The Malta Federation of Organisations Persons with Disability (MFOPD) would like to join others in welcoming the long-awaited ratification of the United Nations Convention on the Rights of Persons with Disability (UNCRPD) and its Optional Protocol by the Maltese Parliament. The ratification took place on October 10.
The articles of the convention aim at bringing about a significant shift towards a human rights model of disability- Laurence Borg
Unfortunately, very little publicity has been given to the event by the media, perhaps because of the ongoing political controversies and mishaps. In fact very few locals, including policy makers, are aware of the convention’s contents and implications.
This further emphasises the stereotype given to persons with disabilities who are often seen as passive recipients of social protection rather than active members of society with an equal right to access national resources.
This is unfortunate because, in order to be successful, the implementation of the UNCRPD needs the full support of various strata of society.
The UNCRPD was adopted by the UN on December 13, 2006 and entered into force on May 3, 2008. The convention is an international treaty that identifies the rights of persons with disabilities as well as the obligation of state parties to the convention to promote and protect these rights, and ensure they are enjoyed.
The primary objective of the convention is to bring about or enforce a change of attitude and approach to persons with disabilities and uphold their rights to make decisions on their lives and become active members of society on an equal basis with others. It identifies areas where adaptations have to be made for persons with disabilities to effectively exercise these rights in the cultural, social and political spheres. The articles of the convention aim at bringing about a significant shift towards a human rights model of disability embodying principles of dignity, non-discrimination, full participation, respect, equality, accessibility and inclusion.
Once ratified, the convention will form part of national law and be directly enforceable by the courts. This may involve a comprehensive review and amendments of present national legislation and, perhaps, parts of the Constitution.
The optional protocol establishes procedures aimed at strengthening the implementation and monitoring of the convention. This allows individuals with disabilities to bring forward petitions and complaints claiming breaches of their rights in issues such as:
• equality and non-discrimination
• equal recognition before the law
• physical and social accessibility
• freedom of movement and nationality
• independent living and inclusion
• adequate standard of living
• privacy
• education, employment, health and sport
• participation in political, public and cultural life.
The federation does not expect things to change overnight but we do expect to see laws enacted in Parliament and the practices in our society at all levels complying with the UNCRPD.
In this regard, we are currently working closely with the European Disability Forum (EDF), which represents the interests of 80 million Europeans with disabilities. The EDF is monitoring the progress made by other European countries, most of which ratified the convention years ago.
It has recently been making requests to be informed of recent legislation relating to the convention. We are playing a crucial part in keeping the EDF abreast of local developments.
We would like to see that the proper legal and political initiatives are undertaken to enforce the rights given to individuals with disability under the convention. If we notice any shortcomings, it would be further in our interest to point them out through the proper channels in an effort to bring about the societal shift intended by the convention and its optional protocol.
Considering the above circumstances, this would be an opportune time for non-member NGOs to join the federation so as to have a stronger voice for the benefit of us all.
The fact that a general election is around the corner may prove helpful since political parties, who will surely give the ratification of the convention its due attention and consideration, may include solutions and commitments towards its implementation in their political manifestos.
About 27,000 persons with disabilities together with their family members will be keeping their fingers crossed and watching and listening closely.
Mr Borg is PRO of the Malta Federation of Organisations Persons with Disability.