Children must be heard, but action must follow

Our children are our future. It is therefore in everybody's interest that they are well looked after. Besides the important fact that it is the workers of tomorrow who will provide for the next generation of pensioners, today's children are also the country's future leaders, doctors, judges, teachers, communicators, builders, plumbers etc. etc.

The time when "children should be seen and not heard" is long gone, and the importance of listening to what children have to say is now widely acknowledged.

But it is not just the listening that is important; action has to be taken to ensure that children's rights are upheld.

The UK has had a Children Act since 1989, and Malta ratified the United Nations Convention on Children's Rights in 1990. In her speech to the UN assembly dealing with children in May 2002, Helen D'Amato, who chaired the Maltese parliamentary committee on Social Affairs, explained what Malta was doing to improve children's rights.

A legal office specialising in children's rights and providing advocacy for children, a family court and a Children's Commissioner were to be set up, she told the assembly, and a draft Bill for a Children Act (to be enacted to bring together all legislation pertaining to children and strengthen existing regulations) was already with the Minister for Social Policy.

However, the UN committee got the impression that the Bill had already been laid on the Table in Parliament, which it had not.

It is a shame that although all the other items mentioned by Mrs D'Amato in 2002 have been implemented, we still do not have a Children Act in place. And because the Bill was drafted five years ago it now has to be updated.

Such an Act is essential to, most importantly, give children a voice and to enable social workers, teachers, lawyers, the judiciary and parents or guardians to work together within a legal framework for the best interests of children.

That is why the Commissioner for Children was established. The Commissioner's role is similar to that of an Ombudsman. But whereas the Ombudsman looks after all citizens' rights in relation to government and local authorities, the Children's Commissioner defends children's rights on a much wider spectrum to include their welfare as a whole.

It could be teachers, parents, an institution, or the State that are withholding a child's right to be heard; or it could be the level of health care, fostering or adoption that needs to be addressed.

In short, anything that could be infringing a child's right is the concern of the Commissioner for Children.

This is a mammoth task for a country where child obesity has even overtaken that of the US, where children are too often used as footballs between warring parents, and where very difficult children, disowned by their parents, end up in either a mental hospital or in prison.

The Commissioner, Sonia Camilleri, released her first report on Wednesday. In her recommendations she urged the vital need for a comprehensive Children Act. This is because the Minister for the Family and Social Solidarity (MFSS), Dolores Cristina, is proposing getting the legislation through piecemeal.

The minister said at the press conference launching the report that this was necessary since the passing of a comprehensive law will take several years, and it was therefore important to start getting through some items, like fostering, as soon as possible.

Although Mrs Camilleri recognised that it was positive that legislation on fostering would soon be passed, she still insisted that comprehensive legislation to cover all the problems facing the children in Malta should be enacted as soon as possible.

"Firstly, because of all the children (and there are many) who are suffering because of difficult family situations, which is reflected in their participation in the classroom. Court delays, school pressures and the lack of social services are all worsening these children's lot.

"Although much has been achieved, there is a lot more to be done. Secondly, there are not enough structures and even less therapeutic programmes to help children - who for various reasons, are very difficult to handle because of their erratic behaviour - get over their aggressive attitude and help them grow into mature adults.

"Teachers, social workers, the Church and magistrates do not know what to do with such children, since often their own parents will not take them on.

"This problem is one I intend to fully explore this year, and I am here appealing for the contribution of all who work in this area, to help us reach some solutions", Mrs Camilleri said at the press conference.

The children mentioned above are ending up either at Mount Carmel Hospital or in prison, so surely this area needs legislation as desperately as fostering.

And it is not only a comprehensive Children Act that Mrs Camilleri is pushing for. She also wants to have effective staffing to enable her to do her job.

At the moment her job is meant to be a part-time post (15 hours a week), she obviously works many more hours, as can be gathered from her report.

There are two full-time staff, both paid for by Mrs Cristina's ministry, a secretary and a research assistant, Daniela Debono, who in fact assists Mrs Camilleri with almost everything.

Ruth Farrugia, the Commission's part-time lawyer, is only meant to work two hours a week. She also works well over her time allocation. She is also paid by MFSS. The other member of staff on loan from the Ministry of Education is also a part-timer.

There is no doubt that the human resource allocation is just not adequate for the enormous task the commission has to work on.

On education - streaming, illiteracy, special needs and bullying are some of the items reported on, and the commissioner concluded that the Development Plan for schools was a very positive step in the right direction.

However, monitoring to ensure the plan is being implemented is essential, said the report.

The juvenile court, criminal court, family court, the section for children and youth at the Corradino Corrective Facility (YOURS), and alternative systems for the rehabilitation of young offenders are also tackled.

The report tells us that the only alternative rehabilitation facility for the young is for those convicted of drug related offences. It also points out that rather than being helped to reintegrate into society the rate of re-offending by the young stands at 87 per cent.

"We need to invest in the rehabilitation of these youngsters, firstly for their well being and also for the good of society. It costs the taxpayer Lm150 per day, every time these youngsters re-offend," says the report.

Smoking, health in schools, drugs, sexual behaviour and the youth section at Mount Carmel are some of the issues dealt with under "children and health".

On the services children require, the report states that although there are many such services, they cannot cope with demand. "On this issue I believe that the broadcasting media have a great responsibility with regard to the kind of programmes being aired and the opinions being broadcast.

"This is why I insist on the importance of the inclusion of media education in the schools.

"If our children and young people follow in the steps of role models who perpetuate violence, promiscuity and selfishness, which are currently being presented in the media, they will not mature and will grow into irresponsible adults who will continue to cause problems for themselves and others.

"They will be caught in a vicious circle, which will also encircle their children who will not have much of an opportunity to do better than their parents.

"These are the problems which need immediate attention", said the Commissioner for Children in her report.

There is no doubt that the Commission needs all the help it can get. It is performing an incredibly valuable service to children in particular and society in general. It needs a decent budget to carry on with the indispensible work it has started and intends to carry on with.

phansen@timesofmalta.com