How effective Is recent Maltese legislation at curbing child abuse?

Abstract

This dissertation asks whether the means and measures that are being adopted by the Maltese authorities, enshrined in Maltese legislation, are sufficient to ensure the protection of minors and the effective prosecution of the offenders. It begins by analysing various articles of the Maltese Criminal Code, together with relevant jurisprudence and definitions by legal jurists in order to examine the six types of child abuse. The paper then proceeds to scrutinise Chapter 518 – Protection of Minors (Registration) Act with particular focus on the register, scheduled offences and the relevant procedures that need to be adhered to before employing an individual in the relevant entities. Moreover, in the next section, the paper analyses Chapter 569 of the Laws of Malta: Child Protection (Alternative Care) Act and Chapter 602 of the Laws of Malta: Minor Protection (Alternative Care) Act and compares and contrasts any new measures which the legislator felt the need to include when introducing Chapter 602, which effectively replaced and repealed Chapter 569. This section also analyses important measures such as Mandatory Reporting and the different types of orders that the Court may issue in order to further increase the protection of children from any further abuse. The next section is then dedicated to the proceedings of child abuse, mainly by discussing the type of evidence in cases of abuse and the role of the child advocate in the course of proceedings. The last section is dedicated to the shortcomings of the Maltese domestic legal system in dealing with cases of child abuse. Finally, recommendations are made which the author believes will increase the identification of cases of abuse, for the better protection of children, and to increase the effective prosecution of abusers.