention.

16. The
Committee recommends that the State party give priority to the full
implementation of article 4 of the Convention and ensure the appropriate
distribution of resources. Budget allocations for the implementation of the
economic, social and cultural rights of children should be ensured "to the
maximum extent of available [...] resources" (art. 4). The Committee also
recommends that the State party take effective measures for the full
implementation of a national policy on the rights of the child, with due regard
to the holistic nature of the Convention.

Dissemination of the Convention

17. While aware of the measures taken to promote
awareness of the principles and provisions of the Convention, the Committee
expresses its concern about the limited nature of these measures.

18. The
Committee recommends that the State party strengthen its efforts to disseminate
the principles and provisions of the Convention as a measure to sensitize
society about children's rights. In this regard, the Committee encourages the
State party to continue with its plans to publish a child-friendly version of
the Convention. Awareness-raising among the public at large as well as
educational programmes on the implementation of the principles and provisions of
the Convention should also be reinforced.

Training for professionals

19. Although it is noted that the Convention is
made known in law schools, the Committee expresses its concern at the lack of
training activities for professional groups working with and for children.

20. The
Committee recommends that the State party undertake systematic education and
training programmes on the provisions of the Convention for all professional
groups working for and with children, such as judges, lawyers, law enforcement
officials, civil servants, personnel working in institutions and places of
detention for children, teachers, health personnel, including psychologists, and
social workers.

2. Definition of the child

21. The Committee acknowledges
that the State party is reviewing its legislation to include a minimum legal age
for medical counselling without parental consent. Nevertheless, concern is
expressed that at present the minimum legal age for such counselling is set at
18 years. Concern is also expressed that the minimum legal age for criminal
responsibility, set at 9 years, is too low.

22. The
Committee recommends that the State party review its domestic legislation
regarding the minimum legal ages for criminal responsibility and for access to
medical counselling without parental consent to bring them in accordance to the
principles and provisions of the Convention, especially the best interests of
the child.

3. General principles

Non-discrimination

23. Although the Committee takes note that the
draft Children Act will eliminate the use of discriminatory terms in the State
party's legislation, concern is nevertheless expressed at the use of the terms
"illegitimate child" or "natural child", especially with regard to the
succession rights of such children. Concern is also expressed at the alleged
reports that expressions with racial connotations have been used by the State
party's officials to refer to children belonging to immigrant families in an
irregular situation.

24.
The Committee recommends that the State party continue
reviewing its domestic legislation with a view to eliminating the use of the
terms "illegitimate child" and "natural child". The Committee also recommends
that the State party take effective measures to combat and prevent acts of
racial discrimination against children belonging to immigrant families.

Best interests of the child

25. While the Committee is aware that some
measures have been adopted to incorporate the principle of best interests of the
child, the Committee is of the opinion that these principles are not
sufficiently taken into account, especially within the family, the school, in
care institutions and in the justice system.

26. The
Committee recommends that the principle of the best interests of the child be
included in all relevant legislation affecting children and taken into account
in all administrative and judicial decisions, as well as in all policies and
programmes related to children.

4. Civil rights and freedoms

Participatory rights of children

27. With regard to children's participatory
rights, concern is expressed about the insufficient measures taken by the State
party, especially to promote the participation of children in the family, in the
community, at schools and other social institutions, and to ensure the effective
enjoyment of their fundamental freedoms.

28. In light
of articles 12-17 of the Convention, the Committee recommends that further
measures be taken to promote the participation of children in the family, at
school and other institutions, and the effective enjoyment of their fundamental
freedoms, including the freedoms of opinion, expression, and association. Public
awareness of the participatory rights of children needs to be increased in
families, communities, institutions and schools.

Ill-treatment

29. While the Committee takes note that the use
of corporal punishment in schools has been prohibited and that the draft
Children Act includes a prohibition on physical punishment, it remains concerned
that corporal punishment and "reasonable chastisement" in the home is not
legally banned.

30. The Committee recommends that the State
party take all effective measures, including legal ones, to include an explicit
prohibition on the use of corporal punishment in the home; to ensure that this
prohibition is adequately monitored and enforced, both at home and in the
schools; and to promote positive, non-violent forms of discipline as an
alternative to corporal punishment in the home.

5. Family environment and alternative
care

Alternative care measures.

31. Although the Committee notes that the draft
Children Act includes reforms to strengthen the current procedures governing
adoption and foster care, it expresses its concern about the lack of
compatibility of the existing procedures for intercountry adoption with the
principles and provisions of the Convention.
Concern is also expressed about children's
long stay in residential care (children's institutions) and about the limited
alternative care measures for children deprived of a family environment.

32. The
Committee takes note that the State party is considering accession to the Hague
Convention on the Protection of Children and Cooperation in Respect of
Intercountry Adoption of 1993 and encourages the State party in this regard. The
Committee recommends that the State party bring its legislation on domestic and
intercountry adoption into line with the principles and provisions of the
Convention. Furthermore, the Committee recommends that the State party continue
with its plans to develop and promote alternative care measures for children
deprived of a family environment (e.g. adoption and foster care).

Child abuse and neglect

33. While the Committee takes note of the
measures taken to investigate and protect children from abuse, such as the
establishment of a telephone helpline for children, it expresses its concern at
the limited information available to determine the scope of child abuse; at the
limited measures available for the rehabilitation of child victims of abuse; and
at the insufficient awareness within society regarding the harmful consequences
of ill-treatment and abuse, including sexual abuse of children, both within and
outside the family.

34. In light
of, inter alia, articles 19 and 39 of the Convention, the Committee
recommends that the State party take effective measures, including the
establishment of multi-disciplinary programmes and rehabilitation measures, to
prevent and combat child abuse and ill-treatment of children within the family,
at school and in society at large. It suggests, inter alia, that
law enforcement should be strengthened with respect to such crimes; that
adequate child-friendly procedures and mechanisms to deal with complaints of
child abuse should be reinforced in order to provide children with prompt access
to justice and investigative procedures to avoid their double victimization; and
that perpetrators of such crimes should be brought to justice. Furthermore,
educational programmes should be established to combat traditional attitudes
within society regarding this issue.

6. Basic health and welfare

35. Concern is expressed at the State party's
low breastfeeding rate and at the high rate of child obesity.

36. The
Committee recommends that the State party take effective measures to increase
and promote the use of breastfeeding practices and to continue and strengthen
its special programmes to address the issue of child obesity and promote a
healthy lifestyle among children.

Children with disabilities

37. While the Committee is aware that the State
party has established a National Policy on Special Education for children with
disabilities, it expresses its concern about the fact that there is a
considerable social stigma attached to this group of children and that this
situation represents a barrier to their social integration. Concern is also
expressed about the limitations faced by voluntary organizations in addressing
in a comprehensive manner all the needs of children with disabilities.

38. In light
of the Standard Rules on the Equalization of Opportunities for Persons with
Disabilities (General Assembly resolution 48/96) and of the Committee's
recommendations adopted on its day of general discussion on children with
disabilities (CRC/C/69), the Committee recommends that the State party implement
alternative measures to the institutionalization of children with disabilities;
envisage awareness-raising campaigns to eliminate discrimination against them;
establish special education programmes and encourage the inclusion and social
reintegration of disabled children in the educational system and into society;
and establish adequate monitoring of private institutions for children with
disabilities.

Adolescent health

39. The Committee expresses its concern at the
increasing rate of teenage pregnancy; at the insufficient access by teenagers to
reproductive health education and counselling services, including outside
school; and at the lack of a structured policy on health education. Concern is also
expressed that insufficient attention has been given to issues of adolescents
mental health, and alcohol consumption, and that there is a shortage of
psychologists.

40. The
Committee recommends that the State party take effective measures to develop
adolescent-friendly health policies and strengthen reproductive health education
and counselling services. The Committee further recommends that the State party
strengthen its programmes on adolescent mental health and continue developing
effective educational campaigns to discourage alcohol consumption among
children.

7. Education, leisure and cultural
activities

41. Although the Committee welcomes the State
party's achievements in the field of education, it expresses its concern about
issues of illiteracy and absenteeism and bullying in schools.

42. The
Committee recommends that the State party continue strengthening its educational
programme with a view to improving its quality and relevance. The Committee
further recommends that the State party seek to implement additional measures to
encourage children to stay in school, particularly during the period of
compulsory education. The Committee further recommends that the State party
conduct continuous training programmes for teachers on human rights, including
children's rights.

8. Special protection measures

Refugee children

43. While the Committee takes note that a bill
on a Refugees Act is currently being debated in Parliament, concern is expressed
at the lack of domestic legislation for the protection of unaccompanied,
asylum-seeking and refugee children and on family reunification of refugees, and
at the limited access of refugee children to education, health services and
housing.

44. The
Committee recommends that the State party enact legislation on asylum procedures
and family reunification of refugees; continue undertaking effective measures to
provide refugee children with access to education, health services and housing;
and establish measures to assist refugee children who are victims of any form of
neglect, exploitation or abuse.

Economic exploitation

45. Although the Committee is aware that child
labour is prohibited by law, it remains concerned at reports of under-age
employment in family businesses and tourism-related activities during the summer
holiday season.

46. The
Committee recommends that the State party fully enforce child labour laws and
that labour inspectorates be strengthened and penalties imposed in cases of
violation. The Committee encourages the State party to ratify the ILO Convention
concerning the Prohibition and Immediate Action for the Elimination of the Worst
Forms of Child Labour, 1999 (No. 182).

Sexual exploitation and abuse

47. The Committee is concerned at the
insufficient data and awareness of the phenomenon of commercial sexual
exploitation of children in the State party, and at the absence of a
comprehensive and integrated approach to preventing and combating this
phenomenon.

48. In light
of article 34 and other related articles of the Convention, the Committee
recommends that the State party undertake a national study on the nature and
extent of commercial sexual exploitation of children with a view to designing
policies and programmes, including for care and rehabilitation, to prevent and
combat this phenomenon. The Committee recommends that the State party take into
account the recommendations formulated in the Agenda for Action adopted at the
World Congress against Commercial Sexual Exploitation of Children held in
Stockholm in 1996.

Administration of juvenile justice

49. The Committee welcomes the establishment of
a special rehabilitation programme for girls in conflict with the law (e.g.
Fejda) and it is encouraged that a similar programme is being considered for
boys. Nevertheless, concern is expressed at the low age of
criminal responsibility (9 years); at the assumption, contained in the State
party's legislation, that a child aged between 9 and 14 years could act with
"mischievous intent"; and at the exclusion of children aged between 16 and 18
years from the juvenile justice system.

50. In light
of articles 37, 40 and 39 of the Convention and other relevant international
standards such as the United Nations Standard Minimum Rules for the
Administration of Juvenile Justice (the Beijing Rules), the United Nations
Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines)
and the United Nations Rules for the Protection of Juveniles Deprived of their
Liberty, the Committee recommends that the State party undertake legislative
reform to raise the minimum age of criminal responsibility; to eliminate the
assumption that a child aged between 9 and 14 years could act with "mischievous
intent"; and to ensure that the juvenile justice system covers all children
under the age of 18.

9. Dissemination of the reports

51. Finally,
in light of article 44, paragraph 6, of the Convention, the Committee recommends
that the initial report and written replies submitted by the State party be made
widely available to the public at large and that the publication of the report
be considered, along with the relevant summary records and concluding
observations adopted thereon by the Committee. Such a document should be widely
distributed in order to generate debate and awareness of the Convention, its
implementation and monitoring within the Government, the Parliament and the
general public, including concerned NGOs.

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