Couple prevented from following adoption procedures
A husband and wife have filed a judicial protest, complaining that they are being prevented from continuing a process for child adoption because the Appogg Agency is applying a provision of the law which the Constitutional Court had found to be in breach of human rights and the Constitution.
The protest was filed by Marco and Joanne Cremona against, among others, the Appogg Agency, the Prime Minister and the Minister for Family Affairs.
They explained that when they called at Appogg to start adoption procedures, they were told by its officials that in terms of the law, they could not start such procedures unless they had been married and living together for three years.
However, the Cremonas pointed out that the courts, in another case, had found that this provision of the law violated human rights. That decision had been taken by the Civil Court on October 14, 2008 and confirmed by the Constitutional Court on April 3 last year.
Mr and Mrs Cremona subsequently wrote to the responsible minister asking to be allowed to apply and start adoption procedures. They were allowed to do so, and they completed the first stage this month.
However, Appogg then prevented them from starting the second stage - the human visits stage - again quoting this section of the law.
The Cremonas in their judicial protest said that their case was practically identical to the one decided by the Civil Court and confirmed by the Constitutional Court. The decisions of those courts were about the law itself, not anybody's actions. The courts had declared that this section of the law violated the Constitution and the European Charter of Human Rights.
It therefore made no sense for a law which had been declared to violate human rights to again be applied, as if nothing had happened.
The Cremonas also argued that the prime minister should have applied the decision of the Constitutional Court by removing this inconsistency from Maltese law.
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j.schembri
Jul 27th 2010, 17:17
'Charles buttigieg, il-poplu mali mhux dawn l-affarijiet irrid ikun jaf li se jaghmel il-PL imma affarijeit aktar serji għal pajjiz. dawn huma gimmicks biex wiehed jirbah il-voti u xejn aktar. Se jrahhas il-kontijiet tad-dawl. l-istudenti li jibqa jinghatalhom stipendju, il-medicini se jibqu ikun b'xejn, il-gas se jorhoss, l-ekonomija se titjib, l-impjieg se jkomplu jizdiedu. Hallina ghax se nibda noddok ma tal-klikka.
R.Borg
Jul 27th 2010, 17:05
Adopting a child is a heroic decision.
So let us all be prepared.
Let us not do the same mistakes we have done in the very, very near past.
"QATTUSA GHAGGELIJA FRIEH GHOMJA TAGHMEL".
I heard a couple saying: "Ma kienx mument li adottajna tarbija. Lanqas haqq il-flus li nfaqqna.
Xi zball kbir ghamilna."
Adopting a child is a grave mission in life.
Children are not toys. BE ALL PREPARED.
Paul Barrett
Jul 27th 2010, 16:36
Bureaucrats survive on bureaucracy. Dot the i's and cross the t's and blame someone else - go home happy knowing that you have done all you can to make life difficult for someone.
joe vella
Jul 27th 2010, 16:19
so we go about supporting (nappoggjaw) 'single' mothers with 3, 4 or 5 children and then
this poor couple having been through their own private hell, now have to go through the judicial process, which is hell on earth
will we ever learn to do things logically?
Charles J. Buttigieg
Jul 27th 2010, 16:29
Joe, a Labour Government will fix all that but only if you vote Labour next time. Trust me
emanuel muscat
Jul 27th 2010, 16:14
Unbelievable! I agree with 'the cremonas' The government should have adjusted the legislation immediately after the Civil and Constitutional courts ruled it goes against human rights. A parliament full of lawyers and we have to go through the same injustice. Why is this ruling IGNORED? Who is responsible? Where is the 'opposition'? Have the so called 'top heads' of Appogg inisted with the authorities for the relative change or this is another misnomer? And we expect John citizen to learn and progress! Ghajjejt ! John Bundy please do the nation another favour and go to the EUROVISION and sing that very appropriate song for everybody to hear.
C.Scerri
Jul 27th 2010, 15:55
This is really stupid - single persons can adopt easily without constraints and neither proof of employment or income - but married couples have to be married for 3 years before being able to adopt - do we really need court decisions for this part of the law to be changed?