A constitutional case has been filed against the Minister for Family, Children’s Rights, and Social Solidarity Michael Falzon and the Attorney General Peter Grech.
The applicant has claimed that the courts have denied a mother of her right to a trial which is enshrined in the Constitution of Malta and the European Convention on Human Right after a protection order was issued on 30 June for two children aged 3 and 5, who were taken from her care.
The following month, on 21 July, the mother registered her objections with the court, however, on 10 August, a Magistrate’s court rejected the objections.
The law, it is claimed, says that the minister or a formal delegate must hold a disposition with the mother of the two children.
However, it has been said that the delegate had not been properly appointed, thus denying the mother to the right of a fair trail.
Lawyers Charlon Gouder, David Camilleri, and Joseph Gatt are representing the applicant.