The special vulnerability of minors is recognised by the United Nations Convention of the Rights of the Child (UNCRC), which underlines the need to extend special care and protection to minors on grounds of physical and mental immaturity.
The UNCRC stipulates governments’ responsibility to take protective and preventive measures against all forms of minors’ maltreatment. OECD and non-OECD countries provide for the special vulnerability of minors through specific legalisation and policies across education, health, labour regulations as well as juvenile justice. Specific approaches vary according to countries’ traditions.
This government took this matter seriously and introduced a set of measures to ensure that every minor is treated with respect and is protected against all forms of exploitation, abuse and mistreatment.
We have and will keep investing in a justice system that protects and represents our minors in a more effective manner.
We have also reflected upon the importance to identify deficiencies and shortcomings in our legislation, to further fortify minor protection and ensure that those minors who fall victim to abuse, despite our efforts, receive all the support and aid they need. As a result, we enacted Act LXIV of 2021, which came into effect recently.
This law introduced a new offence of child abduction and widened the offence of sexual grooming while also extending the period of prescription in respect to sexual offences committed on minors.
This act recognised the need to introduce an offence which addresses the unlawful relocation or transfer of a child to a place outside of Malta for more than three days after the permitted period provided by a court of law.
In addition, this law introduced measures that clarify situations where consensual sexual acts are committed by individuals within the same age range.
These new amendments will guarantee that our law courts are not courts of law but courts of justice which deliver fair judgments. Furthermore, this law extends the jurisdiction of the Juvenile Court to all persons under the age of 18, from that of 16.
In cases where a person under 18 is charged before another court together with persons over 18, the Juvenile Court will decide on the procedure of the hearing against the minor. The Juvenile Court is now able to decide whether to carry out the proceedings itself or whether to transfer its jurisdiction to another court.
This law introduced a new offence of child abduction and widened the offence of sexual grooming- Edward Zammit Lewis
Notably, once a hearing is transferred to the other court, the provisions on the protection of the minor’s identity during criminal proceedings found in the Juvenile Court Act are still applicable. These measures will, therefore, give more minors the opportunity to rehabilitate from their crimes and unlawful practices.
We also introduced amendments in the Health Act to grant teenagers aged 16 and above the right to seek medical, psychiatric treatment and counselling without permission from their parents or guardians.
Moreover, we took into consideration grey areas in respect of sexual offences committed on minors. Currently, the period of prescription starts to run on the day the minor turns 18. This act proposes that the period of prescription for sexual offences will start to run once the victim reaches 23, treating the prescription of sexual offences on the same level as the crime of voluntary homicide.
Experience has shown that the abolition of the discretion of the court to grant a punishment below the minimum “for special and exceptional reasons to be expressly stated in detail in the decision” (article 21 of the Criminal Code) has led to several injustices, as, in certain cases involving exceptional circumstances the granting of the minimum punishment would still be disproportionate.
Furthermore, a root-and-branch overhaul will take place with regard to the role of the child’s advocate. The child advocate will be a lawyer who will represent the minor throughout any family proceedings and bear in mind the interests of the minor in question throughout any separation or other family-related proceedings.
This new law is a dynamic piece of legislation which is not tied down to a single or predetermined purpose. These new rules are based on experiences and the lessons learnt from new social challenges and realities. We are the Robert Abela administration that listens and then takes concrete decisions in the interest of our citizens.
We believe in our youths as they will shape the future of this country. We are, therefore, determined not to leave our children, youths and minors to be a silent party throughout our judicial proceedings and throughout their lives.