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Child detention in Malta: a difference between the law and the reality?

Alexane Wiertz

The first seven days of detention are the most crucial: during that time, a screening process is done where identity checks, security checks, and trafficking risks are made. It is also the time when detainees need the most to talk  to someone, but  strangely, most of the time, the phone doesn’t work. That’s what we learned in the workshop organised by Aditus Foundation on 27 February 2025. 

Picture by Aditus Foundation
Picture by Aditus Foundation

Neil Falzon, the director of Aditus Foundation, explained the difference in regards to the law between children, unaccompanied children and persons claiming to be minors. For people who claim to be minors, an age assessment procedure is made. 


Detention is always the last resort in every case. In reality, there is a big difference between what the law says and the practice. The living conditions in detention are awful: no intimity, no toothbrush, no psychologist, …

This picture is a summary that shows the difference of detention between minors, UAMs and persons claiming to be minors.
This picture is a summary that shows the difference of detention between minors, UAMs and persons claiming to be minors.

In detention, only lawyers can pay a visit to detainees. As soon as a boat arrives at the shore, lawyers make their utmost to access the prison and  obtain information. But it’s always very challenging as  the phone doesn’t work or the  communication is difficult  with the detainees because of the language barriers. Yet it is crucial for lawyers to find solutions quickly before the judgment. 


Another moment of the workshop was the presentation of  the new EU Pact on migration adopted in 2024. Specifically, the new guarantees that concern child detention. 


The aim of the EU pact is to create a common asylum system to manage migration in the EU. Secure external borders, fast and efficient procedures, effective system of solidarity and responsibility, embedding migration in international partnerships are the priorities set  in the EU Pact. The workshop was organised by ECRE (European Council on Refugees and Exiles). 



 
 
 

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