{"id":2270,"date":"2017-12-12T13:31:15","date_gmt":"2017-12-12T13:31:15","guid":{"rendered":"http:\/\/www.endcorporalpunishment.net\/?page_id=2270"},"modified":"2020-07-21T14:49:36","modified_gmt":"2020-07-21T13:49:36","slug":"malta","status":"publish","type":"page","link":"https:\/\/endcorporalpunishment.org\/reports-on-every-state-and-territory\/malta\/","title":{"rendered":"Malta"},"content":{"rendered":"\n            <div class=\"separator- glacier-section\"  id=\"section-69d79936e1328\">\n            <div class=\"container\">\n                <section>\n                    \n<div class=\"row\">\n\t\n\n<div class=\"col-xs-12 col-sm-6 col-md-3\" style=\"background: transparent  \">\n\t<div class=\"feature-box text-center media-box \">\n    <div class=\"fbox-media\">\n                    <img decoding=\"async\" data-no-retina src=\"\/\/www.endcorporalpunishment.net\/wp-content\/uploads\/2018\/05\/flag-antigua.gif\" alt=\"\" width=\"\" height=\"\" class=\"img-responsive\" \/>\n        \t<\/div>\n\t<div class=\"fbox-desc\">\n        <h2><\/h2>\n        <span class=\"subtitle\"><\/span>\n        \n    <\/div>\n<\/div><\/div>\n\n<div class=\"col-xs-12 col-sm-12 col-md-9\" style=\"background: transparent  \">\n\t\n<div class=\"heading-block text-left heading-block-line\">\n\t<h2 class=\"special-heading\" >Country Report for Malta<\/h2>\n\t<\/div><div class=\"text-block shortcode-container\" >\n\t<p>LAST UPDATED: June 2020<\/p><\/div><\/div><\/div>\n\n\n<div class=\"row\">\n\t\n\n<div class=\"col-xs-12 col-sm-12\" style=\"background: transparent  \">\n\t\n<div class=\"vertical\">    <ul class=\"nav nav-tabs\" role=\"tablist\">\n                    <li class=\"active\"><a href=\"#tabs-69d79936e5d0f0\" role=\"tab\" data-toggle=\"tab\"> Summary<\/a><\/li>\n                    <li ><a href=\"#tabs-69d79936e5d0f1\" role=\"tab\" data-toggle=\"tab\"> Legality <\/a><\/li>\n                    <li ><a href=\"#tabs-69d79936e5d0f2\" role=\"tab\" data-toggle=\"tab\"> UPR<\/a><\/li>\n                    <li ><a href=\"#tabs-69d79936e5d0f3\" role=\"tab\" data-toggle=\"tab\"> Treaty bodies<\/a><\/li>\n                    <li ><a href=\"#tabs-69d79936e5d0f4\" role=\"tab\" data-toggle=\"tab\"> Research<\/a><\/li>\n            <\/ul>\n\n    <div class=\"tab-content\">\n                    <div class=\"tab-pane active\" id=\"tabs-69d79936e5d0f0\">\n                <h3>Summary of necessary legal reform to achieve full prohibition<\/h3><p>Law reform has been achieved. Corporal punishment is prohibited in all settings, including the home.<\/p>            <\/div>\n                    <div class=\"tab-pane \" id=\"tabs-69d79936e5d0f1\">\n                <h3>Prohibition of corporal punishment<\/h3><h3>Home<\/h3><p>Corporal punishment is unlawful in the home under a 2014 amendment to the Criminal Code. Prior to reform, article 339 of the Criminal Code had made it an offence for a person who \u201cbeing authorised to correct any other person, exceeds the bounds of moderation\u201d, thus allowing the use of \u201cmoderate\u201d corporal punishment in childrearing. In February 2014, this article was amended by the Criminal Code (Amendment No. 3) Act 2014 so that a clause was added which states: \u201cProvided that, for the avoidance of any doubt, corporal punishment of any kind shall always be deemed to exceed the bounds of moderation.\u201d The amendment achieves legal clarity that the infliction of any kind of corporal punishment constitutes a crime against the person.<\/p><p>Some legislation must still be formally amended to bring it into line with the prohibition of corporal punishment. The Civil Code 1870 states that a parent may be deprived of the rights of parental authority \u201cif the parent, exceeding the bounds of reasonable chastisement, ill-treats the child, or neglects his education\u201d (art. 154), and the Criminal Code includes a reference to \u201clawful correction\u201d in article 229. In light of the 2014 reform to article 339 of the Criminal Code, these provisions no longer amount to a defence for the use of corporal punishment in childrearing. Nevertheless, they should be amended\/repealed so as to achieve absolute consistency in law.<\/p><p>The National Children\u2019s Policy 2017 and the National Strategic Policy on Positive Parenting 2016-2024 both highlight the need to promote positive parenting to implement the ban.<\/p><p><strong>\u00a0<\/strong><\/p><h3>Alternative care settings<\/h3><p>Corporal punishment is unlawful in alternative care settings under article 339 of the Criminal Code, as amended by the Criminal Code (Amendment No. 3) Act 2014 (see under \u201cHome\u201d).<\/p><p>&nbsp;<\/p><h3>Day care<\/h3><p>Corporal punishment is unlawful in early childhood care and in day care for older children under article 339 of the Criminal Code, as amended by the Criminal Code (Amendment No. 3) Act 2014 (see under \u201cHome\u201d).<\/p><p>&nbsp;<\/p><h3>Schools<\/h3><p>Corporal punishment is unlawful in schools under article 339 of the Criminal Code as amended in 2014 (see under \u201cHome\u201d). Article 62 of the Education Act 1988 (amended 2006) addresses good behaviour and discipline in schools and makes no provision for corporal punishment.<\/p><p>&nbsp;<\/p><h3>Penal institutions<\/h3><p>Corporal punishment is unlawful as a disciplinary measure in penal institutions under article 339 of the Criminal Code as amended in 2014 (see under \u201cHome\u201d).<\/p><p>&nbsp;<\/p><h3>Sentence for crime<\/h3><p>Corporal punishment is unlawful as a sentence for crime. It is not available as a sentence under the Criminal Code, the Children and Young Persons (Care Orders) Act 1980 and the Juvenile Court Act.<\/p>            <\/div>\n                    <div class=\"tab-pane \" id=\"tabs-69d79936e5d0f2\">\n                <h3>Universal Periodic Review of Malta\u2019s human rights record<\/h3><p>Malta was examined in the first cycle of the Universal Periodic Review in 2009 (session 5). The following recommendation was made:<a href=\"#_ftn1\" name=\"_ftnref1\">[1]<\/a><\/p><p style=\"padding-left: 30px;\">\u201cExplicitly and entirely prohibit any kind of corporal punishment of children by law, even in cases of so-called \u2018reasonable chastisement\u2019 within the family (Italy and Germany)\u201d<\/p><p>The Government rejected the recommendation, stating: \u201cThe intervention made by the Maltese delegation on 6 May 2009 explained that this was a misconception and in fact there is nothing to suggest that corporal punishment is permitted under Maltese Law, vide also paragraph 77 of the draft report on Malta (A\/HRC\/WG.6\/5\/L.6). If any reasonable chastisement tantamounts [sic] to even slight bodily harm, this is an offence against the person. Hence, Malta cannot accept this recommendation.\u201d<a href=\"#_ftn2\" name=\"_ftnref2\">[2]<\/a><\/p><p>Examination in the second cycle took place in 2013 (session 17). In its national report to the UPR, the Government stated again that the provision for \u201creasonable chastisement\u201d in the Civil Code does not legalise corporal punishment and briefly described work in schools to raise awareness about physical discipline and to prevent physical abuse.<a href=\"#_ftn3\" name=\"_ftnref3\">[3]<\/a> The following recommendation was made:<a href=\"#_ftn4\" name=\"_ftnref4\">[4]<\/a><\/p><p style=\"padding-left: 30px;\">\u201cProhibit and eliminate corporal punishment of children, as this is a key obligation under the Convention on the Rights of the Child and other international human rights instruments (Maldives)\u201d<\/p><p>The Government accepted the recommendation.<a href=\"#_ftn5\" name=\"_ftnref5\">[5]<\/a> It reported the achievement of prohibition of corporal punishment to the Human Rights Council at its 25<sup>th<\/sup> session: \u201cMalta also announced that, by amending the Criminal Code, it would be prohibiting punishment in all forms, both in the home and in alternative care settings, thereby confirming that proper respect for human rights, in particular, for the rights of the child, requires that children should never undergo corporal punishment. To this end, this new legislation in Malta has considered reference to \u2018bounds of reasonable chastisement\u2019 as no longer acceptable.\u201d<a href=\"#_ftn6\" name=\"_ftnref6\">[6]<\/a><\/p><p>Third cycle examination took place in 2018 (session 31). No recommendations specifically on corporal punishment were extended.<\/p><p>&nbsp;<\/p><p><a href=\"#_ftnref1\" name=\"_ftn1\">[1]<\/a> 4 June 2009, A\/HRC\/12\/7, Report of the working group, para. 80(32)<\/p><p><a href=\"#_ftnref2\" name=\"_ftn2\">[2]<\/a> 23 September 2009, A\/HRC\/12\/7\/Add.1\/Rev.2, Report of the working group: Addendum, para. 22<\/p><p><a href=\"#_ftnref3\" name=\"_ftn3\">[3]<\/a> 23 July 2013, A\/HRC\/WG.6\/17\/MLT\/1, National report to the UPR, paras. 110, 111 and 112<\/p><p><a href=\"#_ftnref4\" name=\"_ftn4\">[4]<\/a> 1 November 2013, A\/HRC\/WG.6\/17\/L.15 Unedited Version, Draft report of the working group, para. 102(72)<\/p><p><a href=\"#_ftnref5\" name=\"_ftn5\">[5]<\/a> 11 March 2014, A\/HRC\/25\/17\/Add.1, Report of the working group: Addendum, para. 75<\/p><p><a href=\"#_ftnref6\" name=\"_ftn6\">[6]<\/a> 27 March 2014, A\/HRC\/25\/2 Advance Unedited Version, Draft report of the Human Rights Council on its twenty-fifth session, para. 751<\/p>            <\/div>\n                    <div class=\"tab-pane \" id=\"tabs-69d79936e5d0f3\">\n                <h3>Recommendations by human rights treaty bodies<\/h3><h3><em>Committee on the Rights of the Child<\/em><\/h3><p>(26 June 2019, CRC\/C\/MLT\/CO\/3-6, Concluding observations on third\/sixth report, paras. 4, 5 and 25)<\/p><p>\u201cThe Committee also notes with appreciation the legislative measures adopted to implement the Convention, in particular the amendment to article 35 (1) of the Criminal Code, which increases the age of criminal responsibility of children from 9 to 14 years, and the amendment to article 339 of the Criminal Code aimed at prohibiting all forms of corporal punishment.<\/p><p>\u201cThe Committee also welcomes the adoption of institutional and policy measures related to children\u2019s rights since its last review, including the National Children\u2019s Policy (2017\u20132024), the National Strategic Policy for Positive Parenting (2016\u20132024), the National Youth Policy Towards 2020, the Addressing Attendance in Schools Policy (of 2014), the Addressing Bullying Behaviour in Schools Policy (of 2014), the Healthy Eating and Physical Activity Policy (of 2015) and the National Literacy Strategy (2014\u20132019).\u201d<\/p><p>\u201cWelcoming the amendment to article 339 of the Criminal Code that explicitly prohibits all forms of corporal punishment, the Committee recommends, with reference to its general comment No. 8 (2006) on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment, that the State party:<\/p><p>(a) Ensure that the prohibition of corporal punishment is enforced in all settings, namely in the home, schools, childcare institutions, including early childhood care institutions, and alternative care settings, and in the administration of justice;<\/p><p>(b) Strengthen and expand its efforts to raise the awareness of parents, professionals working with and for children, and the public in general, about the harm caused by corporal punishment;<\/p><p>(c) Promote positive, non-violent and participatory forms of child-rearing and discipline.\u201d<\/p><p>&nbsp;<\/p><p><em>Committee on the Rights of the Child<\/em><\/p><p>(18 June 2013, CRC\/C\/MLT\/CO\/2, Concluding observations on second report, paras. 8, 9, 36 and 37)<\/p><p>\u201cThe Committee, while welcoming the State party\u2019s efforts to implement the Committee\u2019s concluding observations of June 2000 on the State party\u2019s initial report (CRC\/C\/15\/Add.129), notes with regret that some of the recommendations, contained therein have not been fully addressed.<\/p><p>\u201cThe Committee urges the State party to take all necessary measures to address those recommendations in the concluding observations of the initial periodic report under the Convention that have not been implemented or sufficiently implemented, particularly those related to \u2026 corporal punishment.\u2026.<\/p><p>\u201cThe Committee notes as positive the Foundation for Social Welfare Services \u2018Blue Ribbon\u2019 campaign to promote positive parenting that was launched in 2010. However, the Committee regrets that, notwithstanding its previous recommendation (CRC\/C\/15\/Add.129, para. 30) to explicitly prohibit corporal punishment, the State party continues to lack legislation explicitly prohibiting corporal punishment in all settings. The Committee is particularly concerned that corporal punishment is permitted and prevalent in the home and alternative care contexts as so-called \u2018reasonable chastisement\u2019 under articles 229 and 339 of the State party\u2019s Criminal Code and article 154 of its Civil Code.<\/p><p>\u201cThe Committee recommends that the State party take all appropriate measures to explicitly prohibit corporal punishment in all settings and ensure that this prohibition is adequately monitored and enforced. Furthermore, it recommends that the State party strengthen and expand awareness-raising and education campaigns, in order to promote positive and alternative forms of discipline and respect for children\u2019s rights, with the involvement of children, while raising awareness about the adverse consequences of corporal punishment on children.\u201d<\/p><p>&nbsp;<\/p><p><em>Committee on the Rights of the Child<\/em><\/p><p>(28 June 2000, CRC\/C\/15\/Add.129, Concluding observations on initial report, paras. 29 and 30)<\/p><p>\u201cWhile the Committee takes note that the use of corporal punishment in schools has been prohibited and that the draft Children Act includes a prohibition on physical punishment, it remains concerned that corporal punishment and \u2018reasonable chastisement\u2019 in the home is not legally banned.<\/p><p>\u201cThe Committee recommends that the State party take all effective measures, including legal ones, to include an explicit prohibition on the use of corporal punishment in the home; to ensure that this prohibition is adequately monitored and enforced, both at home and in the schools; and to promote positive, non-violent forms of discipline as an alternative to corporal punishment in the home.\u201d<\/p><p>&nbsp;<\/p><h3><em>Committee on Economic, Social and Cultural Rights<\/em><\/h3><p>(26 November 2004, E\/C.1\/1\/Add.101, Concluding observations on initial report, paras. 22 and 40)<\/p><p>\u201cWhile corporal punishment is prohibited in schools and other institutions, the Committee notes that corporal punishment within the family, in the form of \u2018reasonable chastisement\u2019, is not prohibited by law.<\/p><p>\u201cThe Committee encourages the State party to consider an explicit prohibition on corporal punishment within the family.\u201d<\/p><p>&nbsp;<\/p><h3><em>Human Rights Committee<\/em><\/h3><p>(21 November 2014, CCPR\/C\/MLT\/CO\/2, Concluding observations on second report, para. 3)<\/p><p>\u201cThe Committee welcomes the following legislative and institutional steps taken by the State party: ...<\/p><p>d) the amendment to article 339 of the Criminal Code aimed at prohibiting corporal punishment in all settings....\u201d<\/p><p>&nbsp;<\/p><h3><em>European Committee of Social Rights<\/em><\/h3><p>(March 2020, Conclusions 2019)<\/p><p>\u201cIn its previous conclusion the Committee found that the situation was not in conformity with the Charter as not all forms of corporal punishment were prohibited in all settings during the reference period. But the Committee considered that with the legislative amendments introduced outside the previous reference period the situation had been brought into conformity with the Charter (Conclusions 2015). Article 339 of the Criminal Code explicitly prohibits all forms of corporal punishment in all settings.<\/p><p>\u201cThe Committee concludes that the situation is in conformity with the Charter.\u201d<\/p><p>&nbsp;<\/p><p><em>European Committee of Social Rights<\/em><\/p><p>(January 2016, Conclusions 2015)<\/p><p>\u201cIn its previous conclusion the Committee found that the situation was not in conformity with the Charter as not all forms of corporal punishment were prohibited. In this regard it notes from the report that as of 2014 all forms of corporal punishment have been outlawed. Article 339 of the Criminal Code provides that it is a contravention for any person being authorised to correct any other person, to exceed the bounds of moderation, provided that, for the avoidance of any doubt, corporal punishment of any kind shall always be deemed to exceed the bounds of moderation.<\/p><p>\u201cThe Committee also notes from the Global Initiative to end corporal punishment that the law reform has been achieved. Corporal punishment is prohibited in all settings, including the home. Corporal punishment is unlawful in the home under a 2014 amendment to the Criminal Code. Corporal punishment is unlawful in alternative care settings under article 339 of the Criminal Code, as amended by the Criminal Code (Amendment No. 3) Act 2014. Corporal punishment is unlawful in schools under Article 339 of the Criminal Code as amended in 2014.<\/p><p>\u201cThe Committee considers that with the legislative amendments introduced in 2014 (outside the reference period) the situation has been brought into conformity with the Charter. However, the Committee considers that during the reference period the situation was not in conformity with the Charter as corporal punishment was not prohibited in the home in schools and in institutions.\u201d<\/p><p>\u201cThe Committee concludes that during the reference period the situation in Malta was not in conformity with Article 17\u00a71 of the Charter on the ground that corporal punishment was not prohibited in the home, in schools and in institutions.\u201d<\/p><p><em>\u00a0<\/em><\/p><p><em>European Committee of Social Rights<\/em><\/p><p>(January 2012, Conclusions 2011)<\/p><p>\u201cThe Committee notes from another source that corporal punishment is lawful in the home. In response to recommendations made during the Universal Periodic Review in 2009, the Government stated that corporal punishment is not permitted under Maltese law (16 September 2009, A\/HRC\/12\/7\/Add.1\/Rev.1, <em>Report of the Working Group on the Universal Periodic Review: Malta, Addendum: Views on conclusions and\/or recommendations, voluntary commitments and replies presented by the State under review<\/em>). However, \u2018reasonable chastisement\u2019 is permitted in common law. The Criminal Code (1854) states that \u2018lawful correction\u2019 is not a permissible defence for wilful homicide (article 229) and makes it an offence for a person who \u2018being authorised to correct any other person, exceeds the bounds of moderation\u2019 (article 339). Article 154 of the Civil Code (1870) states that a parent may be deprived of the rights of parental authority \u2018if the parent, exceeding the bounds of reasonable chastisement, ill-treats the child, or neglects his education\u2019. Provisions against violence and abuse in the Criminal Code and the Domestic Violence Act (2006) are not interpreted as prohibiting corporal punishment in childrearing.<\/p><p>\u201cThe Committee considers that since common law permits \u2018reasonable chastisement\u2019 by parents, the situation remains not to be in conformity with the Charter on this point.<\/p><p>\u201cThe Committee takes note of the establishment of the Office of the Commissioner for Children as an independent body charged with promoting and advocating for the rights and interests of children. The Commissioner may carry out, or commission a child impact assessment for any proposal or decision concerning a policy which may affect children. The Commissioner raises the office\u2019s principal concerns in its annual report. The Committee would like to be informed of any concerns raised by the Commissioner relating to the issues covered by this provision i.e. corporal punishment, children in institutions and in foster care and young offenders.<\/p><p>\u2026<\/p><p>\u201cThe Committee concludes that the situation in Malta is not in conformity with Article 17\u00a71 of the Charter on the grounds that : \u2026<\/p><p>- not all forms of corporal punishment are prohibited\u2026.\u201d<\/p><p>&nbsp;<\/p><p><em>European Committee of Social Rights<\/em><\/p><p>(March 2005, Conclusions XVII-2)<\/p><p>\u201cThe Committee notes that the report provides no information on corporal punishment of children. It notes from another source that the use of corporal punishment in schools has been prohibited and that the draft Children Act includes a prohibition on physical punishment. The Committee asks whether legislation prohibits corporal punishment of children in other institutions. The Committee notes that corporal punishment and \u2018reasonable chastisement\u2019 in the home is not legally prohibited.<\/p><p>\u201cThe Committee recalls that Article 17 requires a prohibition in legislation against any form of violence against children, whether at school, in other institutions, in their home or elsewhere. It considers that this prohibition must be combined with adequate sanctions in penal or civil law. Therefore, it considers that since there is no prohibition in legislation of corporal punishment in the home, the situation in Malta is not in conformity with Article 17 of the Charter.<\/p><p>\u2026<\/p><p>\u201cThe Committee concludes that the situation in Malta is not in conformity with Article 17 of the Charter on the grounds that:<\/p><p>- corporal punishment in the home is not prohibited\u2026.\u201d<\/p><p><em>\u00a0<\/em><\/p><p><em>European Committee of Social Rights<\/em><\/p><p>(1 June 2001, Addendum to Conclusions XV-2, pages 125-127)<\/p><p>\u201cThe Committee asks whether legislation prohibits all forms of corporal punishment of children, in the home, in schools, in institutions, and elsewhere\u2026.\u201d<\/p>            <\/div>\n                    <div class=\"tab-pane \" id=\"tabs-69d79936e5d0f4\">\n                <p>None identified.<\/p>            <\/div>\n            <\/div>\n<\/div><\/div><\/div>\n\n                <\/section>\n            <\/div>\n                    <\/div>\n    \n","protected":false},"excerpt":{"rendered":"<p>Country Report for Malta LAST UPDATED: June 2020 Summary Legality UPR Treaty bodies Research Summary of necessary legal reform to achieve full prohibitionLaw reform has been achieved. Corporal punishment is prohibited in all settings, including the home. Prohibition of corporal punishmentHomeCorporal punishment is unlawful in the home under a 2014 amendment to the Criminal Code. 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