UNITED NATIONS CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES ACT (ddi)

RIGHTS OF PERSONS WITH DISABILITIES

CHAPTER 627

UNITED NATIONS CONVENTION ON THE RIGHTS

OF PERSONS WITH DISABILITIES ACT

AN ACT to make provision for the possibility of civil claims alleging

discrimination on the basis of disability in respect of the substantive Articles

of the United Nations Convention on the Rights of Persons with Disabilities,

as well as to provide for other matters in respect of the implementation of the

said Convention.

17th August, 2021

ACT LIX of 2021.

The short title of this Act is the United Nations

Convention on the Rights of Persons with Disabilities Act.

[ARTICLE 2(2)(i)]

Article 2 of the United Nations Convention on the Rights of Persons with Disabilities

(UNCRPD)

Article 2

Definitions

For the purposes of the present Convention

•

"Communication" includes languages, display of text, Braille,

tactile communication, large print, accessible multimedia as well as written,

audio, plain-language, human-reader and augmentative and alternative modes,

means and formats of communication, including accessible information and

communication technology;

•

"Language" includes spoken and signed languages and other forms

of non spoken languages;

•

"Discrimination on the basis of disability" means any distinction,

exclusion or restriction on the basis of disability which has the purpose or effect

of impairing or nullifying the recognition, enjoyment or exercise, on an equal

basis with others, of all human rights and fundamental freedoms in the political,

economic, social, cultural, civil or any other field. It includes all forms of

discrimination, including denial of reasonable accommodation;

•

"Reasonable accommodation" means necessary and appropriate

modification and adjustments not imposing a disproportionate or undue burden,

where needed in a particular case, to ensure to persons with disabilities the

enjoyment or exercise on an equal basis with others of all human rights and

fundamental freedoms;

•

Universal design" means the design of products, environments,

programmes and services to be usable by all people, to the greatest extent

possible, without the need for adaptation or specialized design. "Universal

design" shall not exclude assistive devices for particular groups of persons with

disabilities where this is needed.

RIGHTS OF PERSONS WITH DISABILITIES

(1)

In this Act, unless the context otherwise

requires

"Convention" or "UNCRPD" means the United Nations

Convention on the Rights of Persons with Disabilities adopted

by the General Assembly by its resolution 61/106 of 13

December 2006 that entered into force on 3 May 2008, and

which the Government of Malta signed on 30 March 2007 and

ratified on 10 October 2012;

"DDI" means the Directorate for Disability Issues

established in accordance with article 5;

"disability" shall be construed within the meaning of

Article 1 of the Convention;

"ENGAGE" means the civil society participation

mechanism established within DDI in accordance with article

6;

"Minister" means the Minister responsible for disability

and the development of this sector, and includes any person

duly authorised by the said Minister to act in his name under

this Act;

"Optional Protocol" means the Optional Protocol to the

Convention, which the Government of Malta signed on 30

March 2007 and ratified on 10 October 2012;

RIGHTS OF PERSONS WITH DISABILITIES

"substantive Convention rights" means those rights as

set out in Articles 5 to 30 (both inclusive) of the Convention,

which Articles are reproduced in the Second Schedule, and are

enforceable subject to the Declaration and Reservations made

by the Government of Malta on the signing of the Convention

on 30 March 2007, as amended from time to time, and

reproduced in the Third Schedule

Provided that the substantive Convention rights shall not

be understood to mean fundamental rights and freedoms in

terms of the Constitution, or Human Rights and Fundamental

Freedoms in terms of the European Convention Act;

"UNCRPD Committee" means the United Nations

Committee on the Rights of Persons with Disabilities

established under Article 34 of the Convention;

"UNCRPD National Coordination Mechanism" means

the national coordination mechanism within Government as

established by DDI in accordance with article 5;

"UNCRPD Redress Panel" means the UNCRPD Redress

Panel established in terms of article 33B of the Equal

Opportunities (Persons with Disability) Act.

(2)

For the purposes of this Act, in interpreting the

substantive Convention rights

(i)

the definitions contained in Article 2 of the

Convention, as reproduced in the First Schedule, shall be

applicable;

(ii)

"discrimination on the basis of disability", while

having the same meaning as assigned to it in Article 2 of the

Convention, shall also include, but not be limited to, the

interpretative guidance set out in the Fourth Schedule;

(iii)

the General Comments issued by the UNCRPD

Committee shall be included in the Fifth Schedule, as amended

from time to time, and shall constitute interpretative guidance

when interpreting the substantive Convention rights;

(iv)

the UNCRPD Redress Panel, the Administrative

Review Tribunal and the Civil Courts shall, in determining any

decision on any claim brought before them, avail themselves

of a margin of appreciation that considers the national

circumstances at any point in time, in relation to the

interpretation of the substantive Convention rights and their

application.

RIGHTS OF PERSONS WITH DISABILITIES

[ARTICLE 2(1)]

Articles 5 to 30 of the United Nations Convention on the Rights of Persons with

Disabilities (UNCRPD)

Article 5

Equality and non-discrimination

1. States Parties recognize that all persons are equal before and under the law

and are entitled without any discrimination to the equal protection and equal benefit of

the law.

2. States Parties shall prohibit all discrimination on the basis of disability and

guarantee to persons with disabilities equal and effective legal protection against

discrimination on all grounds.

3. In order to promote equality and eliminate discrimination, States Parties

shall take all appropriate steps to ensure that reasonable accommodation is provided.

4. Specific measures which are necessary to accelerate or achieve de facto

equality of persons with disabilities shall not be considered discrimination under the

terms of the present Convention.

Article 6

Women with disabilities

1. States Parties recognize that women and girls with disabilities are subject

to multiple discrimination, and in this regard shall take measures to ensure the full and

equal enjoyment by them of all human rights and fundamental freedoms.

2. States Parties shall take all appropriate measures to ensure the full

development, advancement and empowerment of women, for the purpose of

guaranteeing them the exercise and enjoyment of the human rights and fundamental

freedoms set out in the present Convention.

Article 7

Children with disabilities

1. States Parties shall take all necessary measures to ensure the full

enjoyment by children with disabilities of all human rights and fundamental freedoms

on an equal basis with other children.

2. In all actions concerning children with disabilities, the best interests of the

child shall be a primary consideration.

3. States Parties shall ensure that children with disabilities have the right to

express their views freely on all matters affecting them, their views being given due

weight in accordance with their age and maturity, on an equal basis with other children,

and to be provided with disability and age-appropriate assistance to realize that right.

RIGHTS OF PERSONS WITH DISABILITIES

Article 8

Awareness-raising

1. States Parties undertake to adopt immediate, effective and appropriate

(a)

To raise awareness throughout society, including at the family

level, regarding persons with disabilities, and to foster respect for the rights and

dignity of persons with disabilities;

(b)

To combat stereotypes, prejudices and harmful practices relating to

persons with disabilities, including those based on sex and age, in all areas of

(c)

To promote awareness of the capabilities and contributions of

persons with disabilities.

2. Measures to this end include

(a)

Initiating and maintaining effective public awareness campaigns

(i)

To nurture receptiveness to the rights of persons with

disabilities;

(ii) To promote positive perceptions and greater social

awareness towards persons with disabilities;

(iii) To promote recognition of the skills, merits and abilities of

persons with disabilities, and of their contributions to the workplace and

the labour market;

(b)

Fostering at all levels of the education system, including in all

children from an early age, an attitude of respect for the rights of persons with

(c)

Encouraging all organs of the media to portray persons with

disabilities in a manner consistent with the purpose of the present Convention;

(d)

Promoting awareness-training programmes regarding persons with

disabilities and the rights of persons with disabilities.

Article 9

Accessibility

1. To enable persons with disabilities to live independently and participate

fully in all aspects of life, States Parties shall take appropriate measures to ensure to

persons with disabilities access, on an equal basis with others, to the physical

environment, to transportation, to information and communications, including

information and communications technologies and systems, and to other facilities and

services open or provided to the public, both in urban and in rural areas. These

measures, which shall include the identification and elimination of obstacles and

RIGHTS OF PERSONS WITH DISABILITIES

barriers to accessibility, shall apply to, inter alia

(a)

Buildings, roads, transportation and other indoor and outdoor

facilities, including schools, housing, medical facilities and workplaces;

(b)

Information, communications and other services, including

electronic services and emergency services.

2. States Parties shall also take appropriate measures to

(a)

Develop, promulgate and monitor the implementation of minimum

standards and guidelines for the accessibility of facilities and services open or

provided to the public;

(b)

Ensure that private entities that offer facilities and services which

are open or provided to the public take into account all aspects of accessibility

for persons with disabilities;

(c)

Provide training for stakeholders on accessibility issues facing

persons with disabilities;

(d)

Provide in buildings and other facilities open to the public signage

in Braille and in easy to read and understand forms;

(e)

Provide forms of live assistance and intermediaries, including

guides, readers and professional sign language interpreters, to facilitate

accessibility to buildings and other facilities open to the public;

(f)

Promote other appropriate forms of assistance and support to

persons with disabilities to ensure their access to information;

(g)

Promote access for persons with disabilities to new information

and communications technologies and systems, including the Internet;

(h)

Promote the design, development, production and distribution of

accessible information and communications technologies and systems at an early

stage, so that these technologies and systems become accessible at minimum

cost.

Article 10

Right to life

States Parties reaffirm that every human being has the inherent right to life and

shall take all necessary measures to ensure its effective enjoyment by persons with

disabilities on an equal basis with others.

Article 11

Situations of risk and humanitarian emergencies

States Parties shall take, in accordance with their obligations under international

law, including international humanitarian law and international human rights law, all

necessary measures to ensure the protection and safety of persons with disabilities in

RIGHTS OF PERSONS WITH DISABILITIES

situations of risk, including situations of armed conflict, humanitarian emergencies and

the occurrence of natural disasters.

Article 12

Equal recognition before the law

1. States Parties reaffirm that persons with disabilities have the right to

recognition everywhere as persons before the law.

2. States Parties shall recognize that persons with disabilities enjoy legal

capacity on an equal basis with others in all aspects of life.

3. States Parties shall take appropriate measures to provide access by persons

with disabilities to the support they may require in exercising their legal capacity.

4. States Parties shall ensure that all measures that relate to the exercise of

legal capacity provide for appropriate and effective safeguards to prevent abuse in

accordance with international human rights law. Such safeguards shall ensure that

measures relating to the exercise of legal capacity respect the rights, will and

preferences of the person, are free of conflict of interest and undue influence, are

proportional and tailored to the person’s circumstances, apply for the shortest time

possible and are subject to regular review by a competent, independent and impartial

authority or judicial body. The safeguards shall be proportional to the degree to which

such measures affect the person’s rights and interests.

5. Subject to the provisions of this article, States Parties shall take all

appropriate and effective measures to ensure the equal right of persons with disabilities

to own or inherit property, to control their own financial affairs and to have equal

access to bank loans, mortgages and other forms of financial credit, and shall ensure

that persons with disabilities are not arbitrarily deprived of their property.

Article 13

Access to justice

1. States Parties shall ensure effective access to justice for persons with

disabilities on an equal basis with others, including through the provision of procedural

and age-appropriate accommodations, in order to facilitate their effective role as direct

and indirect participants, including as witnesses, in all legal proceedings, including at

investigative and other preliminary stages.

2. In order to help to ensure effective access to justice for persons with

disabilities, States Parties shall promote appropriate training for those working in the

field of administration of justice, including police and prison staff.

Article 14

Liberty and security of the person

1. States Parties shall ensure that persons with disabilities, on an equal basis

with others

(a)

enjoy the right to liberty and security of person;

RIGHTS OF PERSONS WITH DISABILITIES

(b)

are not deprived of their liberty unlawfully or arbitrarily, and that

any deprivation of liberty is in conformity with the law, and that the existence of

a disability shall in no case justify a deprivation of liberty.

2. States Parties shall ensure that if persons with disabilities are deprived of

their liberty through any process, they are, on an equal basis with others, entitled to

guarantees in accordance with international human rights law and shall be treated in

compliance with the objectives and principles of this Convention, including by

provision of reasonable accommodation.

Article 15

Freedom from torture or cruel, inhuman or degrading treatment or punishment

1. No one shall be subjected to torture or to cruel, inhuman or degrading

treatment or punishment. In particular, no one shall be subjected without his or her free

consent to medical or scientific experimentation.

2. States Parties shall take all effective legislative, administrative, judicial or

other measures to prevent persons with disabilities, on an equal basis with others, from

being subjected to torture or cruel, inhuman or degrading treatment or punishment.

Article 16

Freedom from exploitation, violence and abuse

1. States Parties shall take all appropriate legislative, administrative, social,

educational and other measures to protect persons with disabilities, both within and

outside the home, from all forms of exploitation, violence and abuse, including their

gender-based aspects.

2. States Parties shall also take all appropriate measures to prevent all forms

of exploitation, violence and abuse by ensuring, inter alia, appropriate forms of gender

and age-sensitive assistance and support for persons with disabilities and their families

and caregivers, including through the provision of information and education on how to

avoid, recognize and report instances of exploitation, violence and abuse. States Parties

shall ensure that protection services are age, gender and disability-sensitive.

3. In order to prevent the occurrence of all forms of exploitation, violence

and abuse, States Parties shall ensure that all facilities and programmes designed to

serve persons with disabilities are effectively monitored by independent authorities.

4. States Parties shall take all appropriate measures to promote the physical,

cognitive and psychological recovery, rehabilitation and social reintegration of persons

with disabilities who become victims of any form of exploitation, violence or abuse,

including through the provision of protection services. Such recovery and reintegration

shall take place in an environment that fosters the health, welfare, self-respect, dignity

and autonomy of the person and takes into account gender and age-specific needs.

5. States Parties shall put in place effective legislation and policies, including

women and child-focused legislation and policies, to ensure that instances of

exploitation, violence and abuse against persons with disabilities are identified,

investigated and, where appropriate, prosecuted.

RIGHTS OF PERSONS WITH DISABILITIES

Article 17

Protecting the integrity of the person

Every person with disabilities has a right to respect for his or her physical and

mental integrity on an equal basis with others.

Article 18

Liberty of movement and nationality

1. States Parties shall recognize the rights of persons with disabilities to

liberty of movement, to freedom to choose their residence and to a nationality, on an

equal basis with others, including by ensuring that persons with disabilities

(a)

Have the right to acquire and change a nationality and are not

deprived of their nationality arbitrarily or on the basis of disability;

(b)

Are not deprived, on the basis of disability, of their ability to

obtain, possess and utilize documentation of their nationality or other

documentation of identification, or to utilize relevant processes such as

immigration proceedings, that may be needed to facilitate exercise of the right to

liberty of movement;

(c)

Are free to leave any country, including their own;

(d)

Are not deprived, arbitrarily or on the basis of disability, of the

right to enter their own country.

2. Children with disabilities shall be registered immediately after birth and

shall have the right from birth to a name, the right to acquire a nationality and, as far as

possible, the right to know and be cared for by their parents.

Article 19

Living independently and being included in the community

States Parties to this Convention recognize the equal right of all persons with

disabilities to live in the community, with choices equal to others, and shall take

effective and appropriate measures to facilitate full enjoyment by persons with

disabilities of this right and their full inclusion and participation in the community,

including by ensuring that

(a)

Persons with disabilities have the opportunity to choose their place

of residence and where and with whom they live on an equal basis with others

and are not obliged to live in a particular living arrangement;

(b)

Persons with disabilities have access to a range of in-home,

residential and other community support services, including personal assistance

necessary to support living and inclusion in the community, and to prevent

isolation or segregation from the community;

(c)

Community services and facilities for the general population are

available on an equal basis to persons with disabilities and are responsive to their

needs.

RIGHTS OF PERSONS WITH DISABILITIES

Article 20

Personal mobility

States Parties shall take effective measures to ensure personal mobility with the

greatest possible independence for persons with disabilities, including by

(a)

Facilitating the personal mobility of persons with disabilities in the

manner and at the time of their choice, and at affordable cost;

(b)

Facilitating access by persons with disabilities to quality mobility

aids, devices, assistive technologies and forms of live assistance and

intermediaries, including by making them available at affordable cost;

(c)

Providing training in mobility skills to persons with disabilities

and to specialist staff working with persons with disabilities;

(d)

Encouraging entities that produce mobility aids, devices and

assistive technologies to take into account all aspects of mobility for persons

with disabilities.

Article 21

Freedom of expression and opinion, and access to information

States Parties shall take all appropriate measures to ensure that persons with

disabilities can exercise the right to freedom of expression and opinion, including the

freedom to seek, receive and impart information and ideas on an equal basis with others

and through all forms of communication of their choice, as defined in Article 2 of the

present Convention, including by

(a)

Providing information intended for the general public to persons

with disabilities in accessible formats and technologies appropriate to different

kinds of disabilities in a timely manner and without additional cost;

(b)

Accepting and facilitating the use of sign languages, Braille,

augmentative and alternative communication, and all other accessible means,

modes and formats of communication of their choice by persons with disabilities

in official interactions;

(c)

Urging private entities that provide services to the general public,

including through the Internet, to provide information and services in accessible

and usable formats for persons with disabilities;

(d)

Encouraging the mass media, including providers of information

through the Internet, to make their services accessible to persons with

disabilities;

(e)

Recognizing and promoting the use of sign languages.

Article 22

Respect for privacy

1. No person with disabilities, regardless of place of residence or living

RIGHTS OF PERSONS WITH DISABILITIES

arrangements, shall be subjected to arbitrary or unlawful interference with his or her

privacy, family, home or correspondence or other types of communication or to

unlawful attacks on his or her honour and reputation. Persons with disabilities have the

right to the protection of the law against such interference or attacks.

2. States Parties shall protect the privacy of personal, health and

rehabilitation information of persons with disabilities on an equal basis with others.

Article 23

Respect for home and the family

1. States Parties shall take effective and appropriate measures to eliminate

discrimination against persons with disabilities in all matters relating to marriage,

family, parenthood and relationships, on an equal basis with others, so as to ensure that

(a)

The right of all persons with disabilities who are of marriageable

age to marry and to found a family on the basis of free and full consent of the

intending spouses is recognized;

(b)

The rights of persons with disabilities to decide freely and

responsibly on the number and spacing of their children and to have access to

age-appropriate information, reproductive and family planning education are

recognized, and the means necessary to enable them to exercise these rights are

provided;

(c)

Persons with disabilities, including children, retain their fertility

on an equal basis with others.

2. States Parties shall ensure the rights and responsibilities of persons with

disabilities, with regard to guardianship, wardship, trusteeship, adoption of children or

similar institutions, where these concepts exist in national legislation; in all cases the

best interests of the child shall be paramount. States Parties shall render appropriate

assistance to persons with disabilities in the performance of their child-rearing

responsibilities.

3. States Parties shall ensure that children with disabilities have equal rights

with respect to family life. With a view to realizing these rights, and to prevent

concealment, abandonment, neglect and segregation of children with disabilities, States

Parties shall undertake to provide early and comprehensive information, services and

support to children with disabilities and their families.

4. States Parties shall ensure that a child shall not be separated from his or

her parents against their will, except when competent authorities subject to judicial

review determine, in accordance with applicable law and procedures, that such

separation is necessary for the best interests of the child. In no case shall a child be

separated from parents on the basis of a disability of either the child or one or both of

the parents.

5. States Parties shall, where the immediate family is unable to care for a

child with disabilities, undertake every effort to provide alternative care within the

wider family, and failing that, within the community in a family setting.

RIGHTS OF PERSONS WITH DISABILITIES

Article 24

Education

1. States Parties recognize the right of persons with disabilities to education.

With a view to realizing this right without discrimination and on the basis of equal

opportunity, States Parties shall ensure an inclusive education system at all levels and

life long learning directed to

(a)

The full development of human potential and sense of dignity and

self-worth, and the strengthening of respect for human rights, fundamental

freedoms and human diversity;

(b)

The development by persons with disabilities of their personality,

talents and creativity, as well as their mental and physical abilities, to their fullest

(c)

Enabling persons with disabilities to participate effectively in a

free society.

2. In realizing this right, States Parties shall ensure that

(a)

Persons with disabilities are not excluded from the general

education system on the basis of disability, and that children with disabilities are

not excluded from free and compulsory primary education, or from secondary

education, on the basis of disability;

(b)

Persons with disabilities can access an inclusive, quality and free

primary education and secondary education on an equal basis with others in the

communities in which they live;

(c)

Reasonable accommodation of the individual’s requirements is

(d)

Persons with disabilities receive the support required, within the

general education system, to facilitate their effective education;

(e)

Effective individualized support measures are provided in

environments that maximize academic and social development, consistent with

the goal of full inclusion.

3. States Parties shall enable persons with disabilities to learn life and social

development skills to facilitate their full and equal participation in education and as

members of the community. To this end, States Parties shall take appropriate measures,

(a)

Facilitating the learning of Braille, alternative script, augmentative

and alternative modes, means and formats of communication and orientation and

mobility skills, and facilitating peer support and mentoring;

(b)

Facilitating the learning of sign language and the promotion of the

linguistic identity of the deaf community;

RIGHTS OF PERSONS WITH DISABILITIES

(c)

Ensuring that the education of persons, and in particular children,

who are blind, deaf or deaf blind, is delivered in the most appropriate languages

and modes and means of communication for the individual, and in environments

which maximize academic and social development.

4. In order to help ensure the realization of this right, States Parties shall take

appropriate measures to employ teachers, including teachers with disabilities, who are

qualified in sign language and/or Braille, and to train professionals and staff who work

at all levels of education. Such training shall incorporate disability awareness and the

use of appropriate augmentative and alternative modes, means and formats of

communication, educational techniques and materials to support persons with

disabilities.

5. States Parties shall ensure that persons with disabilities are able to access

general tertiary education, vocational training, adult education and lifelong learning

without discrimination and on an equal basis with others. To this end, States Parties

shall ensure that reasonable accommodation is provided to persons with disabilities.

Article 25

Health

States Parties recognize that persons with disabilities have the right to the

enjoyment of the highest attainable standard of health without discrimination on the

basis of disability. States Parties shall take all appropriate measures to ensure access for

persons with disabilities to health services that are gender-sensitive, including health-

related rehabilitation. In particular, States Parties shall

(a)

Provide persons with disabilities with the same range, quality and

standard of free or affordable health care and programmes as provided to other

persons, including in the area of sexual and reproductive health and population-

based public health programmes;

(b)

Provide those health services needed by persons with disabilities

specifically because of their disabilities, including early identification and

intervention as appropriate, and services designed to minimize and prevent

further disabilities, including among children and older persons;

(c)

Provide these health services as close as possible to people’s own

communities, including in rural areas;

(d)

Require health professionals to provide care of the same quality to

persons with disabilities as to others, including on the basis of free and informed

consent by, inter alia, raising awareness of the human rights, dignity, autonomy

and needs of persons with disabilities through training and the promulgation of

ethical standards for public and private health care;

(e)

Prohibit discrimination against persons with disabilities in the

provision of health insurance, and life insurance where such insurance is

permitted by national law, which shall be provided in a fair and reasonable

manner;

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(f)

Prevent discriminatory denial of health care or health services or

food and fluids on the basis of disability.

Article 26

Habilitation and rehabilitation

1. States Parties shall take effective and appropriate measures, including

through peer support, to enable persons with disabilities to attain and maintain

maximum independence, full physical, mental, social and vocational ability, and full

inclusion and participation in all aspects of life. To that end, States Parties shall

organize, strengthen and extend comprehensive habilitation and rehabilitation services

and programmes, particularly in the areas of health, employment, education and social

services, in such a way that these services and programmes

(a)

Begin at the earliest possible stage, and are based on the

multidisciplinary assessment of individual needs and strengths;

(b)

Support participation and inclusion in the community and all

aspects of society, are voluntary, and are available to persons with disabilities as

close as possible to their own communities, including in rural areas.

2. States Parties shall promote the development of initial and continuing

training for professionals and staff working in habilitation and rehabilitation services.

3. States Parties shall promote the availability, knowledge and use of

assistive devices and technologies, designed for persons with disabilities, as they relate

to habilitation and rehabilitation.

Article 27

Work and employment

1. States Parties recognize the right of persons with disabilities to work, on

an equal basis with others; this includes the right to the opportunity to gain a living by

work freely chosen or accepted in a labour market and work environment that is open,

inclusive and accessible to persons with disabilities. States Parties shall safeguard and

promote the realization of the right to work, including for those who acquire a disability

during the course of employment, by taking appropriate steps, including through

legislation, to, inter alia

(a)

Prohibit discrimination on the basis of disability with regard to all

matters concerning all forms of employment, including conditions of

recruitment, hiring and employment, continuance of employment, career

advancement and safe and healthy working conditions;

(b)

Protect the rights of persons with disabilities, on an equal basis

with others, to just and favourable conditions of work, including equal

opportunities and equal remuneration for work of equal value, safe and healthy

working conditions, including protection from harassment, and the redress of

grievances;

(c)

Ensure that persons with disabilities are able to exercise their

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labour and trade union rights on an equal basis with others;

(d)

Enable persons with disabilities to have effective access to general

technical and vocational guidance programmes, placement services and

vocational and continuing training;

(e)

Promote employment opportunities and career advancement for

persons with disabilities in the labour market, as well as assistance in finding,

obtaining, maintaining and returning to employment;

(f)

Promote opportunities for self-employment, entrepreneurship, the

development of cooperatives and starting one’s own business;

(g)

Employ persons with disabilities in the public sector;

(h)

Promote the employment of persons with disabilities in the private

sector through appropriate policies and measures, which may include affirmative

action programmes, incentives and other measures;

(i)

Ensure that reasonable accommodation is provided to persons with

disabilities in the workplace;

(j)

Promote the acquisition by persons with disabilities of work

experience in the open labour market;

(k)

Promote vocational and professional rehabilitation, job retention

and return-to-work programmes for persons with disabilities.

2. States Parties shall ensure that persons with disabilities are not held in

slavery or in servitude, and are protected, on an equal basis with others, from forced or

compulsory labour.

Article 28

Adequate standard of living and social protection

1. States Parties recognize the right of persons with disabilities to an

adequate standard of living for themselves and their families, including adequate food,

clothing and housing, and to the continuous improvement of living conditions, and shall

take appropriate steps to safeguard and promote the realization of this right without

discrimination on the basis of disability.

2. States Parties recognize the right of persons with disabilities to social

protection and to the enjoyment of that right without discrimination on the basis of

disability, and shall take appropriate steps to safeguard and promote the realization of

this right, including measures

(a)

To ensure equal access by persons with disabilities to clean water

services, and to ensure access to appropriate and affordable services, devices and

other assistance for disability-related needs;

(b)

To ensure access by persons with disabilities, in particular women

and girls with disabilities and older persons with disabilities, to social protection

RIGHTS OF PERSONS WITH DISABILITIES

programmes and poverty reduction programmes;

(c)

To ensure access by persons with disabilities and their families

living in situations of poverty to assistance from the State with disability-related

expenses, including adequate training, counselling, financial assistance and

respite care;

(d)

To ensure access by persons with disabilities to public housing

programmes;

(e)

To ensure equal access by persons with disabilities to retirement

benefits and programmes.

Article 29

Participation in political and public life

States Parties shall guarantee to persons with disabilities political rights and the

opportunity to enjoy them on an equal basis with others, and shall undertake to

(a)

Ensure that persons with disabilities can effectively and fully

participate in political and public life on an equal basis with others, directly or

through freely chosen representatives, including the right and opportunity for

persons with disabilities to vote and be elected, inter alia, by

(i)

Ensuring that voting procedures, facilities and materials

are appropriate, accessible and easy to understand and use;

(ii) Protecting the right of persons with disabilities to vote by

secret ballot in elections and public referenda without intimidation, and to

stand for elections, to effectively hold office and perform all public

functions at all levels of government, facilitating the use of assistive and

new technologies where appropriate;

(iii) Guaranteeing the free expression of the will of persons

with disabilities as electors and to this end, where necessary, at their

request, allowing assistance in voting by a person of their own choice;

(b)

Promote actively an environment in which persons with

disabilities can effectively and fully participate in the conduct of public affairs,

without discrimination and on an equal basis with others, and encourage their

participation in public affairs, including

(i)

Participation in non-governmental organizations and

associations concerned with the public and political life of the country, and

in the activities and administration of political parties;

(ii) Forming and joining organizations of persons with

disabilities to represent persons with disabilities at international, national,

regional and local levels.

RIGHTS OF PERSONS WITH DISABILITIES

Article 30

Participation in cultural life, recreation, leisure and sport

1. States Parties recognize the right of persons with disabilities to take part

on an equal basis with others in cultural life, and shall take all appropriate measures to

ensure that persons with disabilities

(a)

Enjoy access to cultural materials in accessible formats;

(b)

Enjoy access to television programmes, films, theatre and other

cultural activities, in accessible formats;

(c)

Enjoy access to places for cultural performances or services, such

as theatres, museums, cinemas, libraries and tourism services, and, as far as

possible, enjoy access to monuments and sites of national cultural importance.

2. States Parties shall take appropriate measures to enable persons with

disabilities to have the opportunity to develop and utilize their creative, artistic and

intellectual potential, not only for their own benefit, but also for the enrichment of

society.

3. States Parties shall take all appropriate steps, in accordance with

international law, to ensure that laws protecting intellectual property rights do not

constitute an unreasonable or discriminatory barrier to access by persons with

disabilities to cultural materials.

4. Persons with disabilities shall be entitled, on an equal basis with others, to

recognition and support of their specific cultural and linguistic identity, including sign

languages and deaf culture.

5. With a view to enabling persons with disabilities to participate on an equal

basis with others in recreational, leisure and sporting activities, States Parties shall take

appropriate measures

(a)

To encourage and promote the participation, to the fullest extent

possible, of persons with disabilities in mainstream sporting activities at all

levels;

(b)

To ensure that persons with disabilities have an opportunity to

organize, develop and participate in disability-specific sporting and recreational

activities and, to this end, encourage the provision, on an equal basis with others,

of appropriate instruction, training and resources;

(c)

To ensure that persons with disabilities have access to sporting,

recreational and tourism venues;

(d)

To ensure that children with disabilities have equal access with

other children to participation in play, recreation and leisure and sporting

activities, including those activities in the school system;

(e)

To ensure that persons with disabilities have access to services

from those involved in the organization of recreational, tourism, leisure and

sporting activities.

RIGHTS OF PERSONS WITH DISABILITIES

(1)

Any person indicated in article 33B(4) of the

Equal Opportunities (Persons with Disability) Act who alleges

discrimination on the basis of disability, in respect of any of the

substantive Convention rights, may submit a petition to the UNCRPD

Redress Panel, in respect of the claim of alleged discrimination, in

order that such Panel could examine the said petition and decide upon

it.

(2) Any person or entity indicated in article 33A and, or

33B(4) of the Equal Opportunities (Persons with Disability) Act that

alleges discrimination on the basis of disability, in respect of any of

the substantive Convention rights, and when the remedy sought in

respect of said alleged discrimination also includes a remedy of a

pecuniary nature, whether said remedy is sought in conjunction with

any other form of remedy or otherwise, can avail themselves of a

civil action, in terms of article 33E(1) of the Equal Opportunities

(Persons with Disability) Act.

[ARTICLE 2(1)]

Declaration and Reservations made by the Republic of Malta upon the signing of the

Convention on the Rights of Persons with Disabilities and its Optional Protocol

Interpretative statement made upon ratification

"[…] Pursuant to Article 25 of the Convention, Malta makes the following

Interpretative Statement - Malta understands that the phrase "sexual and reproductive

health" in Article 25(a) of the Convention does not constitute recognition of any new

international law obligation, does not create any abortion rights, and cannot be

interpreted to constitute support, endorsement, or promotion of abortion. Malta further

understands that the use of this phrase is intended exclusively to underline the point that

where health services are provided, they are provided without discrimination on the

basis of disability.

Malta’s national legislation considers the termination of pregnancy through

induced abortion as illegal.".

Reservations made upon ratification

"[…] Pursuant to Article 29(a)(i) and (iii) of the Convention, while the

Government of Malta is fully committed to ensure the effective and full participation of

persons with disabilities in political and public life, including the exercise of their right

to vote by secret ballot in elections and referenda, and to stand for elections, Malta

makes the following reservations

With regard to (a)(i)

Malta reserves the right to continue to apply its current electoral legislation

insofar as voting procedures, facilities and materials are concerned.

With regard to (a)(iii)

Malta reserves the right to continue to apply its current electoral legislation

insofar as assistance in voting procedures is concerned.".

Interpretative statement and reservation made upon signature

"(a) Pursuant to Article 25 of the Convention, Malta makes the following

Interpretative Statement - Malta understands that the phrase "sexual and reproductive

health" in Art 25 (a) of the Convention does not constitute recognition of any new

international law obligation, does not create any abortion rights, and cannot be

interpreted to constitute support, endorsement, or promotion of abortion. Malta further

understands that the use of this phrase is intended exclusively to underline the point that

where health services are provided, they are provided without discrimination on the

basis of disability.

Malta’s national legislation considers the termination of pregnancy through

induced abortion as illegal.

(b)

Pursuant to Article 29(a)(i) and (iii) of the Convention, while the

RIGHTS OF PERSONS WITH DISABILITIES

Government of Malta is fully committed to ensure the effective and full participation of

persons with disabilities in political and public life, including the exercise of their right

to vote by secret ballot in elections and referenda, and to stand for elections, Malta

makes the following reservations

With regard to (a)(i)

At this stage, Malta reserves the right to continue to apply its current electoral

legislation insofar as voting procedures, facilities and materials are concerned.

With regard to (a)(iii)

Malta reserves the right to continue to apply its current electoral legislation

insofar as assistance in voting procedures is concerned.".

RIGHTS OF PERSONS WITH DISABILITIES

When another law, not being the Constitution, the

European Convention Act, the Equal Opportunities (Persons with

Disability) Act or the European Union Act is inconsistent with this

Act, this Act shall prevail when such inconsistency regards the

substantive Convention rights.

[ARTICLE 2(2)(ii)]

Interpretative Guidance on Discrimination on the basis of Disability

In this Schedule, unless the context otherwise requires

"child" means a minor under the care and custody of the

natural or adoptive parents, or under the care of foster carers;

"compulsory school age", in relation to a person, means

the age at which such person is subject to the provisions of the

Education Act insofar as these relate to such age;

"contract of service" means an agreement of

employment between two persons, or between one person and

an association of persons, whether written, oral or implied,

whereby the employee shall be under an obligation to render to

the employer services for definite hours, be it on a full-time,

part-time or temporary basis, at a specified wage, salary,

remuneration in kind or any other benefit or privilege, subject

to the right of the employer to exercise control, supervision,

direction, and any form of disciplinary action, as may be

allowed by law, over the employee as to the method of

performance of his duties;

"educational authority" means a body or person

administering an educational institution;

"educational institution" means a kindergarten, school,

college, university or other institution at which education or

training is provided;

"employment" means work under a contract of service;

"employment agency" means any person who, or

association of persons that, whether for payment or not, assists

persons to find employment or other work or assists employers

to find employees or workers, and includes any activity carried

out in Malta for the recruitment of persons for employment in

Malta or outside Malta;

"family member", in relation to an individual, includes

(a)

the parents;

(b)

the spouse or the partner;

(c)

a son, daughter, brother or sister aged

eighteen years or over;

(d)

foster carers; and

RIGHTS OF PERSONS WITH DISABILITIES

(e)

a legal tutor or curator of that individual;

"foster carer" shall have the same definition as provided

for under the Foster Care Act;

"minor" means those persons who have not attained the

age of majority as defined under the Civil Code;

"pensionable age", in relation to a person, means any

age during which such person is entitled to a pension in respect

of retirement under the provisions of the Social Security Act;

"property" includes all existing and new buildings and

outdoor areas such as streets, pavements, public paths, beaches

and gardens;

"qualified person with a disability" means

(a)

in relation to any employment as is

referred to in Section B of this Schedule, a person with a

disability who is over compulsory school age but has not

yet reached pensionable age, and who, with or without

any reasonable accommodation in accordance with the

aforementioned Section, can perform the essential

functions of the employment position that he holds or

applies for or can hold or apply for; or

(b)

in relation to the provision and use of

goods, facilities or services as are referred to in Section

E of this Schedule, a person with a disability who meets

the essential eligibility requirements for the provision

and use of such goods, facilities or services or for

participation in such programmes or activities as maybe

provided by any person or body in terms of this

Schedule.

A.

GENERAL

A person would be discriminating with another person due to

disability if such person

(a)

inhibits the free thought, social and economic

improvement, and the integration in society of that person;

(b)

deprives the other person from the protection

and rights provided by law;

(c)

fails to provide full access to a person with

disability for all those actions provided by law;

(d)

fails to furnish information with regard to the

RIGHTS OF PERSONS WITH DISABILITIES

rights of the other person by means of communication which

the other person can understand;

(e)

fails to offer help to the other person in

procedures linked to an investigation, the giving of evidence

and other similar procedures;

(f)

knowingly limits or by any other act inhibits the

enjoyment of any right acquired by the other person both inter

vivos or causa mortis;

(g)

refers to a person or persons, or addresses them

in a language which is disrespectful, both directly as well as by

references on all means of communication, such as, but not

limited to, broadcasting, publishing and correspondence;

(h)

in circumstances which are similar or are not

materially different, and with different accommodation and,

or, services that may be required by the person with a

disability in no case being deemed as constituting said

circumstances, he treats or proposes to treat a person who has a

disability less favourably than he treats or would treat a person

who does not have such a disability;

(i)

treats or proposes to treat a person less

favourably on the basis of a characteristic that appertains

generally to persons who have such a disability, or a presumed

characteristic that is generally imputed to persons who have

such a disability;

(j)

requires such other person to comply with a

requirement or condition with which the majority of persons

who do not have the disability comply or are able to comply,

which is unreasonable in the circumstances of the case, and

with which such other person does not comply or is unable to

comply;

(k)

treats or proposes to treat such other person less

favourably than he treats or would treat others who do not

have such a disability because of the fact that such other

person is accompanied by or possesses any assistive means

that is used by such other person or because of any matter

related to that fact, whether or not it is the practice to treat in

such less favourable manner any person who is accompanied

by or is in possession of such assistive means;

(l)

victimises any person for having made a

complaint to the lawful authorities or for having initiated or

participated in the proceedings for redress on grounds of an

alleged breach of any of the provisions of this Act, or for

RIGHTS OF PERSONS WITH DISABILITIES

having disclosed any information, confidential or otherwise, to

a lawful authority regarding alleged discriminatory behaviour,

activities or practices;

(m)

subjects such other person to a particular

disadvantage through an apparently neutral provision, criterion

or practice;

(n)

fails to publicise, in an effective manner, those

goods, facilities and services provided by him to persons with

disability, in order to eliminate discrimination prohibited under

this Act;

(o)

treats or proposes to treat such other person less

favourably than he treats or would treat others who do not

have such a disability because of the fact that such other

person is accompanied by an interpreter, a reader, an assistant,

or a carer, with such person providing interpretative, reading

or other services to such other person because of the disability

of such other person or because of any matter related to that

fact, whether or not it is the practice to treat less favourably

any person who is accompanied by an interpreter, a reader, an

assistant or a carer, as the case may be.

B.

EMPLOYMENT

1. (1)

No employer shall discriminate on the grounds

of disability against a qualified person with a disability in regard to

(a)

procedures

relative

to

applications

for

employment;

(b)

the

hiring,

promotion

or

dismissal

of

employees;

(c)

employee compensation;

(d)

job training; and

(e)

any other terms, conditions and privileges

related to employment.

(2) For the purposes of paragraph (1) and without prejudice

to the generality of this Act, an employer shall be considered

to discriminate on the grounds of disability against a person as is

referred to therein, if such employer unreasonably

(a)

limits, segregates or classifies such a person in

a way that adversely affects the opportunities or status of

such a person; or

RIGHTS OF PERSONS WITH DISABILITIES

(b)

participates in any contract, or other

arrangement or relationship, the implementation of which has

the effect of subjecting such a person to discrimination; or

(c)

uses standards, criteria or methods of

administration that have an adverse effect on the

opportunities, status or benefits of such a person; or

(d)

fails to make reasonable accommodation for the

disability of such a person, unless the employer can prove that

the required alterations would unduly prejudice the operation

of the trade or business run by such employer; or

(e)

denies employment opportunities to such a

person where such denial is based on the need of the employer

to make alterations for the disability of such a person; or

(f)

uses qualification standards, employment tests,

or other selection criteria that screen out or tend to screen out

a person or a class of persons with a disability unless the

employer can prove that the standards, tests or other selection

criteria are an essential qualification or requirement for the

position in question; or

(g)

fails to select and to administer tests concerning

employment in the manner most effective to ensure that,

when the test is administered to such a person and such

person happens to have a disability that impairs sensory,

manual or speaking skills, the results of such tests accurately

reflect the skills or aptitudes of such a person.

(3) Whenever an employer excludes from any employment

or continuation of employment a person who is qualified to take up

such employment or to continue in such employment or otherwise

limits in any way the opportunities, status or benefits of such a

person because of the disability of another person with whom such

person is known or believed to have a relationship or association,

such exclusion or limitation shall, for the purposes of this Section,

be deemed as if it were a discrimination on the grounds of

disability against a person as is referred to in paragraph (1).

(4) For the purposes of paragraph (2)(d), the factors to be

considered in determining whether any alterations would unduly

prejudice the operation of the trade or business run by the employer

shall include:-

(a)

the nature and cost of the alterations;

(b)

the overall financial resources of the workplace

involved in the making of the alterations;

RIGHTS OF PERSONS WITH DISABILITIES

(c)

the number of employees at the workplace

requiring alterations;

(d)

the effect on expenses and resources and the

impact of the required alterations upon the operation of the

workplace;

(e)

the overall financial resources of the employer;

(f)

the overall size of the business of the employer

including the number of employees, and the number, type and

location of its workplaces;

(g)

the type of operation or operations of the

employer, including the composition, structure and functions

of the work-force; and

(h)

the availability of financial assistance from

public funds to defray the expense of any alterations.

(5) For the purposes of this Section, the term "make

r e a s o n a b l e accommodation" includes

(a)

making existing facilities used by employees

readily accessible to and usable by persons with disabilities;

(b)

restructuring jobs, instituting part-time or

modified work schedules, reassigning vacant positions,

acquiring or modifying equipment or devices, appropriately

adjusting or modifying examinations, training materials or

policies, providing qualified readers or interpreters, and

making any other similar alterations for a person with a

disability; and

(c)

quality and vocational career guide, which

guide shall be free for the person with disability.

2. (1)

Save as provided for in paragraphs (2) and (3),

an employer shall not conduct or require any medical examination

or otherwise make any enquiries of an applicant for employment or

of any of his employees as to whether such applicant or employee is

a person with a disability or as to the nature or severity of such

disability except to ascertain the ability of the applicant to perform

job-related functions or to identify the cost involved in any

adaptations that may be required as a result of such disability.

(2) After an offer of employment has been made to an

applicant for employment, and prior to the commencement of

such employment, an employer may conduct or require a

medical examination or make the offer of such employment

conditional on the results of such examination if all applicants for

RIGHTS OF PERSONS WITH DISABILITIES

this same kind of employment are made subject to such an

examination.

(3) Whenever an examination as is referred to in

paragraphs (1) and (2) is in fact conducted, any information

obtained regarding the medical condition and history of the

applicant in relation to his disability shall be

(a)

collected and maintained on separate forms;

(b)

kept in separate medical files; and

(c)

treated as a confidential medical record.

(4) Notwithstanding the provisions of paragraph (3), if

such applicant is subsequently employed, nothing shall preclude

his employer from informing, if he so deems fit

(a)

supervisors and managers within the same

establishment regarding any necessary restrictions on the

work or duties of such applicant and any alterations that may

be required; and

(b)

first aid and safety personnel regarding any

emergency treatment that might be required by such

applicant because of his disability or regarding any special

precautions that might need to be taken because of the said

disability.

(5) Further to the provisions of paragraph (1), but subject

to the provisions of paragraphs (3) and (4), an employer may also

conduct voluntary medical examinations, including the compilation

of voluntary medical histories, which form part of a health

programme for employees.

(6) For the purposes of this Section, any medical

examination as is referred to therein shall include any

medical and, or, p s y c h o l o g i c a l a s ses s me n t that may be

necessary in the circumstances of the case.

3. It shall be unlawful for a registered organisation under

the Employment and Industrial Relations Act, or for the committee

of management or a member of the committee of management of

such a registered organisation, to discriminate against

(a)

a person, on the grounds of the disability of

such person or a disability of any of the family members of

such person

(i)

by refusing or failing to accept his

application for membership; or

RIGHTS OF PERSONS WITH DISABILITIES

(ii) in the terms or conditions on which

such organisation is prepared to accept his application

for membership; and, or

(b)

a member of such registered organisation, on

the grounds of the disability of such member or a disability

of any of his family member by

(i)

denying him access to any benefit

provided by the organisation or limiting his access to

such benefit; or

(ii) depriving him of membership of the

organisation or varying the terms of such membership.

4. (1)

It shall be unlawful for an employment agency

to discriminate against a person on the grounds of his disability or a

disability of any of his family members

(a)

by refusing to provide such person with any of

its services; or

(b)

in the terms or conditions it offers to provide

such person with any of its services; or

(c)

in the manner in which it provides such person

with any of its services.

(2) For the purposes of this Section, an employment

agency shall not be deemed to discriminate against a person on the

grounds of his disability, if, taking into account his training,

qualifications and experience relevant to the work sought, and all

other relevant factors that it finds reasonable to take into account,

such person would, because of his disability, be unable to carry out

the inherent requirements of the work sought.

C.

EDUCATION

(1) Save as provided for in paragraphs (2) and (3), and

without prejudice to the generality of this Act, it shall be unlawful for

an educational authority or institution to discriminate against

(a)

an applicant for admission as a student on the

grounds of his disability or a disability of any of his family

members

(i)

by refusing or failing to accept his

application for such admission; or

(ii) in the terms or conditions on which

such educational authority or institution is prepared to

RIGHTS OF PERSONS WITH DISABILITIES

admit him as a student; and, or

(b)

a student on the grounds of his disability or

disability of any of his family members by

(i)

denying him access, or limiting his

access, to any benefit, facility or service provided by

such educational authority or institution; or

(ii) expelling him from the educational

institution he is attending.

(2) Where an educational authority or institution has been

wholly or primarily established for students who have a particular

or a specific disability, such educational authority or institution

may restrict admission to such an institution to persons who only

have that particular or specific disability and refuse admission to

other persons who do not have that particular or specific disability

but another disability.

(3) Where the admission or continued participation of a

person with a disability as a student in an educational institution

would necessitate the procurement of services or facilities that are

not required by students who do not have a disability, the

educational authority or institution concerned may refuse or fail to

accept the admission or continued participation as a student of such

a person in that educational institution if such authority or

institution proves that the admission or continued participation of

such person in such institution would require services or facilities

the provision of which would impose unjustifiable hardship on

the educational institution or authority concerned.

D.

ACCESS TO PROPERTY

(1) Save as provided for in paragraph (2), and without

prejudice to the generality of this Act, it shall be unlawful for any

person to discriminate against another person on the grounds of the

disability of such other person or a disability of any of his family

members

(a)

by refusing to allow such other person access

to, or the use of any property, or of any facilities within such

premises, that the public or a sector of the public is entitled or

allowed to enter or use (whether on payment or not); or

(b)

in the terms or conditions on which such person

is prepared to allow such other person access to, or the use of

any such property or facilities; or

(c)

in relation to the provision of means of access

to such property including any necessary alterations to such

RIGHTS OF PERSONS WITH DISABILITIES

property or facilities so as to make such access possible; or

(d)

by requiring such other person to leave such

property or to cease to use such facilities or to unjustifiably

restrict in any way such use.

(2)

Where

(a)

such property or facilities as aforesaid in this

Section are designed or constructed in such a way as to

render them inaccessible to a person with a disability; and

(b)

the alteration of such property or facilities

would be unreasonable in the circumstances, then such a

person may refuse a person with disability such access to or

use of any property or facilities as are referred in paragraph

(1)(a) or refuse to carry out any alterations to such property or

facilities that would otherwise render such property or

facilities accessible to a person with a disability.

E.

PROVISION

OF

GOODS,

FACILITIES

OR

SERVICES

(1) Save as provided for in paragraph (3), and without

prejudice to the generality of this Act, no qualified person with a

disability shall, on the grounds of disability, be excluded from

participation in or be denied the benefits of the programmes or

activities of any person or body in relation to the goods, facilities

or services to which this Section applies or be discriminated against

by any person or body providing such goods, facilities or services

which the qualified person seeks to obtain or use.

(2) This Section applies to the provision (whether on

payment or not) of goods, facilities and services to the public or

any sector of the public and includes in particular, but without

prejudice to the generality of the foregoing

(a)

access to and use of any place which members

of the public or a sector of the public are permitted to enter;

(b)

the provision of property rights and of housing;

(c)

accommodation in a hotel, boarding house or

similar establishment;

(d)

facilities by way of banking, insurance or for

grants, loans, credit or finance;

(e)

participation in occupational and other pension

schemes;

RIGHTS OF PERSONS WITH DISABILITIES

(f)

facilities for education;

(g)

facilities

for

entertainment,

sports

or

recreation;

(h)

facilities for transport or travel by land, sea or

air;

(i)

the services of any profession or trade, or of any

local or other public authority;

(j)

membership of associations, clubs or other

organisations;

(k)

enjoyment of civic rights and performance of

civic duties; and

(l)

such other facilities and services as the Minister

may prescribe by regulations made under this Act.

(3) The provisions of paragraphs (1) and (2) shall not apply

where compliance with such provisions in relation to a qualified

person with a disability would be impracticable or unsafe and could

not be made practicable and safe by reasonable changes to rules,

p o l i ci e s or p r a c t i c e s , or the remov al of ar c h i t e c t u r a l ,

communication or transport barriers or the provision of auxiliary

aids or services.

F.

HEALTH

(1) A person would be discriminating with another person

due to a disability if that person is refused the giving of a health

service of the same standard, conditions, even financial, of a range

and quality like that given to other persons, including but not limited

to that related to sexual and reproductive health.

This also includes, but is not limited to, the refusal to

administer food and fluids to the person with disability due to that

disability.

(2) A person with disability shall also have a right to the

health services required by persons with disability specifically due

to their disability, including

(a)

the early identification and intervention as

appropriate;

(b)

an assessment which reflects the actual needs

and health conditions of the person with disability; and

(c)

rehabilitation and habilitation services designed

RIGHTS OF PERSONS WITH DISABILITIES

to minimise and prevent further disabilities

so however that the State shall offer all support as the case may

G.

ACCOMMODATION

(1) Save as provided for in paragraphs (2) and (3), and

without prejudice to the generality of this Act, no person shall

discriminate with another person on the grounds of the disability of

such other person or a disability of any of the his family members

(a)

by refusing the application of such other person

for accommodation; or

(b)

in the terms or conditions on which the

accommodation is offered to such other person; or

(c)

by deferring the application of such other

person for accommodation or by according to such other

person a lower order of precedence in any list of applicants

for that accommodation; or

(d)

by denying or limiting the access of such other

person to any benefit associated with accommodation

occupied by such other person; or

(e)

by evicting such other person from any

accommodation that is occupied by such other person; or

(f)

by subjecting such other person to any other

detriment in relation to accommodation occupied by such

other person; or

(g)

by refusing to permit such other person to make

alterations to accommodation occupied by such other person

if

(i)

such other person has undertaken to

restore at his own expense the accommodation to its

condition before alteration on leaving the

accommodation and the action required to restore the

accommodation to its condition before alteration is, in

fact, practicable;

(ii) the alteration does not involve the

alteration of property occupied by other persons.

(2)

The provisions of paragraph (1) shall not apply if

(a)

the person who provides or proposes to provide

the accommodation or a near relative of that person, resides

RIGHTS OF PERSONS WITH DISABILITIES

and intends to continue to reside in that property; and

(b)

the accommodation provided in that property

could cater for no more than four persons.

(3) The provisions of paragraph (1) shall also not apply if

the provision of accommodation in properties where particular

services or facilities that would be required by the person with a

disability would be unreasonable in the circumstances.

H.

EXEMPTIONS

1. Nothing under this Act shall in any way be construed as

prohibiting any form of action that may be taken in the

circumstances of the case by any person, authority or institution to

ensure that persons who have a disability are in one way or

another

(a)

granted equal opportunities with other persons

who do not have a disability; or

(b)

accorded special treatment commensurate with

their specific needs in the provision of goods, facilities,

services or opportunities in order to meet such specific needs;

or

(c)

allowed grants, benefits or programmes,

whether direct or indirect, to meet their specific needs, with a

view to the integration of such persons with other persons who

do not have a disability in matters related to employment,

education, accommodation, the provision and use of goods,

services and facilities, the administration of laws and their

capacity to lead an independent life within the community as a

whole.

2. The provisions of this Act shall not affect any provision

in a charitable instrument that confers charitable benefits, or

enables charitable benefits to be conferred, wholly or in part on

persons who have a disability or a particular disability.

RIGHTS OF PERSONS WITH DISABILITIES

(1)

There shall be a Directorate for Disability Issues,

that shall be referred to as "DDI", which shall report to the Permanent

Secretary within the Ministry responsible for disability and the

development of this sector.

(2) DDI shall be the national focal point for matters related

to the implementation of the Convention, within the meaning of

Article 33(1) of the Convention.

(3) DDI shall also establish within its structures a national

coordination mechanism within Government, which shall be referred

to as the "UNCRPD National Coordination Mechanism", to facilitate

necessary action in connection with the Act, in different sectors and

at different levels, within the meaning of Article 33(1) of the

Convention.

(4) DDI shall furthermore carry out functions and duties of

the public administration in the following manner

(a)

identify, establish and update all national

policies and strategies, including the National Policy on the

Rights of Persons with Disability and the National Disability

Strategy, directly or indirectly related to disability issues;

(b)

undertake efforts in the field of disability-related

research, together with local and foreign stakeholders;

RIGHTS OF PERSONS WITH DISABILITIES

(c)

compile and collate necessary feedback and

statistics required for reporting to national and international

entities, concerning Malta’s legal obligations in the field of

disability, and coordinate or contribute towards any reviews

conducted by the said national and international entities;

(d)

encourage self-advocacy by persons with

disability, including through training and empowerment

schemes, alongside general disability advocacy, and assist with

the advancement and development of initiatives towards this

end, while supporting existing initiatives;

(e)

develop other projects geared towards the

empowerment of persons with disability, while supporting and

collaborating with similar projects developed and operated by

other entities;

(f)

collaborate with all relevant stakeholders in the

field of awareness-raising, with the goal of acceptance,

inclusion and empowerment of persons with disability;

(g)

represent Malta’s interests at the technical level,

at local and international, permanent and ad hoc fora covering

the field of disability, and otherwise keep direct and

continuous contact with local and foreign bodies working in

the field of disability issues;

(h)

carry out any other functions as may be

ancillary, incidental or consequential to the matters stipulated

in paragraphs (a) to (g), or otherwise necessary or conducive to

the functioning of the Maltese disability sector, or any other

functions as the Minister may determine, from time to time.

[ARTICLE 2(2)(iii)]

General Comments issued by the United Nations Committee on the

Rights of Persons with Disabilities

A.

GENERAL COMMENT No. 1

Article 12: Equal recognition before the law

Document number CRPD/C/GC/1 in the Official

Document System of the United Nations (ODS), as amended from

time to time, shall apply mutatis mutandis.

B.

GENERAL COMMENT No. 2

Article 9: Accessibility

Document number CRPD/C/GC/2 in the Official Document

System of the United Nations (ODS), as amended from time to time,

shall apply mutatis mutandis.

C.

GENERAL COMMENT No. 3

Article 6: Women and girls with disabilities

Document number CRPD/C/GC/3 in the Official

Document System of the United Nations (ODS), as amended from

time to time, shall apply mutatis mutandis.

D.

GENERAL COMMENT No. 4

Article 24: Right to inclusive education

Document number CRPD/C/GC/4 in the Official

Document System of the United Nations (ODS), as amended from

time to time, shall apply mutatis mutandis.

E.

GENERAL COMMENT No. 5

Article 19: Right to independent living

Document number CRPD/C/GC/5 in the Official

Document System of the United Nations (ODS), as amended from

time to time, shall apply mutatis mutandis.

F.

GENERAL COMMENT No. 6

Article 5: Equality and non-discrimination

Document number CRPD/C/GC/6 in the Official

Document System of the United Nations (ODS), as amended from

time to time, shall apply mutatis mutandis.

RIGHTS OF PERSONS WITH DISABILITIES

G.

GENERAL COMMENT No. 7

Articles 4(3) and 33(3): Participation of persons with

disabilities in the implementation and monitoring of the Convention

Document number CRPD/C/GC/7 in the Official

Document System of the United Nations (ODS), as amended from

time to time, shall apply mutatis mutandis.

The Minister shall, by means of regulations, provide for

the setting up and continued operation of ENGAGE, which shall be

the participation mechanism within DDI, in furtherance of the

obligations set forth in Article 4(3) of the Convention, and for all

other matters as are necessary and conducive from time to time for

the smooth functioning of ENGAGE.

In the First, Second, Third, and Fifth Schedules, if there

is any conflict between the English and Maltese versions, the English

version shall prevail.

The Minister may make regulations to give effect to the

provisions of this Act, and the enforcement thereof.

RIGHTS OF PERSONS WITH DISABILITIES