People with disabilities have enough value to assume leadership positions and fulfil public functions, Oliver Scicluna, Commissioner for the Rights of Persons with Disability, insists.

Society has come a long way from the days when disability was viewed as taboo, he points out. Disabled people are not satisfied by basic rights: they want to succeed in education, get a job and have a fulfilling career, live independently, build a family, enjoy life and be autonomous, the Commissioner explains.

He attributes this state of affairs partly to the laws and policies adopted by different governments, such as the Equal Opportunities Act and the National Policy for the Rights of Persons with Disability.

“But it is also the disabled people’s increased expectations that have provided impetus for change. Our role is to ensure that more and more disabled people are granted equal opportunities to live the life they would like to lead,” the Commissioner notes.

Her briefly traces the history of the Commission, recalling that the Commission for Handicapped Persons had been set up in 1987, its name being changed to National Commission for Persons with Disability in 1993.

The Equal Opportunities Act was enacted seven years later and, in 2012, Malta ratified the United Nations Convention for the Rights of Persons with Disability. The law amended in 2016, providing for the Commission for the Rights of Persons with Disability. The changes also provided for a bill of rights, health and well-being provisions and the creation of the Commissioner’s role.

The Commission is the national regulatory body for disability in Malta and Gozo. Its main role, Mr Scicluna says, is to safeguard the rights of disabled people, which includes raising awareness on issues surrounding disability.

“Our mission is to be the voice of disabled people on all levels of society: accessibility, education, employment and all other aspects of life,” he insists.

The Equal Opportunities (Persons with Disability) Act, the Commissioner continues, provides a legislative framework empowering persons with disability who feel discriminated against on the basis of their disability to file a complaint. The Commission then acts on their behalf to investigate their claims and ensure that their rights are safeguarded.

The law gave the Commission’s role a new and sharper focus, he points out, explaining it has started the lengthy process of shedding some of the functions that do not fall within its regulatory role or which come into conflict with it, such as the provision of services.

The bill of rights was an important addition to the law as it highlighted 14 different rights that were not covered in other clauses, Mr Scicluna notes.

Just as important was the addition of a clause specifically dealing with the health of a person with disability and another declaring that, in case of an inconsistency with another law, the Equal Opportunities Act would prevail with regard to rights of person with disability.

The setting up of a Commissioner’s office placed the disability sector on the same level as other commissions, he stresses.

“The Commission is still perceived as a general catchment agency and a reference point for all issues relating to disability. This is partly due to its long history and the fact that its transition to its regulatory function is relatively recent.

“Another reason might be that the Commission is still in the process of shedding some of its services, creating further blurring when it comes to public perception,” Mr Scicluna asserts.

He explains that a task force embracing academics, lawyers and disabled people has been set up to work on the Commission’s strategy, giving direction and structure to its work and making it easier to then raise awareness about it. The strategy is expected to be completed early next year.

Although there will always be room for improvement in terms of measures to protect the rights of people with disability, the Commissioner acknowledges that the main challenge is the lack of enforcement and the bureaucracy surrounding the filing of court cases.

The Commission, he says, is pushing so that disabled people and the Commission itself will be able to file cases at the same cost as constitutional cases, to avoid the present prohibitive costs. “This would enable us to up our game when it comes to filing court cases for the safeguarding of the rights of persons with disability,” he argues.

In 2017-2018, the Commission received 205 complaints from persons with a disability or family members. These involved issues ranging from education to employment, from housing to accessibility, from goods and services to insurance and from rights to health.

Mr Scicluna explains that the Commission works to tackle discrimination on two fronts: by investigating the complaints and by providing guidance and advice to those who request it.

In the period under review, the Commission also worked on 44 requests for consultancy or advice made by members of the public.

He points out that the figures indicate that reports received by the Commission in relation to violation of the law are increasing.

“Although this might be taken to indicate increasing discrimination, a more in-depth look at the situation suggests that awareness about the rights of persons with disability is also on the rise, which is leading to more people filing complaints with the Commission,” the Commissioner observes.

Almost half of the complaints received are about accessibility. Persons with disability in this country feel discriminated against, especially in relation to accessibility, education, the provision of goods, facilities and services and employment, he continues.

Most of the new complaints filed in 2017-2018 were against public entities, more than twice those involving local councils and the private sector. Another six new complaints were filed against ecclesiastical entities.

Mr Scicluna adds that the highest number of pending cases are about accessibility issues, probably partly due to the fact that dealing with physical accessibility often ensues work that takes time and, in education, situations can be complicated by unions.

Last year, the Commission received 182 complaints about accessibility to facilities operated by the private sector, the government or local councils. “Universal design is still not second nature to planners, thus accessibility for all is still viewed as a hurdle rather than a key factor in planning buidlings. Our old buildings add further difficulties in this regard,” he remarks.

Surveys conducted by the Commission showed that the entrance to 88 per cent of commercial establishments at the Gżira-Sliema Strand, Tower Road and Bisazza Street as well as 92 per cent of commercial establishments at City Gate, Republic Street, Merchants' Street and St John's Square, in Valletta do not conform to the Access for All Design Guidelines, meaning they are not accessible to all.

Another problem the Commission encounters is lack of consultation, Mr Scicluna says, noting there were also instances when talks started only after services were launched to the public.

Looking ahead, he points out that one of the Commission’s priorities is to become as independent as possible, to function as a fully-fledged regulator, according to law and in line with the Paris Principles.

The Commission would also like to see the provisions of the UN Convention on the Rights of Persons with Disabilities being part of Malta’s laws, paving the way for a more modern and streamlined approach to disability rights in general.