On 13 December 2006, the disability sector was marked by a highly significant achievement − the adoption of the Convention on the Rights of Persons with Disabilities (CRPD) and the Optional Protocol by the United Nation’s General Assembly. This Convention scored a number of firsts. It was the first treaty of the 21st century to be legally enforceable and specifically targeted towards people with disability. It was also the fastest negotiated treaty of its kind, and for the first time the people whose rights are addressed in the treaty were directly involved in its drafting, practising the disabled people’s rallying call of: ‘Nothing About Us Without Us’.

Mexico initiated the process in December 2001. It proposed to the United Nation’s General Assembly the establishment of an Ad Hoc Committee that would receive proposals of a convention that would promote and protect the rights and dignities of people with disabilities. The Convention was negotiated between 2002 and 2006, during eight sessions of the Ad Hoc Committee. The UNCRPD and its Optional Protocol were opened for signatories on 30 March 2007. On that day, there were 82 signatories to the Convention, 44 signatories to the Optional Protocol, and one ratification of the Convention. Malta was one of the first countries that signed the Convention and the Optional Protocol on 30 March 2007. To date, there are 153 signatories to the Convention, 90 signatories to the Optional Protocol, 117 ratifications to the Convention, and 117 ratifications of the Optional Protocol. Malta still needs to ratify both the Convention and Optional Protocol.

Why the need for a specific convention?

According to a report published by the World Health Organisation (WHO) in December 2011, 15 per cent of the world’s population, or one billion people, live with a disability. Although this is a significant number of the world’s population, and although disabled people often were and still are the target of persecution and discrimination, before 2006 there wasn’t any treaty specifically for them.

Traditionally, disability has been understood and described by what is known as the medical model. Simply put, this means that the problems encountered by disabled people are seen as stemming from the disabled person’s own impairment or limitation. It has been the custom of the vast majority of professionals and also society to try to change the disabled person to fit perceived ‘norms’. However, the CRPD is based on the social model of disability and its further aims are to give concrete substance to this model.

The social model of disability was created by people with disability themselves in reaction to the medical model, and as a result of their own experiences of isolation and oppression. It aims at shifting the focus away from the disabled person’s impairment and focusing instead on the need to change ‘socially constructed’ disabling barriers. It emphasises the conviction that it is society’s duty to change in order to accommodate the person with disability and not the other way around. The CRPD contributes by focusing on the need to modify certain social practices and policies so that people with disability are seen as citizens and equal bearers of human rights. The CRPD does not give any new rights to people with disability but provides a concrete form of human rights specifically for people with disability.

The Convention and

the Optional Protocol

The CRPD consists of a Preamble and 50 Articles. The Preamble is an introduction to the CRPD, which explains its purpose and its underlying philosophy. The Articles touch on various aspects of disability and go through the different stages of one’s life. The articles include Education (Article 24), Living Independently and Being Included in the Community (Article 19), Work and Employment (Article 27), and Participation in cultural life, recreation, leisure and sport (Article 30) among others.

The Optional Protocol can be signed and ratified separately from the CRPD. Malta has signed it together with the CRPD. The Optional Protocol consists of 18 Articles and includes an inquiry procedure as well as a complaints procedure.

By signing the CRPD and Optional Protocol, countries agree to refrain from acting in any way that would defeat the purpose and object of the Convention and Optional Protocol. The process following signing is that of ratification, which means that the country is now bound by law to the legal requirements of the convention. By ratifying, the country also agrees to implement and monitor the CRPD and Optional Protocol.

Working towards the implementation

of the convention

Although Malta has not yet ratified the CRPD, work towards its implementation is already in progress. The Disability Matters (Amendments) Act of 2012 was one of the major steps required for Malta to start moving and be in line with the CRPD. The amendments included substitutions of what is nowadays considered as offensive terminology, and which were not in harmony with the CRPD’s underlying philosophy. Furthermore, amendments in this Act showed a commitment by the country to guarantee the rights of people with disability.

The Guardianship Bill is also another step towards fulfilling the CRPD, particularly Article 12. This Bill introduces the system of guardianship for people with disability who need support to various degrees to be able to manage their own affairs. The National Commission People with Disability (KNPD) has held consultation discussions with people with disability and their representative organisations to discuss the draft law, which were then forwarded to Parliament. The Bill has been through the first reading in Parliament and is now in the second reading. The feedback received during the consultation period is being taken into account for proposed amendments to the Bill.

As part of its work in relation to the CRPD, KNPD has also drafted a report listing the different tasks that need to be undertaken by the relative ministries to continue further implementing the CRPD. One of the implementation tasks is the introduction of more effective evidence gathering from disabled people, especially those with intellectual impairment and people with communication difficulties, fulfilling Article 13. Another task mentioned in the report is the introduction of standards to ensure the monitoring of treatment and service provided in residential care, as is requested in Article 22. In conjunction with this, a handbook with guidelines and standards for residential homes should also be published.

Further investment in the training of more sign language interpreters in schools to aid in the inclusion of students with hearing impairments is another task mentioned in the report. This will fulfil part of Article 24, which recognises the rights of people with disability to education. Furthermore, in relation to this, KNPD also believes that Maltese sign language should be considered as an official language, fulfilling Article 9 on Accessibility. Also, the reservation currently present with respect to Article 29 (Participation in political and public life) needs to be removed, so that voting procedures, facilities and materials are appropriate and accessible to all.

KNPD has many challenges ahead and looks forward to continue contributing towards the implementation of the CRPD. An important challenge will be that of developing further the KNPD itself, in the light of its role as the independent mechanism to protect, promote and monitor the implementation of the CRPD, as stated in Article 33.2 as well as in the newly-amended Equal Opportunities Act.

KNPD is very much looking forward to the ratification of the CRPD, as this will continue to strengthen disabled people’s lives. It trusts that it will be done this year in order to coincide with the 25th anniversary of KNPD’s foundation.

Amy Camilleri Zahra is a KNPD Assistant Manager (UNCRPD)