Amendments to the social security, equal opportunities Acts

Justice Minister Chris Said said that the parliamentary committees that discussed amendments to various laws covering matters of disability have been unanimously approved.

The bill now awaits its third reading.

"The amendments seek to ratify Maltese legislation to be in conformity with the United Nations Convention on the Rights of Persons with Disabilities," Said said.

"They also seek to strengthen current legislation on equal opportunities against discrimination based on a person's disability."

The minister added that the amendments would put in line Maltese legislation with a European Union directive against discrimination in the workplace.

"The amendment will primarily seek to change current terminology which is offensive and outdated," the minister said.

In line with the Convention, the term "disability" will now refer to the lack of physical, mental, intellectual or sensory functions that on a long term might limit a person from participating fully and effectively in society.

Another important change to the COCP will be the monitoring of grantors, the people who will legally take care of a person who has been interdicted or incapacitated by Court.

Grantors will now appear in Court every year to give a report of their work. "This will help prevent the potential abuse of vulnerable persons," Said said.

The National Commission for Persons with Disability has been appointed as the independent board that will promote, protect and monitor the implementation of the UN convention, while other organisations that work with persons with disability have been given the right to take legal action on behalf of the said persons.

Government is also seeking to prepare and finalise legislation on guardianship.

The amendment will also protect such persons from harassment.

Another important milestone to the law is the shift of the 'burden of proof' from the disabled person opening a court case to the individual or company facing the accusation.

"We feel the shift is important as the onus is now on the individual or company facing the accusation to prove that it had not breached relevant legal requirements," the minister said.

Amendments to the Social Security Act

Further amendments to the Social Security Act will come into force on 27 March. The amendments will widen the list of medical conditions that fall under Schedule 5 and therefore increasing the number of free medicine provided by government.

Dementia, together with 39 other conditions, has been added to the list.

Other amendments include the revision of the pension of persons - born before January 1962 - who were employed in government-owned companies or where government was the major shareholder, and applied for early retirement schemes after January 2008.

The pension will be revised according to the wages of the last three years where the highest pensionable income will be calculated.