Updated 6pm

The fundamental right to health and safety should take precedence over diplomatic negotiations, particularly when it comes to children and unaccompanied minors, the Office of the Commissioner for Children said on Monday.

The office was reacting to news reports that talks were holding up the disembarkation of migrants stranded out at sea since December 22.

Watch: Stranded migrants dehydrated, not eating, NGO says, as it defends rescue methods

"The office joins the Pope and other entities in appealing for all political leaders, at national and European Level, to cooperate on a humanitarian level to ensure that these migrants are brought to safety," it wrote.

The vessels off Malta. Photo: Via Twitter

It was referring to an appeal by Pope Francis on Sunday over the 49 migrants, in which he called on European leaders to show concrete solidarity.

The office appealed for solidarity and the voice of reason to prevail, urging governments to find a solution to save lives, as well as to find a long-term strategy to prevent similar incidents from recurring.

Malta late last week allowed the migrants rescue vessel to enter its territorial waters for shelter from rough seas, while making it clear it could not be held responsible for migrants who were rescued in areas which were not within its competence.

On Sunday, Prime Minister Joseph Muscat said letting them in would set a precedent. Italy has also kept its harbours closed, amid contradictory statements by its two deputy prime ministers.

The Netherlands and Germany have indicated they are ready to take some of the migrants.

Andrew Azzopardi, dean of the faculty for social wellbeing at the University of Malta, appealed "for common sense, decency and decorum to prevail" in what he called an unprecedented situation.

"The Maltese Government and the Maltese people are known for their high standards of camaraderie," Prof Azzopardi said in a statement.

"We are morally bound to host these individuals and use our strong diplomatic presence in the EU and the UN to ensure that such situations are dealt with around the table knowing well-enough that complex political arguments need to be made, but not at the cost of risking peoples’ lives. Trying to resolve an issue through Tweets and media releases will surely not see us through this debacle."