Minister for Inclusion and Social Wellbeing Julia Farrugia Portelli has launched a public consultation process on the 2021 Act regarding the United Nations Convention on the Rights of Persons with Disabilities and the Act amending the Equal Opportunities Act.
During a press conference on Wednesday, Farrugia Portelli said that the 2021 act amending the equal opportunities act will create a domestic legal framework for the implementation of the United Nations Convention on the rights of person with disabilities, as well as enabling persons with disabilities to seek redress, when they are discriminated against in relation to the rights required by the Convention.
Minister Farrugia Portelli said that this draft creates or clarifies the tools by which people with disabilities can request such a remedy, while strengthen the position of the Commission for the Rights of Persons with Disability (CRPD) as the national regulator in the disability sector.
She added that the tangible proposals are to strengthen the powers of the CRPD in the field of investigations, compliance, and enforcement through its directorate. This will be done in order to bring it into line with the obligations of the Convention.
She remarked that this process was promised in the Labour party’s electoral manifesto.
Real access to true justice will also be granted to persons with disabilities and their families as required by Article 13 of the Convention. This will come into force by setting up a panel within the CRPD which will be analysing and judging small claims in terms of discrimination.
Farrugia Portelli added that the possibility of civil proceedings with regard to discrimination based on disability has been maintained, where the claim also includes a claim for damages.
This bill is also introducing amendments to strengthen the Test of Reasonableness Board (TORB) stemming from the Equal Opportunities Act and its operation.
“We are also opening the public consultation for a second law related to 2021 United Nations Convention on the Rights of Persons with Disabilities.”
She explained that following Malta’s signing of the United Nations Convention on the Rights of Persons with Disabilities in 2007, and ratifying it in 2012, the government now has an obligation to pass the necessary laws to implement it locally.
“Although parts of this convention have already been incorporated into our law through the Equal Opportuntiies Act, which was also amended in 2016, a number of things required by the convention are still not yet part of our law”, she added.
This law provides three important points including a structure within the Maltese government created to ensure that this convention is implemented, a national coordination structure which facilitate dialogue between different Ministries and departments and a forum for participation in civil society arising from the same convention.
The public consultation on these two acts has been opened today (19 May) and will run until 16 June at 11:59pm. It can be accessed through the government website: Public Consultations Online
Permanent Secretary Matthew Vella stressed that these two laws are a clear demonstration that people with disabilities and their relatives are at its centre. Participation is important in this consultation and he believes that these laws will bring about labour reforms.
He also remarked that the laws proposed would be implemented and would have the necessary impact.
The Commissioner for the Rights of Persons with Disabilities, Samantha Pace Gasan emphasised the importance of the full participation of persons with disabilities, their families and the organisation representing them at this stage of the consultation in order to ensure that these laws, on which the future of this sector will be based, are representative of their wishes and interests.