1. Disability discrimination is when a person with a disability is treated less favourably than a person without disability in the same or similar circumstances.

Discrimination can be either direct or indirect:

Example 1: There would be direct disability discrimination if a person is refused entry in a restaurant because he is blind or has a guide dog.

Example 2: There would be indirect disability discrimination if the only access to a public building is via a set of stairs, and persons using a wheelchair would be unable to enter.

1. Harassment on the basis of disability occurs when a disabled person is made to feel intimidated, insulted, frightened, degraded, humiliated, offended or subjected to a hostile environment. Disability related harassment is unwanted, exploitative, or abusive conduct against a disabled person, which has the purpose or effect of violating the dignity, safety, security or autonomy of the person experiencing it.

Example: There is harassment on the basis of disability when there are nicknames, name calling, teasing, jokes, or other behaviour which a person with a disability finds upsetting and/or distressing.

1. Victimisation on the basis of disability occurs when a person is punished or threatened with punishment because he or she has asserted his or her rights under the EOA; or made a complaint; or helped someone else make a complaint, or refused to do something because it would result in discrimination, or victimisation.

Example: A customer at a supermarket complains about staff making fun of his stuttering. Subsequently, the staff become rude towards him, try not to serve him or leave him waiting in vain on purpose.

1. Neglect occurs when a caregiver fail to meet the critical needs of a person with disability. It can occur in private homes, group home, schools and workplaces.

Example: A carer does not provide adequate food or drink to a person with disability who is dependent on him / her.

If you are a person with disability and feel that you have been discriminated because of your disability, you (or another person on your behalf, as long as the complaint is not anonymous) can make a complaint under the Equal Opportunities (Persons with Disability) Act to the Commission for the Rights of Persons with Disability. You can either use the sample letter provided by the Commission itself (which can be downloaded from http://crpd.org.mt/wp-content/uploads/2016/04/008-equal-opp-act_ittra-tal-ilment-_mt.pdf); or else write a letter / send an email with following details: Name and Surname, ID Card No, Address, Telephone/Mobile Number, Name of the Entity the complaint is against (if applicable), and Details of the complaint on the contact details below.

The Commission for the Rights of Persons with Disability

G5 Office, Triq Psaila, Birkirkara
Tel: 22267600 / SMS only: 79788555

Gozo Office

Sannat Primary School, Sannat Road, Sannat
Tel: 21556002
Email: eoa@crpd.org.mt
Website: www.crpd.org.mt

If your complaint of discrimination or harassment is related to your employment or place of work, you can also ask the Industrial Tribunal to investigate either through the Department of Employment and Industrial Relations, your lawyer or your trade union.

More information can be obtained from:

The Department for Industrial & Employment Relations

121, Triq Melita, Il-Belt Valletta
Tel: 21224245/6
Email: info.dier@gov.mt

The law protects people with disabilities who raise a complaint of discrimination or harassment. However, if this happens one can address such a complaint to the Commission of the Rights of Persons with Disability.

The Commission for the Rights of Persons with Disability

G5 Office, Triq Psaila, Birkirkara
Tel: 22267600 / SMS only: 79788555

Gozo Office

Sannat Primary School, Sannat Road, Sannat
Tel: 21556002
Email: eoa@crpd.org.mt
Website: www.crpd.org.mt

In the case of employment, you may also address such a complaint to the Industrial Tribunal through the Department of Employment and Industrial Relations, your lawyer or your trade union. More information can be obtained from:

The Department for Industrial & Employment Relations

121, Triq Melita, Valletta
Tel: 21224245/6
Email: info.dier@gov.mt

1. Sexual abuse:

Sexual abuse refers to any sexual acts (including sexual assault and / or rape) which are performed on someone who is unwilling or unable to consent to those acts. A person cannot provide consent if they are under the legal age of consent; intoxicated; intimidated, coerced or threatened; responding to someone in a position of power (e.g. employer, manager, therapist). Sexual abuse of a person with intellectual disabilities can take place even when that person’s apparent willingness is exploited.

1. Physical abuse

Bodily harm which causes any disability is punishable with imprisonment. Where bodily harm, whether grievous or slight is committed on a person with disabilities, the punishment is increased.

1. Psychological abuse/harassment

A crime is committed if a person pursues a course of conduct which amounts to harassment, or which s/he knows or ought to know, amounts to harassment, or subjects another person to an act of physical intimacy, or requests sexual favours or subjects another person to any act and/or conduct with sexual connotations, including spoken words, gestures and/or the production, display or circulation of any written words, pictures, and/or any other material, where such act, words and/or conduct is unwelcome to the victim and could be reasonable regarded as offensive, humiliating, degrading and/or intimidating towards that person.
 
The crime of stalking is committed where a person follows another person, or contacts him/her or attempts to contact him/her by any means, or published by any means, any statement or material relating or purporting to relate to a person or purporting to originate from a person; or monitors the use by a person of the internet, email or any other form of electronic communication, or loiters in any place whether public or private, or interferes with any property in the possession of a person or watches or spies on another person.
 
A person whose course of conduct causes another to fear that violence will be used against him or his property or against the person or property of his relatives shall be guilty of an offence, if s/he knows or ought to know that his/her course of conduct will cause the other to fear on each of these occasions.
 
If you have suffered abuse, you can file a complaint with the police in order for the offender to be brought to justice. However, you can also contact Victim Support Malta, who offer emotional support, psychological services, social work services, legal representation / consultation and liaison with hospital and police.
 
For more information, you can contact:

Victim Support Malta

Tel: 21228333
Email: info@victimsupport.org.mt
Website: http://victimsupport.org.mt

Vice Squad

Police General Head Quarters,
St Calcedonius Square,
Floriana
Tel: 21224001

You can submit a complaint to the National Commission for the Promotion of Equality (NCPE) by downloading and filling in the form found here: https://ncpe.gov.mt/en/Pages/Complaints.aspx. Otherwise, you can contact NCPE on the details below and they can send you the form. A written complaints form is always needed for NCPE to process the complaint.

For more information, you can contact:

National Commission for the Promotion of Equality (NCPE)

Gattard House, National Road, Blata l-Bajda

Tel: 25903850
Email: equality@gov.mt
Website: http://www.equality.gov.mt

In case of abuse you should report this to the police. For support, you can either contact Supportline 179 or Agenzija Appoġġ on the contact details below:

Aġenzija Appoġġ

36, St Luke’s Road, G’Mangia
Telephone: 22959000
E-mail: appogg@gov.mt
Website: https://fsws.gov.mt/en/appogg/Pages/contact-us-appogg.aspx