A comparative study between Malta and a number of EU member states on the legislative roles and functions of the Ombudsmen, Commissioners or Commissions for Children

Abstract

The aim of this thesis is to study and compare a number of EU Member States in their legislative roles and functions regarding their respective Commissioner, Ombudsman or Commission for Children and how these compare with the domestic legislation. The thesis will provide an overview of the historical perspective of the different forms of appointment of the Commissioner/Ombudsman in relation to the United Nations Convention for the Rights of the Child and the European Convention on the Exercise of Children's Rights. The study will investigate the legal definitions of what is understood by 'Commissioner', 'Ombudsman' and 'Council' for Children. It will deal with the issue of whether these three legal entities have the same roles and the title used is therefore interchangeable, or whether these are three separate titles with three specific functions and roles. The study will delve into the structures and systems through which the powers delegated to such Ombudsmen, commissioners or councils for children are derived from, such as those provided by Monarchs, Presidents, Prime Ministers, Parliaments, or other statutory bodies. The relative individual legislations will be seen on a European level and the thesis will also go into the North, South, East and West divide. The Maltese legislation on the Commissioner for Children will be mapped within this geographic-legal framework. An interview was conducted with the Commissioner for Children in order to establish her perception of her roles and functions as well as the functions of other posts within her office. The roles and functions of the Office of the Commissioner for Children were investigated through their annual reports which provided or omitted proposed amendments to the current legislation. As a conclusion, the thesis provides legislative amendments including recommendations for practical issues that need to be addressed within the socio-legal environment in Malta, and a draft legislation.