Call for introduction of adequate moral damages

The opposition has called on the government to amend the Civil Code in such a way as to include a mathematical formula providing for moral damages.

Speaking on the Various Laws (Disability Matters) (Amendment) Bill, José Herrera said this was important because under the present legislation there were categories of people who would not obtain adequate compensation even if permanent disability ensued. These included pensioners, who, because of their age and income were at a disadvantage.

He said the courts should at least be allowed to award moral damages in cases where material damages could not be liquidated. However, the amount should be capped.

The present situation was not in conformity with the UN Convention on the Rights of Persons with Disability. Therefore, an amendment in this respect could have easily been included in this Bill. The government had an inherent moral and legal obligation to do all that was possible to ensure that no discrimination occurred and that the dignity of persons with special needs was safeguarded.

Education needed to be strengthened because it was an element which could lead to less discrimination. Both parties had the interests of disabled persons at heart. Legislation and amendments should reflect all the principles enunciated in the United Nations Convention on the Rights of Persons with Disability.

Dr Herrera said the Bill was also widening the concepts of interdiction and incapacitation. The latter would ensue in cases where physical disability of a person interfered with one’s civil life. Moreover, deaf mute and blind people were no longer subject to automatic interdiction.

Turning to changes in terminology, Dr Herrera said that one had to define the limit of the term “disability” since one had to be careful not to encompass those who suffered momentarily lapses. Terminology should be clearer: the term “harassment” at law meant actions which would reasonable be considered as disrespectful when directed towards a particular person. This Bill would also widen this concept to include other acts which would be considered as harassment when directed at disabled persons. Fines for harassment were to increase to a maximum of €2,500 or imprisonment of six months. A court could also choose to impose both fine and imprisonment in some cases.

Dr Herrera said that persons with special needs should be encouraged and assisted to continue their education. While aid in secondary and post-secondary schools was excellent, the situation at university level was completely different. One could no longer imply that only those who were strong could succeed at university. This was not in conformity with the convention.

Noel Farrugia (PL) called on the minister to extend the opportunities for persons with disability to similar persons in developing countries and nations ravaged by famine and wars.

The UN has set a number of goals to eliminate poverty by 2020. To understand the message, one should accept that the people of the world are one family. Events in Tunisia, Egypt and Libya gave rise to big problems for persons with disability.

Mr Farrugia said the government should ensure that persons with disability were given enough education to enable them help others in Malta and abroad.

He said that a blind person, Michael Micallef, was helping other blind persons in the IT sector, even outside Malta. FITA were trying to give their financial help for the introduction of a laboratory that would help blind persons in remote countries.

A cursory look at the situation during the past 20 years showed that more investment could have been made in order to increase the disabled persons’ lot on the social and economic level. This included more centres.

Jean Pierre Farrugia (PN) expressed complete agreement with the new, wider definition of the word “disability” which he said was very satisfactory, precise and specific. Registration should take place when serious disability struck and not by assuming that disease would invariably result in one.

He said that if the KNPD could concentrate on the more serious cases personalised care could be enhanced.

Terminal cases needed a different kind of care.