Rights of the unborn child recognised at law

Malta has started to recognise the rights of the unborn child after parliament last week approved in all stages a law setting up the Commissioner for Children.

The parliamentary secretary at the Ministry of Social Policy, Dolores Cristina, said yesterday that the rights of the unborn child were included in an amendment to the clause on the commissioner's functions, the amendment being approved unanimously.

The amendment is based on the preamble of the Convention on the Rights of the Child which states that "the child, by reason of his physical and mental immaturity, needs special safeguards and care, including appropriate legal protection, before as well as after birth".

Malta ratified this convention in 1990 and signed the European Convention on the Exercise of Children's rights in 1999.

The amendment adds to the commissioner's functions, the promotion of the highest standards of health and social services for women during pregnancy and the promotion of special care and protection, including adequate legal protection, for children both before and after birth.

Mrs Cristina said that although services for pregnant women have been provided by the state for a long time, the law was now binding the state to ensure that such services are available.

The new law had to be accompanied by an educational campaign encouraging women to take care of their health during pregnancy, by not smoking, drinking or abusing drugs.

One had to be made aware of the dangers of passive smoking, which should be prohibited in public places where pregnant women were present.

It would be the task of the Commissioner for Children to take initiatives, she said.

Mrs Cristina said the Commissioner for Children was only one in a series of initiatives being taken by the government.

Conscious that the idea was gaining ground that children may have rights and interests of their own, the Social Policy Ministry had embarked on a number of initiatives aimed at building its capacity to design and assess policies based on a family-friendly approach.

The capabilities of the central agency Appogg were enhanced in 1999 and 2000 and it was provided with increased resources to address the needs of families in crisis and provide specialised child-oriented services.

New legislation on child abduction was piloted in 1999 and in 2001 the cabinet approved the setting up of the National Commission for the Family.

Other important initiatives in the pipeline included the setting up of the Family Court.

This, she said, was envisaged to bring about important changes impacting positively on the state of children's rights, including the introduction of the child advocate in those cases where children's interests were involved.

The Children's Act was also at an advanced stage in the drafting process and would address issues such as adoption, illegitimacy and child care.

All these developments would constitute an effective implementation of the government's commitment to introduce family-friendly policies.

They would upgrade the network of social support services, bringing them in line with social and economic realities. They would also bring Malta in line with its international commitments.

Mrs Cristina noted that another important amendment to the Commissioner for Children Act was suggested by the opposition.

The amendment was to the commissioner's function of fostering the development of alternative care to children who needed such care including a reference to fostering and adoption.