In 2006, the United Nations (UN) adopted a convention identifying the obligations of States to promote and protect the rights of persons with disabilities. It also allows individuals to petition the UN on breaches of their rights.
Malta accepted to be bound by the Convention in 2012, and The Equal Opportunities Act (Persons with Disability) Act was amended to reflect the rights in the Convention. However, Malta stated that it does not recognise any abortion rights and that it will continue to adopt its current legislation on voting during elections.
Malta was obliged to appoint a focal point for matters relating to the implementation of the Convention and an independent mechanism to promote, protect and monitor the implementation of the Convention. The focal point for the Convention is the Parliamentary Secretariat for the Rights of Persons with Disability and Active Ageing. The independent mechanism is the Commission for the Rights of Persons with Disability (The focal point of every state who has ratified this Convention is obliged to send to the UN Committee a comprehensive report on measures taken and progress achieved in implementing this Convention at least every four years or whenever the Committee requests one).

Mental health is also included in the definition of disability of the Convention, and thus people with mental health difficulties can also seek help on this with the Commission for the Rights of Persons with Disability.

You can find the text of the Convention and more information on: https://www.un.org/development/desa/disabilities/convention-on-the-rights-of-persons-with-disabilities.html.

A Maltese text of the Convention can be found on: http://www.un.org/disabilities/documents/natl/malta.pdf

An Easy-to-Read version of the Convention can be found here: http://crpd.org.mt/wp-content/uploads/2018/07/crpd-unconvention-LEAFLET-easy-to-read.pdf

For more information, you can contact:
The Commission for the Rights of Persons with Disability
G5 Office, Triq Psaila, B’kara
Tel: 22267600, SMS only: 79788555 / Gozo Office: 21556002

Gozo Office
Sannat Primary School, Sannat Road, Sannat
Tel: 21556002

Email: helpdesk@crpd.org.mt
Website: http://crpd.org.mt/contact-page

The Equal Opportunities (Disabled Persons) Act of 2000 is a law that prohibits discrimination against a person because of his or her disability and gives remedies when it is found that a discrimination has occurred. This Act defines disability as “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”.
The Act also established the Commission for the Rights of Persons with Disability (CRPD) to see that this law is enforced. Hence if a person with disability or a family member of a person with disability feels that he or she is being discriminated because of his or her disability, he or she can lodge a complaint with the Commission.

The areas that are covered by this law are:
• Physical access to buildings, especially those open to the public and open areas;
• Access to information such as sign language, subtitles, Braille, large print, easy-to-read format;
• Education: includes physical accessibility of schools, provision of LSEs and different exam arrangements;
• Employment: includes reasonable accommodation of the workplace or of the working conditions
• Housing: includes the provision of lifts, access to common areas
• Goods and services: include transport and the provision of different services
• Insurance such as unjustifiable higher premium
• Health
• Other rights such as protection from harassment and victimisation.

An Easy-to-Read version of this law can be found here: http://crpd.org.mt/wp-content/uploads/2017/04/ligioppindaqs_er.pdf

More information about this law can be obtained from:
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

The Mental Health Act states that mental disorder means a significant disturbance of thought, mood, understanding, reasoning, orientation or memory. It enlists your rights as a person with a mental disorder in all walks of life, including the right to receive treatment in the least restrictive manner if possible in the community, the right to take an active part in your treatment, and the right to have the support of a carer of your choice, when possible. The responsible carer shall be a person who resides in Malta and who has a close personal relationship with the patient and shows genuine concern for the patient’s welfare. The responsible carer shall be a person appointed in writing by the patient to act on his/her behalf. The responsible carer has the right to know about the rights of the patient and the available services and support to meet the needs of the patient. The carer has the right to access such services and support, participate in the formulation of the care plan and get the necessary information and guidance on how to support the patient.

The law also establishes the office of a Commissioner for the Promotion of Rights of Persons with Mental Disorders, with the main responsibility being to promote and safeguard your rights as a person with a mental disorder.

The law also defines when a person with a mental disorder can be admitted involuntarily to a mental health facility and the safeguards to be observed to ensure that your rights are respected. These facilities have to be licensed according to this law. All patients, including those who enter the facility voluntarily, shall have a multidisciplinary care plan formulated in consultation with the patient and / or responsible carer and finalised within 168 hours of admission. There are specific provisions if you are less than 18 years old.

The law also regulates special treatments, clinical trials and research which cannot be undertaken without your written informed consent. There are also provisions regulating persons with mental disorder who commit a crime. The schedules contain a number of applications and notifications that have to be used in implementing this law.

More information can be obtained from:

The Commissioner for Mental Health

St Luke’s Square, Tal-Pietà, PTA 1010

Tel: 25924304

Email: mentalhealthcommissioner.health@gov.mt

Website: https://mentalhealthcommissioner.gov.mt

It is everyone’s right to have legal representation in both criminal and civil cases. One can appoint one or more legal representatives of his / her own choice. If the person does not have sufficient means to pay for a lawyer of their own choice, he / she can apply for a legal aid lawyer. In civil cases, an individual is subjected to a means test. To be able to qualify for legal aid, a person must not have income that exceeds the sum of €6,988.12[1] (six thousand, nine hundred, and eighty eight Euros and twelve cents).

For more information, you can contact:

Legal Aid Malta

Château de la Ville, 21, Triq l-Arcisqof, il-Belt Valletta

Tel: 2567 4330

Email: info.legalaidmalta@gov.mt

Website: https://justice.gov.mt/en/LegalAidMalta/Pages/home.aspx

[1] These amounts may be subject to change. Please always check with the entity concerned.

The Police officer investigating you has to decide whether you can understand the questions he or she wants to ask you. If this officer decides that you have an intellectual disability, he or she will ask a family member or a person who takes care of you to accompany you during the interview and to sign the document reporting the interview.

If you have a mental health problem, a parent, guardian, social worker or similar person must be present in the interview.

In any case, you also have the right to seek the assistance of the lawyer. It is generally advisable for a person with disability or mental health problem to inform the police officer about the disability and / or mental health problem.

Since Maltese Sign Language is now an official language of Malta, if you are a person that uses this language, you can ask the Court to have all proceedings to take place using this language with the support of interpreters. If you are deaf and do not use this language and can read and write, questions can be put to you in writing and you can answer in writing, and the court register will have to read out the answers publicly. If you cannot write and read, the court will appoint an interpreter who is familiar with you and who can understand you.