The recent reports on the media that yet another 19 minors face the possibility of 'eviction' from Malta is disquieting.
As Dean of the Faculty for Social Wellbeing, I do understand the intricate legalities that form the basis of immigration law which strikes to achieve a balance between national security and the fair and just treatment of all people from various nationalities entering and possibly working in Malta. Balancing such complex interests requires an in-depth legal understanding as well as a mind and a heart for public policy which has been a hallmark of the sterling work being carried out by civil servants in this field. However, the issue at hand is made more heart wrenching given that the persons involved are minors and have therefore an added vulnerability.
Let it be known that from where I stand children that are made to endure such a trauma goes diametrically against meeting the children’s basic needs as delineated in the UNCRC, and the principle at the heart of all Maltese welfare that the interest of the child is put ahead of other considerations because of the value and importance that we give to families.
In summary, I would like to point out the following:
- The trauma that these children must be suffering because of these circumstances might well be irreversible, knowing well-enough that stability, structure and permanence are fundamental ingredients in the wellbeing of children.
- No known assessment has been carried out of the countries of return and the situation that the children will find themselves in had they to return to their towns and villages of origin. This could lead to children being sent to worse conditions with potentially abusive situations that would be artificially created by a very mechanic reading of the law.
- This situation verges on discrimination and unfairness because we know well-enough that a significant number of parents/guardians of (Maltese) children do not make the salary benchmark being imposed on these children and their families.
- It is not right that we seek migrant workers to occupy the lower paid positions to ensure our thriving economy but then deprive them the right to establish their lives and their families in Malta. Let’s face it, this economic miracle we are living would not be possible were it not for the hard and underappreciated work that third country nationals have carried out in the sectors of construction, hospitality, agriculture and health to name but a few. It is truly a cynical state that would use the hard work of these migrants without allowing them the basic right to a family as enshrined in Article 8 of the European Convention on Human Rights.
- We must heal from the malaise of measuring social yardsticks solely by economic measures. Social and familial wellbeing do not depend only on financial prowess.
- As the UN Convention on the Rights of the Child which Malta has ratified and which we hold to dearly should become part of domestic legislations, states very clearly, the voice of the children is imperative in this matter and short of that we are missing one of the most fundamental principles that is, listening to what the children have to say about this matter.
- I can identify over 20 Articles in the Convention on the Rights of the Child (unicef.org/) that indicate a breach of some sorts in this matter but one article that stands out is Article 9 which emphasises that families should remain together. Hence assuming parents are in Malta legally and/or as a result of a humanitarian decision should entail that children are never to be separated from their parents.
I appeal to all concerned to find a permanent humane solution that balances out the various needs in a just and wise manner. We cannot and must not accept that because laws have been written in one way that they do not require a revisit. Our laws are required to reflect our principles and our values and when they do not we should change our laws not vice versa. We need to guarantee the necessary due diligence before families are accepted to reside but also to safeguard the rights of children once they are inhabiting this country.
We cannot remain unresponsive to such an unjust situation that these minors are facing. Children should be busy playing, studying, exploring the World, making new friends and not fearing the brunt of eviction.
I am quoting from a child-friendly version of the UN Convention on the Child, which as a Country we ratified, and yet I can see a breach when this matter emerges in over 21 of these articles;
Convention on the Rights of the Child: The children's version
2. No discrimination
All children have all these rights, no matter who they are, where they live, what language they speak, what their religion is, what they think, what they look like, if they are a boy or girl, if they have a disability, if they are rich or poor, and no matter who their parents or families are or what their parents or families believe or do. No child should be treated unfairly for any reason.
3. Best interests of the child
When adults make decisions, they should think about how their decisions will affect children. All adults should do what is best for children. Governments should make sure children are protected and looked after by their parents, or by other people when this is needed. Governments should make sure that people and places responsible for looking after children are doing a good job.
4. Making rights real
Governments must do all they can to make sure that every child in their countries can enjoy all the rights in this Convention.
5. Family guidance as children develop
Governments should let families and communities guide their children so that, as they grow up, they learn to use their rights in the best way. The more children grow, the less guidance they will need.
6. Life survival and development
Every child has the right to be alive. Governments must make sure that children survive and develop in the best possible way.
7. Name and nationality
Children must be registered when they are born and given a name which is officially recognized by the government. Children must have a nationality (belong to a country). Whenever possible, children should know their parents and be looked after by them.
9. Keeping families together
Children should not be separated from their parents unless they are not being properly looked after – for example, if a parent hurts or does not take care of a child. Children whose parents don’t live together should stay in contact with both parents unless this might harm the child.
10. Contact with parents across countries
If a child lives in a different country than their parents, governments must let the child and parents travel so that they can stay in contact and be together.
11. Protection from kidnapping
Governments must stop children being taken out of the country when this is against the law – for example, being kidnapped by someone or held abroad by a parent when the other parent does not agree.
12. Respect for children's views
Children have the right to give their opinions freely on issues that affect them. Adults should listen and take children seriously.
13. Sharing thoughts freely
Children have the right to share freely with others what they learn, think and feel, by talking, drawing, writing or in any other way unless it harms other people.
16. Protection of privacy
Every child has the right to privacy. The law must protect children’s privacy, family, home, communications and reputation (or good name) from any attack.
18. Responsibility of parents
Parents are the main people responsible for bringing up a child. When the child does not have any parents, another adult will have this responsibility and they are called a “guardian”. Parents and guardians should always consider what is best for that child. Governments should help them. Where a child has both parents, both of them should be responsible for bringing up the child.
22. Refugee children
Children who move from their home country to another country as refugees (because it was not safe for them to stay there) should get help and protection and have the same rights as children born in that country.
26. Social and economic help
Governments should provide money or other support to help children from poor families.
27. Food, clothing, a safe home
Children have the right to food, clothing and a safe place to live so they can develop in the best possible way. The government should help families and children who cannot afford this.
28. Access to education
Every child has the right to an education. Primary education should be free. Secondary and higher education should be available to every child. Children should be encouraged to go to school to the highest level possible. Discipline in schools should respect children’s rights and never use violence.
31. Rest, play, culture, arts
Every child has the right to rest, relax, play and to take part in cultural and creative activities.
36. Protection from exploitation
Children have the right to be protected from all other kinds of exploitation (being taken advantage of), even if these are not specifically mentioned in this Convention.
41. Best law for children applies
If the laws of a country protect children’s rights better than this Convention, then those laws should be used.
Prof. Andrew Azzopardi
Dean, Faculty for Social Wellbeing
University of Malta