A historic step towards more inclusion
Making Malta a more just, humane and inclusive society is a prerequisite which the government set itself
Thankfully, we’ve come a long way from the days when the Maltese disability sector saw more lip service than real progress. Two bills – the Personal Autonomy Act and the Protection of Adults in Situations of Vulnerability Act – submitted for public consultation last week aptly demonstrate the hive of activity that the sector has happily become, thanks to the combined efforts of the ministry, agencies, NGOs, professionals, persons with disabilities and their families.
Rightly described as a historic step forward towards more inclusion and autonomy in our society, the proposed acts are also part of the ongoing, monitored process of implementation of the 2022 electoral manifesto. A pledge made, another promise kept.
The Personal Autonomy Act is specifically aimed at helping you, the citizen, to make your own choices and to do things by yourself, without someone else telling you what to do or not do. In this way and in conformity with the UN Convention for the Rights of Persons with Disabilities, we are ensuring Maltese persons with disability make their own decisions through a supported decision-making method.
Guaranteeing the fundamental rights of every person with disability on our islands, the act provides for a new system that respects the dignity of the person and decreasing the eventuality of situations wherein someone else decides in his or her name. Only proven extreme cases would be exempted from the process.
In the case of the Protection of Adults in Situations of Vulnerability Act (PASVA), we seek to help adults who need support and protection, in such circumstances as when an injury, abuse and neglect occur. It is a procedure to be managed by an appointed director who may want to talk to experts in the sector for advice, among them the Commissioner for the Rights of Persons with Disability (CRPD), the Mental Health Commissioner (MHC) and the Commissioner for Older Persons (COP).
There are, of course, rules to follow. The proposed acts make it clear that every adult can choose how to live, that he or she can say yes or no to help and to receive the help that is best for them.
The Protection of Adults in Situations of Vulnerability Act will provide for the setting up of a legal structure to help protect persons with disability from abuse, injury and neglect. It smoothly paves the way for assistance, when needed, in cases that end up in court.
We are ensuring Maltese persons with disability make their own decisions- Julia Farrugia
In Malta, we are, hitherto, stuck in an unhappy situation where some persons are deemed unable to make their own decisions, even though their participation can be guaranteed through proper support. They deserve to play their part in tackling small as well as important issues such as inheritance.
We are among the first European nations, which include Ireland, Spain and Austria, to implement article 12 of the UN Convention for the Rights of Persons with Disability following extensive consultations with other government entities, professionals, NGOs, the persons involved and their families. The acts were interwoven on the advice of international experts, among them two UN Special Rapporteurs.
Protection inevitably requires access to both criminal and civil cases, the certification of persons working with vulnerable adults and a register of those found guilty of offences against these adults. Those listed on the register would no longer be allowed to work or volunteer in the discipline of vulnerable adults.
Making Malta a more just, humane and inclusive society is a prerequisite which we set ourselves. It is an enduring process that is not based merely on textual reforms but a commitment to our long-held values – those of a world in which the dignity, autonomy and rights of every person, with disability or not, are secured and endorsed through prompt and proper action.
It is part of a wide-angled perspective which steers our nation towards more accomplishments in fields and on issues which had lingered for far too long on the national agenda.
Julia Farrugia is Minister for Inclusion.