Social workers are calling for the revocation of a court judgment that sent two mothers six months in prison after they allegedly fled their country following a failed coup five years ago.
Their children, aged two and four, have been placed in the care of the state.
Earlier this week, the two boys were heard wailing outside the courtroom as their mothers pleading guilty to using false documents to travel.
The sentencing has been criticised as “inhumane and unjust” by NGO Moviment Graffitti, which said the courts could have chosen a community-based sanction.
On Saturday, the Maltese Association of Social Workers said it was "appalled" by the judgment, adding that the women appeared to be victims of human trafficking.
The court's sentencing has separated the children from their mothers aggravating their likely trauma, the association added.
"MASW is concerned about the effect such a judgement will inevitably have on the children and their parents.
"The justice system is failing the most vulnerable, as such judgements, when compared to other situations, sound hugely disproportionate. For example, how can perpetrators of sexual abuse of children be given a suspended sentence by the same court, but an undocumented migrant is sent to prison for six months?"
The MASW believes that:
1. The state needs to ensure that the children have substantial daily contact with their parents while they are in the care of the state
2. Alternative community-based consequences for the parents should be considered while safeguarding the best interest of the children. The decision to separate the children from their parents should therefore be revoked immediately through any legal means
3. Child protection services should proactively advocate to keeping children with their families whenever possible in line with the UN Convention for the Rights of the Child
4. The government needs to implement an effective strategy to combat human trafficking
5. Politicians need to immediately reform the criminal justice system, following consultation with key stakeholders, so that it is child-centred