World News from Malta

"A society where everyone, regardless of background or disability, feels welcome, included and supported"

Parliament discusses amendments to various disability laws

(By Elaine Attard, 26.10.11) The House of Representatives convened on Monday to start discussing various amendments to disability laws. Employment, Education and Family Minister Dolores Cristina opened the discussion. Some of the amendments proposed in the bill go beyond the requirements set in the United Nations Convention on the Rights of Persons with Disabilities, Mrs Cristina remarked.

The convention, and its optional protocol, was adopted on 13 December, 2006 at the United Nations Headquarters in New York, and was opened for signature on 30 March, 2007. Malta has not yet ratified the convention. According to the UN, the convention follows decades of work by the United Nations to change attitudes and approaches to people with disabilities.

It takes to a new height the movement from viewing people with disabilities as 'objects' of charity, medical treatment and social protection towards viewing people with disabilities as 'subjects' with rights, who are capable of claiming those rights and making decisions for their lives based on their free and informed consent as well as being active members of society.

Along these lines, Mrs Cristina said the changes being discussed are not simply vocabulary or cosmetic changes but also entail a change in mentality towards people with disabilities.

She recalled the slogan 'Nothing about us without us' which relies on the participation of people with disability. After outlining the history of the convention, she added that the consultation process held before the amendment proposals were drawn up was a learning process for all stakeholders involved. The changes proposed in this bill should make way for persons with disability to take part more often in various fora, Mrs Cristina remarked.

In the disability field, we registered big improvements but there is still a lot to change, especially when it comes to people's mindsets, she added, saying that people's mentality about disabled people has changed, but not enough. "Hopefully this debate will explore disabled people's needs, what needs to be done and set goals to improve their quality of life," she continued.

She thanked the National Commission for Persons with Disability and many NGOs who work in the sector. These stakeholders spearheaded many changes that led us to the rights people with disability enjoy today, she said. Their aim is common with our aim of improving people with disability and their families' quality of life, Mrs Cristina asserted. Labour MP and spokesperson for family, children and people with disability Justyne Caruana disagreed with the idea that the bill is in line with the requirements set by the convention.

"The subject of disability merits a lot of attention, however, people with disability want their rights set out by the convention to be acknowledged," she said, asking why the convention has not been ratified by Malta yet.

She disagreed with Mrs Cristina, when she said that the government will go beyond what the convention expects. Referring to a proposed Guardianship Act, she welcomed the Minister's anticipation that it will soon materialise. When Dr Caruana consulted with disability NGOs to find out what they think about the bill, she was disappointed to find out the NGOs have not been involved in the consultation process. They informed her that they were unaware of the changes and she realised that their opinion was not heard.

This starkly contradicts the idea portrayed with the slogan 'Nothing about us without us', Dr Caruana said. Regarding the Guardianship Act, she remarked that the courts should listen to all those who are involved in the care of people with disability especially the people with disability themselves.

"KNPD is doing a great job but it is useless if it does not collaborate with NGOs in the field, particularly with the federation of NGOs. There is massive potential if they can work together," she highlighted. She underscored that the public sector, as a model employer, engages less than the 2% disabled people stipulated by law. This is unacceptable, she said.

Nationalist MP Jean Pierre Farrugia spoke on the need of a definition that better encapsulates disability. "The definition found in the bill should be more specific. At the moment around 11,500 people are registered as disabled. More than half are older than 61 years of age but only 266 live in institutions, hence, the 11,500 figure is probably inflated," he said.

Long-term unemployment and persons with disability

(12.10.10)The Ministry of Education, Employment and the Family as national implementing body for the 2010 European Year for Combating Poverty and Social Exclusion, in collaboration with the Ministry for Gozo, held the fourth Press Breakfast in the Prof Guze’ Aquilina Sannat primary school hall in Gozo.

The press briefing called for awareness on long-term unemployment and persons with disability. The economic crisis of 2008 has affected businesses, families and individuals across the European Union. This is why the European Union is tackling unem-ployment as a top priority. The rights of persons with disability, both at national level and EU level, are another aspect that the EU is undertaking to improve the life of persons with disabilities.

The speakers included Giovanna Debono, Minister for Gozo, Raphael Scerri, EY2010 Ambassador and project leader for the employment aid programme at ETC; Joseph Camilleri, EY2010 ambassador and chairperson of the National Commission for Persons with Disability (KNPD) and Marcel Bonnici, manager of the Gozo ETC Branch. Mary Rose Attard, Gozo disability coordinator, introduced and chaired the press briefing.

Mrs Debono said that employment is an ever present socio-economic challenge created by the double insularity of Gozo. The ministry gives due priority towards increasing employability skills of the workforce and particular attention has been given in recent years towards addressing the needs of those who are more disadvantaged, such as those who are less skilled, those who are in unfavoured age-brackets as well as persons with disability.

In his presentation entitled ‘Long-term unemployed in Malta and Gozo – Facts, Figures and Services’, Mr Scerri said that persons experiencing long-term unemployment are at risk of poverty. “Long-term unemployment is devastating for the individual and his whole family suffers. Everybody should feel in solidarity with these individuals and help them to get back into the workforce. Unfortunately, a lot of people think that individuals do not find a job for capricious reasons, or that they are working illegally. But this is not true. Individuals sometimes find it difficult to find a job due to age, lack of qualifications or skills or due to certain circumstances in life such as health rea-sons.”

In his presentation, Mr Camilleri stressed that persons with disabilities are particularly badly affected by unemployment. Employment plays a critical role to ensure that persons with disabilities are not constrained by poverty.

Mr Bonnici, head of ETC in Gozo, gave concrete examples of how the long-term unemployed in Gozo are being helped and dealt with. Some success stories were identified and the individuals present shared their experiences.

Source: http://www.independent.com.mt

Compensation for disability to be capped at €600,000

(By Matthew Xuereb 24.05.10) Compensation for any form of disability suffered in an accident is being capped at €600,000, under fresh proposals to streamline damages awarded by civil courts. The proposals will be put up for a two-month consultation soon.

For the first time, the proposals put in black on white, in a legal framework, a set of guidelines for compensation awarded for specific disabilities, such as loss of limbs and organs or even the triggering of conditions such as epilepsy.

In the long and very detailed schedule, loss of sight from one eye, for instance, is valued as 25 per cent disability and if the person is blinded that goes up to 85 per cent.

Similarly, the loss of an arm below the elbow is considered to be equal to a 45 - 50 per cent disability. But if the entire arm is lost, shoulder included, that would rise to 65 per cent.

There are also some curiosities that might attract comments in the consultation process, such as the way the guidelines related to the reproductive organs.

The loss of one ovary will constitute a six per cent disability, going up to 12 per cent if both are lost. The loss of a single testicle is also considered to be equal to a six per cent disability but if both are lost, this rises to 15 per cent. In both cases, if the loss leads to infertility of a previously healthy person, the compensation will be equivalent to a 25 per cent disability.

The amount due by way of damages is calculated on the basis of a formula that takes into account the percentage of disability that will be determined according to the new regulations, the income of the person in question, his age and other factors.

The principle is similar to that applied by the courts so far but, to date, the judiciary has had to rely on case law rather than clear guidelines and this made for inconsistent decisions.

Lawyer George Hyzler, who was appointed by the Justice Ministry to oversee a two-month consultation process on this "long overdue" draft law, said the amendments would fill a vacuum that would address the uncertainty and, at times, inconsistencies resulting from the system in place.

The changes do not mean the courts will have no discretion, Dr Hyzler is keen to point out: "What is being proposed is not an automated system".

"A judge could vary the applicable percentage of disability to reflect its relevance to the individual's job. For example, the case of a right-handed lawyer losing his left hand is not the same as that of a builder losing one of his hands. The changes should introduce an element of certainty and uniformity in the liquidation of damages."

Lawyers and insurance companies did not know where their clients stood and, therefore, whether a claim was worth pursuing in court or outside.

"Victims would have a better understanding of what they would be entitled to. This means that lawyers would be in a better position to give reliable advice and insurance companies would be able to make a more accurate provision for the amount payable. This should translate in less painful court cases and quicker out-of-court settlements."

A young professional earning €40,000 a year who has suffered a paralysis equivalent to 90 per cent disability would not be able to benefit from the full compensation of €1.2 million, provided for under the proposed guidelines because of the €600,000 capping. The amount is calculated with a formula

The proposals also introduce what is referred to as non-pecuniary damages, that is compensation that is not quantifiable, known in other jurisdictions as damages for pain and suffering or moral damages such as the loss of a father, a mother or a sibling. These damages are being capped at €200,000.

Non-pecuniary damages are being tied to the element of financial dependence, through which compensation can be extended to people who could prove they are financially dependent on someone who has been killed in an accident. This would include not only spouses but also persons who can prove they were being supported or had a right to be supported by the deceased.

The proposals are set to codify the case-law that has developed on the lines introduced in the landmark 1967 case in the names Michael Butler vs Peter Christopher Heard. That judgement had introduced a formula to arrive at compensation that represented a major departure from the system then in force, where damages were limited to a maximum of €2,800.

Source: http://www.timesofmalta.com/