Promoting the interests of minors under foster care

Abstract

The main objective of this research paper is to look into the manner in which the best interest principle is promoted in regard to those minors who are in alternative care. The best interests of the minor is a must, it must be given priority and must be ensured. So much so that this is codified in article 3 of the United Nations Conventions on the Rights of the Child. In pursuance of the promotion of the minor’s best interests principle, the Maltese legislator after being accused and found responsible for human rights violations, recently introduced and enacted a piece of legislation, the Minor Protection (Alternative Care) Act. This dissertation affords a degree of criticism to such a piece of long-awaited legislation. Although introducing important concepts such as that of permanency, it seems to fail to provide a guaranteed adherence to the best interests principle. It is noted that the law frequently refers to the importance of listening to the child’s views and that decisions must be taken in pursuance of their best interests, however it seems to lack effective mechanisms which provide for the necessary guidelines which are deemed to promote the minor’s best interests when in foster care. Hence, the aim of this term paper is to look at the applicable law and identify both its strengths and limitations in this regard. At the time of drafting this term paper, the world is being confronted by a global pandemic which has also created challenges in the realm of alternative care, particularly the disturbance of the right of contact between biological parents and minors. This study sheds light on such a current situation and pinpoints a considerable number of shortcomings in regard to the local scenario of promoting the best interest principle.