The Malta Independent 15 July 2026, Wednesday
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What should child friendly courts look like

Mark Said Thursday, 26 February 2026, 07:16 Last update: about 6 months ago

Children come into contact with the justice system in many different ways. This can be for family matters such as divorce or adoption, in administrative justice for nationality or immigration issues or in criminal justice as victims, witnesses or perpetrators of crimes. When faced with the justice system, children are thrown into an intimidating adult world which they cannot understand. Adapting justice to their needs is therefore necessary.

Interviewed by The Malta Independent on Sunday last month, President Emeritus Marie-Louise Coleiro Preca warned that failure to embed child-friendly justice within Malta's court system risks breaching children's fundamental human rights.

It surely is a warning that cannot go unheeded. Regrettably, so far, Maltese legislation aiming to secure child-friendly justice is only in the form of a child advocate law operative since 2014, but that has not been sufficiently amended and strengthened to meet modern internationally expected standards.

But what should 'child-friendly' courts look like to effectively safeguard children's fundamental human rights?

Ideally, child-friendly courts should generally be designed to be non-intimidating, safe, and welcoming, featuring bright, comfortable waiting areas with play facilities, separate entrances, and child-sensitive, less formal hearing rooms, often called "Ikea rooms". These environments prioritise the child's well-being by reducing distress, using clear language, and ensuring privacy.

Punta Gorda's family court in Belize could easily serve as an ideal example and description of what a court fit for children could look like. Opened in January 2016, Punta Gorda's family court in Toledo District is the country's first child-friendly family court. The court is part of the judiciary's comprehensive reform to promote children's rights in the judicial system, which UNICEF has supported since 2014.

On the upper floor of the courthouse, just next to the courtroom, there is a safe space where children can relax, play and just be children. The playroom is enveloped in bright blue walls, where colourfully painted fish and coral recreate a miniature barrier reef. There is a playmat in the corner and a small round table with little chairs where younger children can sit and play. The shelves are filled with toys for different age groups: teddy bears, plastic cars and dolls, books, and board games.

Children's attention span is short, so interviewing in a neutral environment may feel like an interrogation for children, who sometimes might be reluctant to speak. Instead, you can have a meaningful interaction using games and painting.

The family court's courtroom sits next to the playroom. During hearings, children can sit in a small observation room with a two-way mirror that looks out onto the courtroom. A social worker accompanies the child during the courtroom proceedings.

Since January 2016, Punta Gorda's child-friendly family court has dealt with 791 family cases, including custody, domestic violence and juvenile justice. In 100 per cent of cases that involved a young person who came into conflict with the law, the child received support from a specialised social worker, which helped ensure the child's rights were protected.

In Belize's culture, many people believe that a child should be seen but not heard. Traditionally, children are not encouraged to speak up, especially when they are the victim of a situation. This is where the family court comes in: the court grants children their constitutional right to be heard.

One fundamental problem with family law and family court in Malta is that family matters may be competing with criminal ones. For this reason, they may not have priority, and it may take a very long time for them to be addressed and resolved, but we know it's important for family cases to be addressed promptly: it's children's lives we are dealing with.

Children and youth often have little or no power over important aspects of their lives that are impacted by court involvement. Judges and other court professionals need to engage authentically, meaningfully, and directly with children and youth to determine what they want and which options will work best for them and their families. Children and youth who are involved in child welfare proceedings are not always able to communicate fully what they need. As a result, engagement strategies need to be tailored to each individual's age and level of development.

Child-friendly justice refers to justice systems which guarantee the respect and the effective implementation of all children's rights at the highest attainable level, giving due consideration to the child's level of maturity and understanding and the circumstances of the case.

Since the roles children can play in such proceedings and the nature of the proceedings themselves can vary, children may face different issues. However, some rights and needs are universal. For example, children need to be respected and protected. They also have a right to be heard, either directly or through a representative; to be informed and communicated with in a language that they understand; and to receive a speedy response.

The Barnahus model, successfully implemented in the US and Nordic countries, is an example of good practice for dealing with children in the justice system, especially child victims, as it provides the child with a coordinated and effective response.

Barnahus (which literally means Children's House) is a child-friendly, interdisciplinary and multi-agency centre for child victims and witnesses where children can be interviewed and medically examined for forensic purposes, comprehensively assessed and receive all relevant therapeutic services from appropriate professionals.

Overall, however, child-friendly courts should always prioritise the best interests of the child as a primary consideration in all proceedings.

 

Dr Mark Said is a lawyer

 

 


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