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Maltese Laws |
An Act to amend various laws related to Disability
BE IT ENACTED by the President, by and with the advice and consent of the House of Representatives, in this present Parliament assembled, and by the authority of the same, as follows:-
(Disability Matters) (Amendment) Act, 2011.
Short title.
C 643
Amendment of the Code of Organization and Civil Procedure.
Cap. 12.
Amendment of article
187 of the Code.
Amendment of article
491 of the Code.
C 644 VERŻJONI ELETTRONIKA
shall be substituted the words “hija minuri, jew miġnuna, jew interdetta”.
Amendment of article
519 of the Code.
Amendment of article
520 of the Code.
Amendment of article
521 of the Code.
Amendment of article
523 of the Code.
Amendment of article
606 of the Code.
Amendment of article
747 of the Code.
Code, there shall be added the following new sub-article:
“(4) (a) During the term of his appointment, the curator shall submit a yearly report to the court describing the state
of circumstances relating to his curatorship and the state of the person interdicted or incapacitated.
(b) The court, after taking cognizance of the report, may hear the curator and any other person it may deem fit to ensure
the wellbeing of the person interdicted or incapacitated and the fulfilment of the rights and duties of the curator.”.
Code shall be amended as follows:
(a) in the English text, for the words “incapacitation of lunatics, imbeciles or persons insane or prodigal” there shall be
substituted the words “incapacitation of persons with a mental disability or persons insane or prodigal”; and
(b) in the Maltese text for the words “inabilitazzjoni ta’ persuni furjużi, imbeċilli, moħħhom marid, jew berbieqa” there shall be substituted the words “inabilitazzjoni ta’ persuni b’diżabilità mentali, mġienen jew berbieqa”.
(a) in the English text, for the words “a lunatic or an insane person, and any other person” there shall be substituted the
words “an insane person, a person with a mental disability and any other person”; and
(b) in the Maltese text thereof for the words “il-persuni furjużi jew moħħhom marid u kull persuna oħra” there shall be
substituted the words “il-persuni b’diżabilità mentali jew mġienen u kull persuna oħra”.
(a) in sub-article (1) thereof, for the words “who is in a state of imbecility or other mental infirmity or is prodigal” there
shall be substituted the words “who is a person with a mental disability or a person with a physical disability which renders him
incapable of managing his own affairs, or who is prodigal”; and
(b) in sub-article (3) thereof, for the words “person who is imbecile, mentally infirm, or prodigal” there shall be substituted
the words “person who has a mental disability or is prodigal.”
C 645
Amendment of article
781 of the Code.
Amendment of article
929 of the Code.
Amendment of the
Civil Code. Cap. 16.
Amendment of article
189 of the Code.
Deletion of article 190 of the Code.
C 646 VERŻJONI ELETTRONIKA
Amendment of article
597 of the Code.
Substitution of article
752 of the Code.
(a) in the Maltese text of paragraph (c) thereof, for the words “l-interdetti minħabba mard tal-moħħ” there shall be substituted
the words “l-interdetti minħabba ġenn”; and
(b) in paragraph (d) thereof, for the words “are not of sound mind at the time of the will” there shall be substituted “are
persons with a mental disability at the time of the will”.
“Substitution in the case of minors, persons with a mental disability or
752. (1) It shall be lawful for the father, the mother, the other ascendants, the uncle or aunt, brother or sister, to substitute a third party in the place of a minor in the event of the latter dying without issue,
insane persons. before attaining the age of eighteen years, but only with
regard to the property in which such minor shall have been instituted heir or appointed legatee.
(2) It shall also be lawful for any of the said persons to substitute a third party in the place of any person with a mental
disability or insane person, in regard to such property only as they shall have devised to him, in the event of his dying
with the mental disability or in a state of insanity, without issue.
(3) Any substitution referred to in this article, if made by the father, the mother or any other ascendant by whom a share
of the reserved portion is due to the heir-institute or legatee, may only include such portion of the property as the minor, on attaining
majority, the insane person or person with a mental disability, if of sound mind at the time of his death, could dispose of.”.
Substitution of article
1034 of the Code.
“Liability of person having charge of minor or person with
a mental
disability.
1034. Any person having the charge of a minor or of a person with a mental disability shall be liable for any damage caused by such minor or person with a mental disability, if he fails to exercise the care of a bonus paterfamilias in order to prevent the act.”.
(a) for the definition “accommodation”, there shall be substituted the following:
“ “accommodation” includes residential or business accommodation;”;
(b) immediately after the definition “accomodation”
there shall be added the following new definition:
“ “alteration” means necessary and appropriate modifications and adjustments;”;
(c) the definition “auxiliary aid” shall be deleted;
(d) immediately after the definition new definition
“alteration” there shall be added the following new definition:
“ “assistive apparatus means any palliative or therapeutic device, any prosthetic apparatus, or any other device or apparatus,
including trained animals, that
C 647
Amendment of article
1035 of the Code.
Amendment of article
1036 of the Code.
Amendment of article
1241 of the Code.
Amendment of the Equal Opportunities (Persons with Disability) Act.
Cap. 413.
Amendment of article
2 of the principal Act.
C 648 VERŻJONI ELETTRONIKA
may be required by a person with a disability specifically because of that disability;”;
(e) for the definition “disability”, there shall be substituted the following new definition:
“ “disability” means a long-term physical, mental, intellectual or sensory impairment which in interaction with various barriers
may hinder one’s full and effective participation in society on an equal basis with others;”;
(f) immediately after the definition “family member”
there shall be added the following new definition:
“ “harassment” means subjecting a person to any unwelcome act, request, conduct, including spoken words, gestures or the production,
display or circulation of written words, pictures or other material which could reasonably be regarded as offensive, humiliating,
hostile, degrading or intimidating to such person;”;
(g) immediately after the definition “pensionable age”
there shall be added the following new definition:
“ “property” includes all existing and new buildings and outdoor areas such as streets, pavements, public paths, beaches and
gardens;”;
(h) the definition “qualified person with a disability”
shall be amended as follows:
(i) in paragraph (a) thereof, for the words “with or without any accommodation” there shall be substituted the
words “with or without any reasonable accommodation”; and
(ii) in paragraph (b) thereof, for the words “provision of such goods, facilities or services” there shall be substituted the
words “provision and use of such good, facilities or services”;
(i) immediately after the definition “qualified person with a disability “ there shall be added the following new definition:
“ “reasonable accommodation” means alterations not imposing a disproportionate or unjustifiable burden, where needed in a particular
case, to ensure to persons with disability the enjoyment or exercise on an equal basis with others of all human rights and fundamental
freedoms; ”; and
(j) immediately after the new definition “reasonable accommodation” there shall be added the following new definition:
“ “voluntary organisation” shall have the same meaning assigned to it by article 2 of the Voluntary Organisations Act.”.
Cap. 492.
C 649
(a) the whole article 5 shall be re-numbered as sub- article (1) thereof;
(b) in sub-article (1) thereof as renumbered, for the words “is accompanied by or possesses an auxiliary aid” there
shall be substituted the words “is accompanied by or possesses any assistive apparatus” and for the words “is in possession
of such auxiliary aid” there shall be added the words “is in possession of such assistive apparatus”; and
(c) immediately after sub-article (1) thereof as re- numbered, there shall be added the following new sub- articles:
“(2) A person shall be discriminating against another person on the grounds of disability if he subjects such other person to harassment
in any circumstances relevant for the purposes of any provision of this Act:
Provided that any person who harasses another person as provided in this sub-article shall be guilty of an offence against
this article and shall, without prejudice to any greater liability under any other law, be liable on conviction to a fine (multa) of not more than two thousand and five hundred euro (2,500) or to imprisonment for not more than six months or to both such fine
and imprisonment.
Amendment of article
5 of the principal Act.
C 650 VERŻJONI ELETTRONIKA
(3) It shall not be lawful to victimise 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 having
disclosed any information, confidential or otherwise, to a lawful authority regarding alleged discriminatory behaviour, activities
or practices.
(4) A person shall be discriminating against another person on the grounds of disability if he subjects such other person
to a particular disadvantage through an apparently neutral provision, criterion or practice.
(5) A person shall be discriminating against another person on the grounds of disability if he 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.”.
Amendment of article 7 of the principal Act.
(a) sub-article (2) thereof shall be amended as follows: (i) in paragraph (d) thereof, in the Maltese
text thereof, for the words “jonqos milli jipprovdi bdil
raġonevoli” there shall be substituted the words “jonqos milli jipprovdi akkommodazzjoni raġonevoli” and for the words
“unless the employer can prove that the required accommodation would unduly prejudice the operation” there shall be substituted
the words “ unless the employer can prove that the required alterations would unduly prejudice the operation”; and
(ii) in paragraph (e) thereof, for the words “the need of the employer to make reasonable accommodation for the disability
of such a person” there shall be substituted the words “the need of the employer to make alterations for the disability of such
a person”;
(b) the English text of sub-article (4) thereof shall be amended as follows:
(i) for the words “determining whether an accommodation would unduly prejudice the operation of the trade” there shall be substituted
the words “determining whether any alterations would unduly prejudice the operation of the trade;
(ii) in paragraph (a) thereof, for the words “cost of the accommodation” there shall be substituted the words “cost of the
alterations”;
(iii) in paragraph (b) thereof, for the words “making of the accommodation” there shall be substituted the words “making of
the alterations”;
(iv) in paragraph (c) thereof, for the words “the workplace requiring accommodation” there shall be substituted the
words “the workplace requiring alterations”;
(v) in paragraph (d) thereof, for the words “impact of the required accommodation” there shall be substituted
the words “impact of the the required alterations”; and
(vi) in paragraph (h) thereof, for the words “to defray the expense of any accommodation” there shall be substituted the words
“to defray the expense of any alterations”; and
(c) sub-article (5) thereof, shall be amended as follows:
(i) for the words “For the purposes of this article, the term “make reasonable accommodation” includes -
” there shall be substituted the words “For the purposes of this article, and without prejudice to the generality of article 2
of this Act, the term “make reasonable accommodation” includes - ”; and
(ii) in the English text of paragraph (b) thereof, for the words “similar accommodation for a person with a disability” there
shall be substituted the words “similar alterations for a person with a disability”.
C 651
C 652 VERŻJONI ELETTRONIKA
Amendment of article
8 of the principal Act.
Amendment of article
11 of the principal
Act.
Amendment of article
12 of the principal
Act.
(a) sub-article (1) thereof shall be amended as follows: (i) for the words “in sub-articles (2) and (3), it
shall be unlawful” there shall be substituted the words
“in sub-articles (2) and (3), and without prejudice to the generality of Part II of this Act, it shall be unlawful”; and
(ii) in sub-paragraph (i) of paragraph (b) thereof, for the words “benefit provided by such educational authority” there
shall be substituted the words “benefit, facility or service provided by such educational authority”; and
(b) in sub-article (3) thereof for the word “admission” there shall be substituted the words “admission or continued participation”
wherever this occurs.
(a) for the marginal note thereof, there shall be substituted the words “Access to property.”;
(b) sub-article (1) thereof shall be amended as follows: (i) for the words “in sub-article (2), it shall be
unlawful” there shall be substituted the words “in sub-
article (2), and without prejudice to the generality of Part
II of this Act, it shall be unlawful”;
(ii) in paragraph (a) thereof, for the words “use of any premises” there shall be substituted the words “use of any property”,
and in the English text for the words “a article of the public,” there shall be substituted the words “a sector of the public”;
(iii) in paragraph (b) thereof, for the words “such premises or facilities” there shall be substituted the words “such
property or facilities”;
(iv) in paragraph (c) thereof, for the words “means of accesss to such premises” there shall be substituted
the words “means of access to such property”, and for the words “any necessary alterations to such premises” there shall
be substituted the words “any alterations to such property”; and
(v) in paragraph (d) thereof, for the words “to leave such premises” there shall be substituted the words “to leave such
property”; and
(c) for sub-article (2) thereof there shall be substituted the following:
“(2) Where –
(a) such property or facilities as aforesaid in this article 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
(a) of sub-article (1) 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.”
(a) in sub-article (1) thereof, for the words “in sub- article (3), no qualified person with a disability shall” there shall
be substituted the words “in sub-article (3), and without prejudice to the generality of Part II of this Act, no qualified person
with a disability shall”;
C 653
Amendment of article
13 of the principal
Act.
C 654 VERŻJONI ELETTRONIKA
(b) the English text of sub-article (2) shall be amended as follows:
(i) for the words “any article of the public” there shall be substituted the words “any sector of the public”; and
(ii) in the English text of paragraph (a) thereof, for the words “a section of the public,” there shall be substituted the
words “a sector of the public”; and
(c) in sub-article (3) thereof, for the words “reasonable modification to rules” there shall be substituted the words “reasonable
changes to rules”.
Amendment of article
14 of the principal
Act.
(a) sub-article (1) therof shall be amended as follows: (i) for the words “in sub-articles (2) and (3)
article no person, whether as principal or agent, shall
discriminate” there shall be substituted the words “in sub-articles (2) and (3), and without prejudice to the
generality of Part II of this Act, no person shall discriminate”; and
(ii) in paragraph (g) thereof, for the words “to make reasonable alterations to accommodation” there shall be substituted the
words “to make alterations to accomodation”, and in sub-paragraph (ii) thereof, for the words “the alteration of premises
occupied” there shall be substituted the words “the alteration of property occupied”;
(b) sub-article (2) thereof shall be amended as follows: (i) in paragraph (a) thereof, for the words “reside
on those premises” there shall be substituted the words
“reside in that property”; and
(ii) in paragraph (b) thereof, for the words “provided in those premises” there shall be substituted the words “provided in
that property”; and
(c) for sub-article (3) thereof, there shall be substituted the following:
“(3) The provisions of sub-article (1) shall also not apply if the provision of accommodation in properties where special
the services or facilities that would be required by the person with a disability would be unreasonable in the circumstances.”.
(a) in the English text, for the word “be constructed as prohibiting” there shall be substituted the words “be construed
as prohibiting”; and
(b) for the words “the provision of goods” there shall be substituted the words “the provision and use of goods”.
“(1) For the purposes of this Act, in determining the reasonableness of any action to be undertaken by any person in the fulfilment of the provisions of this Act, including any alteration, change, and, or procurement of services, facilities or assistive apparata, regard shall be had as to whether such actions could be undertaken without unjustifiable hardship.”;
(a) sub-article (1) thereof shall be amended as follows: (i) for the words “Housing and Economic
Planning.” there shall be substituted the words “Housing
and Economic Planning, as well as any other Ministries that he may deem relevant.”; and
(ii) for the words “Another seven of the members shall be appointed from among such persons who, in the opinion of the Prime
Minister, best represent voluntary organisations working in the field of disability issues.” there shall be substituted the words
“Another seven of the members shall be appointed from among voluntary
C 655
Amendment of article
15 of the principal
Act.
Amendment of article
20 of the principal
Act.
Amendment of article
21 of the principal
Act.
C 656 VERŻJONI ELETTRONIKA
organisations working in the field of disability issues, and shall be individuals who, in the opinion of the Prime Minister, best
represent persons with disabilities and their families.”;
(b) for sub-article (2) thereof, there shall be substituted the following:
“(2) At least one half of the total number of the members of the Commission shall themselves be persons with a disability or family
members of persons with a disability who cannot represent themselves:
Provided that, where possible, there shall be a balanced representation of women and men and of persons with different types of disability.”;
and
(c) in sub-article (3) thereof, for the words “family member of a person with a mental disability” there shall be substituted
the words “family member of a person with a disability who cannot represent himself”.
Amendment of article
22 of the principal
Act.
“(p) have the power to take any appropriate action, including proportionate administrative measures and judicial action, to eliminate
discrimination on the basis of disability as defined in this Act; and for the purpose of pursuing any judicial action as aforesaid
the Commission shall in all cases be deemed to have the necessary judicial interest to pursue such action in its own name;
(q) raise awareness and foster respect for the rights and dignity of persons with disabilities, to combat stereotypes, prejudices
and harmful practices relating to persons with disabilities, including those based on gender and age, in all areas of life;
(r) raise awareness about the capabilities and contributions of persons with disabilities; and
(s) provide the independent mechanism to promote, protect and monitor the implementation of the United Nations Convention on the
Rights of Persons with Disability and any of its Optional Protocols as ratified by Malta.”.
C 657
Addition of new article 33A to the principal Act.
“Proceedings instituted by third parties.
33A. Any association, organisation or any legal entity which has a legitimate interest in ensuring that the provisions of this Act are complied with, may institute, on behalf or in support of the person against whom an unlawful act of discrimination has been committed under this Act, with his or her approval, proceedings for redress before the Civil Court, First Hall.”.
(a) in the Maltese text thereof, for the words
Amendment of article
34 of the principal
Act.
“diskriminazzjoni kontrih | jew kontrieha” | there shall |
be substituted the words | “diskriminazzjoni | kontrih jew |
kontriha”; |
(b) for the words “in like manner as any other claim for damages” there shall be substituted the words “and may include a
claim for damages”; and
(c) for the words “up to a maximum of four hundred and sixty-five euro and eighty-seven cents (465.87) as the court may declare”
there shall be substituted the words “two thousand and five hundred euro (2,500), as the court may declare”.
Addition of new article 34A to the principal Act.
“Defendant to prove that there has been no breach of Act.
34A. Where, in any judicial proceedings, other than criminal proceedings, taken in terms of this Act for redress following an unlawful act of discrimination, the person commencing the proceedings establishes before the Court facts from which it may be presumed that there has been discrimination, it shall be for the defendant to prove that there has been no breach of the provisions of this Act.”.
(a) sub-article (2) thereof shall be renumbered as sub- article (3) thereof;
Amendment of article
35 of the principal
Act.
C 658 VERŻJONI ELETTRONIKA
(b) immediately after sub-article (1) thereof, there shall be inserted the following new sub-article:
“(2) The Minister may also make regulations as he may deem appropriate for the implementation of the provisions of any international
treaty relating to persons with disability, to which Malta is a party.”; and
(c) in paragraph (a) of sub-article (3) as renumbered for the words “the provision of different goods” there shall be substituted
the words “the provision and use of different goods”.
Addition of new article 36 to the principal Act.
“Power of
Minister to
36. The Minister may designate by means of
designate focal notice in the Gazette the Competent Authority to act as
point.
the focal point for matters related to the implementation of the United Nations Convention on the Rights of Persons with Disability and any of its Optional Protocols as may be ratified by Malta.”.
The objects of this Bill are to make provision for the enactment of an amendment Act in order to enable the United Nations Convention on the Rights of Persons with Disability and with the wider scope of further improving upon the strong legislative framework applicable to persons with a disability with a view to enhancing its relevance to the realities currently faced by persons with a disability.
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