The Malta Independent 20 April 2024, Saturday
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Guidelines are now legally binding standards

Justyne Caruana Sunday, 5 July 2015, 09:35 Last update: about 10 years ago

It is indeed an anachronism that in a country that boasts of its Christian values, politicians have to speak of laws and law enforcement when referring to the rightful inclusion of people with a disability. I must admit that since taking office as Parliamentary Secretary I have a much better appreciation of the vast range of duties implied in the designation “for the rights of people with disability”. 

Much has been done since the early 1970s when the Mintoff-led Labour government introduced state attention and support towards people with a disability and their families. Perhaps very few of us remember today that, up until then, these people were kept out of sight – locked up in the darkest rooms and inaccessible to any visitors outside the immediate family. Not only was it socially stigmatic and humiliating to the person’s family, but the parents had to struggle incessantly to make ends meet, even at the risk of poverty.

I know many will dismiss such reminders, but I contend that we all need to be aware of what these people have been through in order to roll up our sleeves yet more and work harder to establish and secure full rights for people with a disability. This is our collective challenge: the state taking the lead, with everyone involved – ie employers, carers, therapists, NGOs and the community at large – joining hands and following.

This government is continuing to keep its word with new legislation, the amendment of previous laws and the introduction of the necessary enforcement mechanism when necessary. Only recently, we have pushed further in respect of long-standing legislation that required employers to secure two-per-cent of their workforce for disabled employees. Although recognised in principle for decades, the law had to be revived and applied in practice. In itself, this serves to show my Secretariat’s commitment – and ceaseless work – to ensuring that the rights of people with a disability are acknowledged and observed.

Despite all this work, we truly believe that there is a long road ahead of us to fully guarantee that disabled people receive everything to which they are entitled, in terms of their legal rights, their dignity and their human rights to the full extent. But here again, a quote from the late American President John Calvin Coolidge comes to mind: “I sometimes wish that people would put a little more emphasis upon the observance of the law than they do upon its enforcement.

No wonder that this subject cropped up again at the first annual consultative seminar on disability issues we held during the last week of June. It gave us an opportunity to discuss with the relevant NGOs and stakeholders several disability concerns. It was intended to review everything that has been done so far in this sector, listen to what those involved had to say about benefits or shortcomings, seek remedies and move forward with the government’s programme with regard to those with a disability.

This past week we concluded an 18-month-long process to establish the official standards for the obligatory regulations regarding accessibility to all public buildings for those with a disability. What was for some time at the consultative stage, or perhaps recommended, has now been enforced. Together with my colleagues the Minister for Social Dialogue Helena Dalli and the chairman of the National Commission for People with Disability Oliver Scicluna, I had the honour of launching these national standards.

These standards are based on the National Policy for the Rights of People with a Disability and in line with the UN Convention for these rights. Needless to say, quality standards are essential in everything that we deliver and in fact we are at an advanced stage with the launching of specific standards for residential homes and day and respite centres. 

It is a constant in all my Secretariat’s plans that people with disabilities are at the centre of all the decisions that concern them, included in which is a law we have enacted to ensure that people with disability are included among those appointed to the boards of various entities. Such required standards are indeed a tangible step in respect of these people and their rights, since what was until now just a set of guidelines has now been formalised and are legally binding.

As Minister Helena Dalli pointed out, the official launching of these standards goes to prove the inter-ministerial joint efforts being made to ensure this government’s commitment towards people with disability. As a matter of fact, my Secretariat works closely with Dr Dalli’s Ministry, the National Commission for People with Disability and the Malta Competition and Consumer Affairs Authority (MCCAA), which is responsible for ensuring high standards on a national basis.

This government is determined to continue delivering what was promised in its election manifesto, through public consultation with all stakeholders, calling for expert advice and then legislating accordingly. But, again, this is not the final step. We need to regularly monitor the application of what has been decided and enforce it wherever any shortcomings are identified.

I wish to reiterate that such accessibility standards are to be seen as part of our unflagging commitment to equality of opportunities – which primarily necessitates equal access to everyone. I also expect that everyone concerned will abide by these standards, as we will ensure that what we have established – after lengthy consultations – is fully respected. For many people, national standards for the rights of people with a disability are the norm, but maybe there are some who need a culture change for a shake-up.  

The laws, standards and regulations are in place, and more will be appearing in the coming months. For generations, many of us have been oblivious to – or have ignored – the fact that people with a disability have been victims of social injustice, involving actual exclusion and isolation. In this context, we must not forget all those involved in the care of people with disability for all these years, particularly – but not only – Dar tal-Providenza. This weekend we are all called upon to express our solidarity and support for Dar tal-Providenza, and other ancillary activities, in its annual volleyball marathon. As a society, we must all be grateful for and supportive of the endeavours and services dedicated to those with disability. Again, this is not a matter of charity but of solidarity. The focus and emphasis is on dignity and quality of life and this was also expressed during two of the activities I attended this week relating to assistive apparatus and equipment for people with disability and the training of assistance dogs.

Having said that, I strongly believe that we need to work harder to increase awareness about the rightful opportunities empowering people with disability. And I trust that it will be sufficient to adhere to the established standards, without having to resort to enforcement!

 

Dr Caruana is the Parliamentary Secretary for the Rights of People with Disability and Active Ageing

 

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