Family lawyers and social workers have unanimously welcomed a European Court judgement giving parents greater powers to contest the removal of their parental rights.

In what one lawyer described as a “breakthrough judgement”, the European Court of Human Rights last week found that parents whose children had been put into care should have access to appeal the decision before an independent tribunal.

Under the existing system, care orders involving minors can only be revoked on social workers’ recommendations with the approval of the relevant minister.

“It’s certainly a breakthrough,” said family lawyer Ilona Debono.

“Until now, there was no possibility of appealing a care order. The ECHR has now clearly said that is a breach of human rights.”

Fellow lawyers Noella Sciriha and Ramona Frendo also welcomed the judgement and a spokesman for the Maltese Association for Social Workers was also happy, albeit for a different reason.

“Giving parents the right to appeal a care order will incentivise parents to sort out their lives and improve their living conditions,” the spokesman said.

“Remember, many parents whose children are taken away have problems of their own.”

The matter received the ECHR’s attention following the petition of a Ħamrun resident called “MD” in court documents.

MD lost custody of her children in 2005 and was convicted of her neglect.

By 2009, she felt she had changed her life around and wanted her children back, but the law provided her with no way of requesting an independent assessment of her situation.

That will now change.

The ECHR’s judgement also requires the government to amend the Criminal Code.

Currently, parents convicted of neglecting or abusing their children have their parental rights automatically – and permanently – taken away. According to Dr Frendo, the Court did not find the revocation of parental rights in such cases unacceptable in itself.

“What the ECHR felt was wrong was that the law makes the removal of parental rights both automatic and permanent, with no room for the decision to be revised should circumstances change,” she explained.

Dr Sciriha agreed with the ECHR’s reasoning: “The courts cannot apply the law blindly, without considering the circumstances of a case.

“And giving an individual the right to appeal a decision made about themselves is a basic democratic right.”

The seven ECHR judges also criticised the domestic courts for having found the two children involved in the case had no curator to act on their behalf but then failing to appoint any.

The judgement is still subject to appeal, although sources within the Justice Ministry have indicated that the government is unlikely to contest it.

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