The Malta Independent on Sunday

The failing system… aren’t we all part of it?

When someone has been jailed for drug traffickin­g, usually words of praise circulate on the social media platform

- LYNN FAURE CHIRCOP Dr Lynn Faure Chircop – Advocate for Children's Rights & Youth Justice.

When the sentence refers to a minor who has been served with a court decision eight years after the incident, a U-turn to that sense of pride vested in one of our pillars of democracy is highly recommende­d.

For the sake of my fellow parents, I feel that this decision seems to have served the nation rather than the minor in question.

Such a delay caused irrevocabl­e harm.

But, in essence, what are we all so inspired about on Facebook?

Usually the reasonable person advocates fairness, equality, legal thresholds, alternativ­e punitive measures and so on.

We provide, inter alia, opt-outs, warnings ad nauseam, enforcemen­t orders, repayment schedules when the provisions of the law are intentiona­lly breached, as a consequenc­e of our sense of solidarity and emphatic good nature.

When the above assurances are granted in a timely manner, the system tends to conclude that it makes sense.

Definitely, one may argue that such allowances make more sense when the determinat­ion of justice takes an unjustifie­d longer route. Logic dictates that, for example, community work would have compensate­d to such a faulty system. What happened here is not beneficial to the judiciary.

It exposed the inconsiste­ncy and unjust delayed periods granted, tacitly or formally, without providing a valid reason to serve the public at large offended by such criminal act.

Perhaps a dismissal (which may not be in the individual's best interests) would not have caused such tension.

However there are harder questions we should be asking.

1. What took the court so long to decide this case and others before it?

2. What should be non-discretion­ary when it comes to decision-making processes involving minors being directly or indirectly impacted during its course?

Alas we forget how many children cannot exercise their right to enjoy family life, to build healthy relations and given access to all family members. How will they be compensate­d for their lost childhood?

How does the system give paramount considerat­ion to the fact that most children do not break rules yet they are subjected to unjust delays which only serve the other parties egoistical­ly taking them away from all their loved ones?

Let's stop playing games and if we must be fair .... let's call a spade a spade and be fair equally and always.

There are no reservatio­ns required by parents who are not scared to be away from their children if it is in their best interests. Parents who understand when their children are being cared for and they are ready to sacrifice time for their well-being, especially when what the children need is beyond their control.

God forbid having to be away from them for health reasons, yet we do our utmost for their safety and wellbeing.

For the upbringing of children of good character and principles many parents pledge their commitment to sacrifice many things for many days.

Yet, to revert to the unpreceden­ted national alarm due to the Maltese adjudicati­ng process, I confess not being proud of our justice system when justice is not seen to be done with a generation that will be leading this country later on in life.

In my humble opinion, shortsight­ed measures are as healthy as instant food.

“For the sake of my fellow parents, I feel that this decision seems to have served the nation rather than the minor in question.”

 ??  ??

Newspapers in English

Newspapers from Malta