Malta: "Reporting child abuse should be made mandatory", minister Dolores Cristina insists

Malta Independent on Line
Francesca Vella

Minister for Education, Employment and the Family Dolores Cristina is insisting that reporting child sex abuse should be made mandatory and any amendments to the current legislation should ensure that the law provides for children’s complete protection.

Ms Cristina made her comments in an interview with The Malta Independent on Sunday exactly one month after Pope Benedict’s visit to Malta, during which he met eight men who say they were abused by priests as children.

Reports of child sex abuse cases by members of the clergy have rocked the Catholic Church over the past couple of months, and the Vatican has issued new guidelines which specify that child sexual abuse cases should be reported to the police if required by law.

However, both Monsignor Charles Scicluna, the Promoter of Justice in the Congregation for the Doctrine of Faith, and Judge Victor Caruana Colombo, head of the Archbishop’s Curia’s Response Team, have confirmed that, as matters stand, Maltese law does not oblige anyone to report cases of sex abuse.

Prime Minister Lawrence Gonzi said recently that the government is open to talks with regard to possible changes to the law regulating child abuse investigations.
While saying that a number of laws affecting children have been updated or introduced for the first time, Ms Cristina said: “I am all for making sure that legislation covers child abuse completely. Every case of child abuse has to be reported to the police and action has to be taken.

“When there is a case of alleged child abuse, nobody has a right to protection. It is in the best interest of children for cases to be reported by whoever is aware of them.”

Minister calls for a children’s rights NGO

Education, Employment and the Family Minister Dolores Cristina has called for a non-governmental organisation that works specifically in favour of children’s rights.

In an interview with this newspaper, Mrs Cristina said she’s always felt the lack of a strong parents’ organisation for children or some kind of NGO.
“We haven’t got an NGO whose aim is specifically to give children a voice. We need a strong organisation consisting of professionals, teachers, parents and anyone else interested in protecting children.

“We have school councils; we have NGOs working in favour of disabled children, but not a single organisation that works specifically for children. The Commissioner for Children’s office is not an NGO.”

Speaking about children in residential care, Mrs Cristina explained that no matter how good the care provided in residential homes run by the Church, the best place for children is within the family.

Keeping this in mind, as well as the ageing population among nuns and other members of the clergy, the government will be investing in projects by means of which small groups of children (a maximum of 10) will be given the opportunity to live in a house. A pilot project is currently underway at a Balzan residence that houses six boys.

Apart from that, said Mrs Cristina, there is also a group of children with challenging behaviour living in another residence owned by the Church in Zejtun. The project is funded by the government, run by Richmond Foundation, in a property owned by the Church.
“Little by little, we have to move away from the idea of institutionalisation,” said Mrs Cristina.

Asked about Lourdes Home in Gozo, which was closed down in 2008 after allegations of physical abuse on children were confirmed, Mrs Cristina said would love to have it re-opened in partnership with the Church. Recently, Gozo Bishop Mario Grech expressed a desire to have it re-opened. Mrs Cristina said: “The government has no problem having a partnership with the Church on another project”.

Going on to speak about fostering, the minister said the country is very lucky to have a good number of couples interested in fostering, some of whom have children of their own.
She said fostering is intended to give children the opportunity to live within a substitute family with the aim of some day returning to their natural family.

At the same time, Mrs Cristina urged the courts to use the power to free children for adoption if their natural parents do not show an interest in the child who is institutionalised or in foster care for a period of 18 months.
“The Adoptions Act gives the courts this power, but it uses it minimally. The courts should use this power more frequently, because it is totally unfair for children to live in an institution when they had the opportunity to live in the family.

“We’re talking about parents who do not show that they are genuinely working towards being able to one day take their child back into their family. Why should children be deprived of growing up in a family environment, simply to defend parental rights? Children are not the possessions of parents. They are family members in their own right.”

Mrs Cristina said that in the past few years the government has updated and introduced various pieces of legislation that affect children. She mentioned, among others, the Adoptions Act, which was revised, as well as the introduction of the Commissioner for Children’s Act and the Fostering Act.
There is definitely other legislation that needs to be looked into, said the minister. Take corporal punishment, she said; the law refers to “reasonable chastisement”.“But what is reasonable chastisement? We need to make certain clarifications. Let’s not take it as far as saying that smacking a child on the hand is chastisement; we have to be practical. But it is certainly not reasonable chastisement to beat up a child with a belt.”

Going on to speak about children of parents who are going through separation proceedings, Mrs Cristina said: “We have to make sure that children have a voice and access to advocacy in their own name”.

The courts have to take children’s interests into consideration, and if the child is old enough to express an independent opinion, then s/he should be heard in court.

“Children are the vulnerable ones in such situations and they should be given priority in court. Young children’s views could be represented by means of social workers, but children who can openly express their views should be heard in court.”

The minister also spoke in detail about child sex abuse, saying that reporting should be mandatory. Child abuse cases need to be uncovered, she insisted.

“If I know of a child sex abuse case and I fail to report it, yes I should be held responsible. We need to ensure that children are completely protected.”