The parents of a 16-year-old boy with spina bifida have filed a judicial protest on his behalf against the Malta Handball Association (MHA), accusing it of discrimination after their son was barred from serving as a reserve player on a local handball team.

Last month, Times of Malta reported that Thomas Mifsud, a teenage athlete and wheelchair user, had started training at a handball club alongside his friends.

Thomas, who described himself as an avid swimmer and a dedicated gym-goer, said he performed well during handball tryouts. His efforts earned him a spot as a reserve goalkeeper on the team.

However, this progress was halted when it became clear that Thomas used a wheelchair. He was subsequently informed that he could not be registered as a player in the league.

'This is the only sport he can play with other children'

Thomas’s parents, Nicolette and Samuel Mifsud, have filed a judicial protest against the entire committee of the MHA, including Daniel Tabone, Joseph Aquilina, Adam Sule Soares, Vanessa Cutajar Mifsud, David Ruch, Guy Bischoff, and Warren Farrugia.

The protest states that Thomas’s participation in handball training allowed him to play a sport with peers who do not have disabilities. His parents argued that his wheelchair did not pose any health or safety risks during training and was well-accepted by his teammates.

“When the other children adjusted and began playing with Thomas just as they would with any other teammate, the training sessions went smoothly, and Thomas was enjoying the sport he loves,” the protest stated.

Thomas’s coach selected him to serve as a substitute goalkeeper for the first under-19 league game on October 20. The team began the registration process with the MHA in line with the sport's rules.

Registration Rejected

Less than 24 hours after submitting Thomas’s registration form, the team was informed that he could not be registered as a player because he used a wheelchair.

According to the Mifsuds, this was the first time they heard of the MHA raising safety concerns about Thomas’s wheelchair. They claim the association only cited these concerns in media responses after the issue became public.

The protest insists that no recognised handball rules explicitly prohibit wheelchair users from playing the sport.

“The MHA is using these rules to justify the discrimination it is fostering by refusing to register Thomas Mifsud as a substitute goalkeeper,” the Mifsuds said in their protest.

They also argued that Thomas’s wheelchair is specifically designed for sports and does not pose a safety risk to him or other players.

As a goalkeeper, Thomas only occupies an 18-square-metre area, which is restricted to other players under the sport’s rules.

Emotional Fallout

The protest further noted that no complaints or concerns were raised by other parents or players.

As a result of the decision, Thomas could not play on October 20, nor could he sit with his teammates or wear the team jersey. Instead, he was told to sit in the wheelchair-accessible spectator area, separated from his friends. Thomas chose not to attend the game.

The Mifsuds claim the MHA’s decision violates the Convention on the Rights of Persons with Disabilities and the association's own safeguarding policy.

“This decision creates a barrier for Thomas to continue practising the only sport he can play with his friends,” the parents stated.

The Mifsuds revealed they had previously sent a legal letter to the MHA, but the issue remains unresolved.

They have vowed to hold the MHA legally accountable unless the decision is reversed and Thomas is allowed to register as a player.

The judicial protest was signed by lawyers Eve Borg Costanzi, Stephen Thake, and Robert Dingli.

In previous comments to Times of Malta, the MHA maintained that it has done its utmost to include Thomas but that it must abide by the rules put in place to maintain the safety of other players. 

At the time, they said that the Mifsuds had misinterpreted the rules of the game and while they don't specifically preclude wheelchairs, they do ban the presence of hard objects that could endanger players.