Submitted by keti on
This report is part of CRIN's access to justice for children project, looking at the status of the Convention on the Rights of the Child (CRC) in national law, the status of children involved in legal proceedings, the legal means to challenge violations of children’s rights and the practical considerations involved in challenging violations.
Malta has ratified the CRC and enacted a number of laws intended to harmonise national law with the CRC. However, not all Maltese laws are in full compliance with the CRC and Malta has not yet undertaken a comprehensive review of its legislation to ensure compliance. There appears to be no legal basis for enforcement of rights guaranteed by the CRC that are not protected under analogous implementing legislation. In case of a violation of child rights, claims on behalf of a minor can be brought in court by a parent exercising parental authority, or in the absence of such parent, by a tutor or a curator. However, there are certain exceptions to this rule. There are two options for receiving legal aid: an application for legal aid can be submitted to Malta’s Civil Court and an oral demand can be made to the Advocate for Legal Aid. The Juvenile Court hears charges against, or other proceedings relating to, a child or young person, defined as a person who is under the age of sixteen years. The limitations period does not run against minors in Malta in civil matters.
