Age and evolving capacity in child law : a critical analysis

Abstract

Under Maltese law, marriage, sexual consent and voting rights have recently been lowered to the age of, sixteen; hence the ability of such civil acts to be performed by minors. In themselves, the three deeds, alongside other acts which may have the same age limit, imply maturity since they require the full comprehension of such a concept prior to performing them. At the same time, the age of sixteen is not perceived as the age wherein full maturity would have been attained, and this can be easily seen by the prohibition of sixteen year olds to conclude contracts. Rather, full maturity, also referred to as the age of legal capacity, is attained at the age of eighteen. For this reason, defining the term ‘maturity’ and how adolescents achieve this psychologically, gains utmost importance. In addition, the term paper aims to examine the different age prescriptions at law, with particular reference to Maltese Family Law. Other legislation, such as rape laws, and civil contracts will also be examined. Reference to other jurisdictions is more likely to be obtained in order to give an overall idea of whether Malta is in line with international children’s rights and international legislation, or whether any lacunae at law must be addressed.