Malta's detention centres are unsuitable and damaging for unaccompanied minors, Neil Falzon of Aditus Foundation said, warning that children are being treated as migrants first and as children second.

"Children require protection, care and direction. These cannot be provided in the Safi Detention Centre," he said in an interview with The Malta Independent on Sunday. "Nobody would want their children to spend one hour there."

Falzon emphasised that children should not be detained and highlighted that Malta's practice of detaining minors has been repeatedly condemned by human rights bodies, including the European Court of Human Rights. He added that the children in question are those travelling alone, without parents or responsible adults.

According to UNHCR, unaccompanied children accounted for 19% of total sea arrivals in December 2024, representing 45 individuals. This constitutes a 67% increase compared to 2023, when 27 unaccompanied children arrived. Aditus has warned that Malta's detention infrastructure is not adequate to cope with the rise in arrivals, leaving children vulnerable to harm.

Falzon explained that Aditus is not permitted to visit clients in their living quarters in detention, which makes it difficult to comment on conditions beyond what children themselves report. He referenced the recently-published CPT report, which portrays a stark picture of life in detention for children.

While acknowledging some improvements in living conditions, Falzon said that Malta still denies education to detained children. "They spend their days doing absolutely nothing: no schooling, no language learning, no leisure activities and nothing of what we would generally expect children to be doing," he said. He stressed that this has severe effects on development and mental health.

Falzon also cited the experiences of clients who filed court applications, speaking at length about their treatment at Ħal Far and Safi centres. He highlighted that the Court's judgements are very clear: Malta exposes children to inhuman and degrading treatment and fails to protect them from illegal detention. Cases such as A.D. v. Malta and J.B. and Others v. Malta underline that children are denied care, protection and education in detention. "There are alternatives, and it is high time Malta started exploring them more actively," Falzon said.

With the number of unaccompanied minors rising, Falzon said that structural improvements and strengthened health services have been made, but the core problem remains: children are deprived of care and protection in a carceral environment. "Nobody would want their children to spend one hour in the Safi Detention Centre," he reiterated. The rise in arrivals, he noted, poses challenges to resources for health, education and legal support, but this cannot justify locking children up. "It is definitely a challenge for the responsible entities to live up to their legal obligations, but this cannot be used as an excuse to lock up children and leave them without care and protection. The national children's policy is very clear about the values that Malta endorses in relation to children. We cannot understand why Malta excludes non-Maltese children from these values," he said.

Falzon also addressed the issue of disputed age cases, agreeing with the European Migration Network's observation that such disputes can delay release for months. He explained that Malta treats non-Maltese children as migrants first, and only secondly as children, prioritising security issues over care. He noted that the European Court of Human Rights and the CPT have repeatedly reminded Malta to adopt the presumption of minor age, highlighting that statistics show the majority of people claiming to be children are indeed children. Pending lengthy age assessments, children are treated as adults, which contributes to prolonged detention.

While exact figures for unaccompanied minors facing prolonged detention due to age disputes are not publicly available, Falzon emphasised the consistent psychological harm these conditions cause. "Research has repeatedly and consistently shown that detained children suffer severe psychological harm. They tend to suffer higher levels of anxiety, depression and delayed development. We see these in most of our clients who are children. They tell us how petrified they are at night, how unsafe they feel and how they long for a more normal and caring environment," he said.

Falzon outlined the legal reforms needed to ensure children are treated as children first, even in age-dispute cases. He argued that Maltese law should clearly uphold that no child should be detained. In practice, he said, Malta could establish accommodation spaces for those claiming to be children, with adult impostors identifiable and kept separate. Such spaces should provide education, leisure and social activities appropriate for their age. Falzon pointed out that these recommendations are supported by repeated rulings and criticisms from the European Court of Human Rights and the CPT.

Asked whether Malta's detention practices comply with the UN Convention on the Rights of the Child and European human rights standards, Falzon responded unequivocally: "No. The harsh judgements delivered by the European Court of Human Rights are clear. Malta exposes children to inhuman and degrading treatment. It detains them illegally. It denies them education and age-appropriate activities. Malta's detention regime strips children of their identity and rights as children."

Looking ahead, Falzon said that rising numbers of unaccompanied minors make it even more urgent to reform detention practices. He recommended that Malta should move children out from carceral detention to child-appropriate facilities that provide education, leisure opportunities, and psychosocial support. He also urged the establishment of clear frameworks to prevent prolonged detention in age-dispute cases, the provision of independent guardians and legal assistance upon arrival, and the assurance that children have access to a meaningful daily routine. "There are alternatives and it is high time Malta started exploring them more actively," he said.

Contextual data shows that across EU+ countries, thousands of unaccompanied minors arrive each year. UNICEF reported that in 2024, over 41,000 children arrived in Europe via Mediterranean and Balkan routes, more than half of them unaccompanied.

The Asylum Information Database notes that in Malta in 2024, 11 applications for asylum were lodged by unaccompanied children. International monitoring bodies, including the CPT, have repeatedly found that detention facilities, such as the one in Safi, are unsuitable for children and recommended alternative accommodation and protection.