Aditus foundation has launched two important technical reports looking into the rights and needs of asylum-seeking children. The primary aim of both documents is to establish the extent to which Malta's laws, policies and practices conform to international human rights obligations in the way they seek to offer protection to one of the most vulnerable groups of persons - refugee children. 

The main publication, 'Unaccompanied Minor Asylum-Seekers in Malta: A Technical Report on Age Assessment and Legal Guardianship Procedures', assesses the strength of Malta's systems for assessing the age of unaccompanied asylum-seeking children. It also explores what is being done in relation to appointment of guardians for such children, to ensure maximum levels of care and protection. In doing so, our report maps the complex legal framework regulating unaccompaied refugee children, thereby also acting as a useful handbook for all stakeholders working with this group of asylum-seekers.  

Governmental and non-governmental entities working in the field were all consulted, to build on their vast experiences and ensure the relevance of our findings. A series of specific recommendations are also made, with a view to encouraging the improvement of current age assessment and legal guardianship procedures. 

Complementing this publication is a report on the Child Protection Bill, a Bill recently presented to Parliament that seeks to revisit the way Malta deals with children receiving out of home care. The report 'Child Protection (Out of Home Care) Bill': What Protection for Unaccompanied Asylum-seeking Children?' analyses this Bill from the perspectives of an unaccompanied asylum- seeking child to assess whether such children are also adequately covered by its provisions.  

Summarily, Aditus welcomed the attempt to create a holistic protection framework for children who are in out of home care, but conclude that the Bill almost entirely ignores the specific rights and needs of unaccompanied refugee children. Important elements such as age assessment procedures, the asylum interview, detention, family tracing and reunification and long-term integration struggle to find a place in the Bill.  

Aditus also strongly criticised the manner in which the Bill was speedily presented to Parliament without any in-depth consultation with, or even information to, key governmental and non-governmental stakeholders. A Bill of such national importance should have been preceded with an inclusive discussion process that would have definitely ensured a more effective Bill enjoying nation-wide support and ownership. 

"Refugee children travelling alone are, first and foremost, children. Furthermore, because they are travelling alone, torn from their families and communities, they are often vulnerable to various forms of physical, psychological and also sexual exploitation. It is our collective responsibility to offer these children the highest forms of protection, so that they may enjoy the pleasures of being children and eventually develop into strong and empowered individuals," said Neil Falzon, aditus foundation Director.