On 15 March of every year, World Consumer Rights Day is celebrated to commemorate the date when President John F. Kennedy for the first time in history, officially outlined the definition of the consumer rights, in 1962. This occasion is an opportunity to promote the basic rights of all consumers. This event has been organised by the international community since 15 March, 1983.
The right to satisfaction of basic needs – To have access to basic, essential goods and services: adequate food, clothing, shelter, health care, education, public utilities, water and sanitation.
As the streaks of dawn light the morning sky, 10 year old Mohammed stirs in his bed as pangs of hunger strike his small body, due to yet another night without food. His throat feeling the sawdust, he takes a sip from the nearest bottle, already half-empty. Longing to gulp the water down in one go, he knows that luxury is beyond him. For if he goes, he will go without water for the rest of the day.
These situations around the world have prompted Consumers International to add the right to satisfaction of basic needs. The message from Mariliena Lazzarini the then President of Consumers International to the Sixth Ministerial Meeting of the WTO stated: “This round of trade talks needs to deliver for consumers. With over one billion consumers without a safe water supply, let alone electricity, the WTO needs to focus on ensuring all consumers have access to basic services. Consumers around the world are frustrated with the lack of action. We want a fairer deal for basic services, food and medicines. ……”
The right to safety – To be protected against products, production processes and services which are hazardous to health or life.
Product safety is at the core of European policy to ensure the safety of European citizens. Various laws regarding food and non-food products have been enacted providing for the safety of consumers. Consumers should have their mind at rest that products they buy do not pose any danger to their health and physical safety.
There are specific directives with regards to safety of non-food products such as toy safety laying down the essential requirements ensuring that children playing with toys are not exposed to any danger. The low voltage directive referring to electrical equipment most of which are used in our homes. Only CE marked electrical equipment should be place on the market, thus ensuring that these products have been manufactured in line with safety European standards. The General Product Safety directive covers all those products where non-sector specific legislation exists.
Since the mad-cow disease epidemic in Great Britain 1986 and the dioxin crisis in Belgium in 1999 the European Union has adopted in the year 2000 a “farm to table” food policy covering the entire food chains. Thus ensuring that control standards are established and adhered to with regards to food and food product hygiene, animal health and welfare, plant health and preventing the risk of contamination from external substances. The European Food Authority was also established with the aim of ensuring food safety for European citizens.
The right to be informed – To be given the facts needed to make an informed choice, and to be protected against dishonest or misleading advertising and labelling.
In the marketplace there are various means by which consumers are given information when buying products and services. On food labelling, the consumer can find information about the ingredients, the producer, the date of minimum durability. Safety warnings are attached to toys; instruction manuals contain information on specifications about the product; how to use it and maintain it; the contract of a telephone service provide information through its terms and conditions which the consumer should be aware about prior to purchase, etc. Advertising is also a very potential means of providing information.
However the information provided to the consumer should not be misleading and it should be correct. The Trade Descriptions Act does not oblige traders to make a trade description but any person who, in the course of a trade or business (a) applies a false trade description to any goods; or (b) supplies or offers to supply any goods to which a false trade description is applied, shall be guilty of an offence.
Furthermore, according to the provisions on Unfair Commercial Practices of the Consumer Affairs Act, a commercial practice shall be regarded as misleading if it contains false information; or in any way, including its overall presentation, deceives or is likely to deceive the average consumer, even if the information is factually correct and causes him to take a transactional decision that he would not have taken otherwise.
The right to choose – To be able to select from a range of products and services, offered at competitive prices with an assurance of satisfactory quality.
To commemorate World Consumer Rights Day, this year Consumers International chose the theme “Our Money! Our Rights” in order to campaign for a ‘real choice’ in financial services. For the wider economy, the right to choose is fundamental to the creation of a genuinely competitive market that drives innovation and rewards firms which deliver good-value products and customer service – and punishes firms which do not. Consumers should not be forced to tolerate excessive charges, poor service or irresponsible corporate behaviour because of lack of choice.
This basic consumer right is being undermined in financial services, one of the most important sectors for consumers and the economy. Even when they are fed up with their bank or another financial service provider, many consumers feel it is too difficult, or not worth switching. As a result, there is often little incentive for banks and other financial service providers to improve their service or cut costs.
The right to be heard – To have consumer interests represented in the making and execution of government policy, and in the development of products and services.
Consumer Associations are voluntary and non-profit making organisations whose aim is to promote consumer rights, educate consumers and assist consumers in their complaints.
In order to register a consumer association according to the Consumer Affairs Act the association should comply with the following requirements:
• that the association has a minimum paid up membership of one hundred members of majority age who are citizens of Malta or permanent residents in Malta;
• that the statute of the association states in substance that the principal object of the association is to promote consumer protection, and to guide, inform and educate consumers;
• that the statute makes provision for the association to be managed by persons freely elected by the members of the association in an election which is held at least once every calendar year;
• that the association does not have the making of profit as one of its objectives; and
• that the association is independent of any other association, organisation or grouping whose principal objective is not the protection of consumers.
Unfortunately in Malta voluntary consumer associations are not very popular and we have only one consumer association operating from 47A South Street, Valletta which has been established in 1981. The Association can be contacted on tel. no.: 21239091; email: [email protected].
The right to redress – To receive a fair settlement of just claims, including compensation for misrepresentation, shoddy goods or unsatisfactory services.
When consumer has a complaint about a defective product or an unsatisfactory service he has a right to seek compensation. Initially consumer should discuss complaint with trader concerned. When this fails, assistance can be sought from a consumers association or from the Office for Consumer Affairs of the Malta Competition and Consumer Affairs Authority.
Officers at the Complaints and Conciliation directorate of the Office for Consumer Affairs, mediate with traders on behalf of consumers to find an amicable solution to the satisfaction of both parties. If not successful consumer can opt to submit his claim to the Consumer Claims Tribunal which is an inexpensive and swift means of seeking redress.
The Consumer Claims Tribunal hears claims about the hire or purchase of goods and services amounting to €3,500. The Tribunal may also award consumer up to €500 as moral damages caused by any pain, distress, anxiety and inconvenience suffered. Furthermore, when a claim or defence offered is considered vexatious or frivolous, the Tribunal may order to be paid to the other party, as penalty of not more than €120. After the hearing the Arbiter pronounces his decision. An appeal against the decision of the Tribunal can be registered after 20 days.
The right to consumer education – To acquire knowledge and skills needed to make informed, confident choices about goods and services, while being aware of basic consumer rights and responsibilities and how to act on them.
The importance of consumer education has been recognised by the EU when on 9th June, 1986 the Council and Ministers of Education during a Council meeting passed a resolution that consumer education should be introduced in the National Minimum Curriculum. The resolution stated that competent authorities in the Member States are hereby invited to promote within the bounds of what is constitutionally possible and in the framework of the national legislation and regulations, consumer education in school curricula, at primary and secondary level, as appropriate, so that consumer education is provided during the period of compulsory education.
In Malta consumer education has been introduced in the National Minimum Curriculum in the year 2000. It is being taught in schools at primary and secondary level through the Home Economics and Personal and Social Development curricula.
It is worth mentioning that during this week between the 12 and 16 March, 2012, a short campaign of four sessions addressing Year 6 students and their parents is being organised at St Theresa College Primary School B’Kara. This campaign entitled Flusi f’Idejja! is an innovative pilot project aimed at creating awareness amongst students and parents on good decision-making and better money management in families. This initiative is being coordinated by the B’Kara Community Service – Appoġġ, St Theresa College with the support of Dr Frank Fabri, St Theresa College Principal and Mr Alexander Cassar, Head of B’Kara Primary School. The project is being run by a team of professionals from the Student Support Staff of St Theresa College, Appoġġ Community Worker, educators from the Home Economics Centre and Drama Unit staff.
The main aim of the project is to create awareness on better budgeting, through skills provided to the family units. It intends to give a positive perspective by emphasising the importance of using the family income wisely based on giving priority to basic needs. The programme aims at providing a learning experience to students and their parents though informal education.
The right to a healthy environment – To live and work in an environment which is non-threatening to the well-being of present and future generations.
A clean environment is essential for the health and well-being of present and future generations. Air pollution, poor water quality and insufficient sanitation and hazardous chemicals effect adversely human health. The related health impacts are respiratory and cardiovascular diseases, cancer, asthma and allergies as well as reproductive and neurodevelopmental disorders. Around 20% of the EU’s population suffer from noise levels. These can lead to annoyance, sleep disturbance and adverse health effects. Furthermore, transport is one of the main contributors to human exposure to air pollution and noise. In this scenario the EU has a series of directives aimed at preserving the environment and protecting human health.
Joyce Borg
Information, Education
& Research Directorate
Office for Consumer Affairs
Malta Competition
& Consumer Affairs Authority
Freephone 80074400
Websites: //www.consumers
international.org
//www.eea.europa.eu/themes/
human/intro
//eur-lex.europa.eu/Notice.do?mode=dbl&laang=en&ihmlang=en&Ing1=en,it&Ing
//ec.europa.eu/food/intro_en.htm
Consumer Affairs Act, Chap 378