NGO Repubblika and the Momentum party on Monday both welcomed the Government's proposal to amend the Constitution so that disability is expressly included among the grounds on which discrimination is prohibited.
This is a positive step, Repubblika said. Persons with disabilities should enjoy the full protection of the Constitution, and the law should leave no doubt that discrimination against them is unacceptable.
However, we do not understand why a constitutional amendment of such importance is being handled in this "unnecessarily secretive manner". According to media reports, stakeholders and the Opposition will be given only seven days to study the bill before the parliamentary debate begins.
Constitutional rights are not political trophies. They require serious scrutiny, public consultation, and the involvement of those most directly affected by them, Repubblika said.
Repubblika also reminded the Government that Malta's framework for protection against discrimination remains incomplete in one very important respect.
Protocol No. 12 to the European Convention on Human Rights establishes a general right not to be discriminated against by public authorities. Unlike Article 14 of the Convention, which applies only when another Convention right is engaged, Protocol No. 12 provides broader protection against discrimination in the enjoyment of rights provided by law and in a person's dealings with public authorities.
Malta ratified Protocol No. 12 in December 2015, and it entered into force for Malta on 1 April 2016. Yet ten years later, the Protocol has still not been incorporated into Maltese law. This means that Maltese citizens cannot rely on it before Maltese courts.
This is not a technical matter. The Constitutional Court has already confirmed, including in the case of Jonathan Ferris v Commissioner of Police, that Protocol No. 12 cannot be applied by Maltese courts because Parliament has not made it part of Malta's domestic law.
This omission weakens the protection available to people who suffer discrimination. It forces them to seek remedies in Strasbourg for rights that should be enforceable here in Malta, before our own courts, Repubblika said.
Momentum also welcomed the announcement that the first bill to be tabled in the new legislature will amend Malta's Constitution to explicitly prohibit discrimination on the basis of disability.
This proposal reflects a commitment that Momentum included in its electoral manifesto and is an important step towards ensuring that the fundamental rights of persons with disabilities are fully recognised and protected at the highest level of our legal framework.
The proposed amendment would add disability to the list already protected from discrimination under the Constitution. If approved by Parliament, it would strengthen the rights of thousands of people and send a clear message that discrimination has no place in Maltese society.
Momentum believes this development demonstrates that good ideas can influence the national agenda regardless of where they originate. As a young political party, Momentum is proud to see one of its manifesto proposals being taken forward so early in the new legislature.
Dr Matthew Agius, executive member of Momentum, said, "We are pleased that a proposal we championed is now being considered as the first bill of the new parliamentary term. There is more that needs to be done against cases of discrimination. For example, we propose that a person should not be discriminated against because of their age"
Momentum also called on all political parties represented in Parliament to support the constitutional amendment. Since constitutional changes require a two-thirds majority, this is an opportunity for Parliament to speak with one voice in favour of equality, dignity and inclusion for persons with disabilities.
Momentum said it remains committed to putting forward practical proposals that improve people's lives and strengthen Malta's democratic institutions, regardless of the size of the party proposing them.