The office of the commissioner for children : effective or idyllic?

Abstract

Last century witnessed the development of children's rights on an International and European Level. Malta too abided by its International obligations in the protection of children's rights, particularly by enacting laws which reflect such commitment. However, laws must be implemented. The need for the establishment of a Children's Commissioner in Malta was supported by several international institutions, including the Committee on the Rights of the Child. This institution's success is reflected in 34 countries world-wide. The Commissioner's role, as assisted by the Council for Children, is to induce awareness of children's rights, to assert such rights in the legal and administrative framework and to monitor child services, but most of all to give children a voice. The 'Commissioner for Children Act' has further equipped the Commissioner with the power to investigate on complaint or even on own initiative, as well as to issue recommendations, child impact statements and compliance orders. The limited provision of human and financial resources makes it impossible for the Commissioner to fulfil her mandate completely. Prioritization and cooperation with NGOs, National and intergovernmental entities was therefore necessary. The Commissioner's independence is key to the effectiveness of the Office. The Commissioner's budget, headquarters and appointment of staff by the Ministry, as well as the Commissioner's renewable mandate all impinge upon the Commissioner's independence. The Commissioner's first annual report together with an analysis of the national and local situation, prove the necessity of an effective Commissioner. Achievements have already been made. Some recommendations however, demand further perseverance. The Office of Commissioner for Children in Malta was welcome by many. Expectations are high but resources are low. The commitment to support in making the Office an accessible major source of system change and a powerful advocate for children must follow suit.