To what extent are rights and best interests of children in the context of immigration being safeguarded in Malta and beyond?

Abstract

This term paper seeks to examine the legal protection which vulnerable child migrants risking their lives on flimsy vessels to cross the Mediterranean and reach Europe are afforded upon their disembarkation. Thousands amongst child migrants have lost their lives at sea, whilst others have suffered traumatic disorders in response to the inhumane conditions which they would have had for weeks on rough seas. The author believes that such vulnerable individuals should be given utmost protection insofar as their rights and best interests are concerned. However, is this the case in reality? Are migrant minors being duly treated as children, and are they vested with the same rights that are endowed with local children on a day-to-day basis? To what extent, if at all, are best interests of such children being safeguarded upon disembarkation, principally through the universal application delineated by the United Nations Convention on the Rights of the Child, and through European and local legislation and policy? This paper also includes a comparative analysis with two (2) other neighbouring countries, namely, Italy and Greece, with the aim of identifying legislative lacunas in Maltese legislation when compared to other countries’ legislative framework and make any necessary recommendations thereto.