Commission for the Rights of Persons with Disability

Overview

The Commission for the Rights of Persons with Disability (CRPD) is committed to rendering Maltese society an inclusive one, in a way that persons with disability reach their full potential in all aspects of life, enjoying a high quality of life thanks to equal opportunities. In fulfilling this mission, CRPD works in order to eliminate any form of direct or indirect social discrimination against persons with disability and their families while providing them with the necessary assistance and support.

CRPD is responsible to ensure that the Equal Opportunities (Persons with Disability) Act is observed in a reasonable manner. To this end, CRPD receives complaints from persons with disability and their family members who feel that they are being discriminated against on the grounds of disability.

Complaints can be filed across a number of areas, ranging from education to employment, from housing to accessibility, from goods and services to insurance and from rights to health.

CRPD is the national regulator on disability issues in Malta and also the independent mechanism overseeing the implementation of the United Nations Convention on the Rights of Persons with Disability in Malta.

Brief history

The Commission for the Rights of Persons with Disability (CRPD), previously known as the National Commission Persons with Disability, was founded in 1987, when the then Minister of Social Policy made a parliamentary statement announcing that he had appointed the first KNPD members.

On the 10th of February 2000, KNPD was officially founded, this time in accordance with Act No. 1 of the year 2000, Chapter 413 of the Laws of Malta: The Equal Opportunities (Persons with Disability) Act. Amendments to the Equal Opportunities Actin 2016, changed the Commission’s name to Commission for the Rights of Persons with Disability (CRPD) and continued to strengthen the rights of persons with disability by creating the role of the Commissioner for the Rights of Persons with Disability.

The Equal Opportunities (Persons with Disability) Act was amended again in 2021 to further establish the role of the CRPD as the regulatory body for the disability sector following the transposition of the UNCRPD into Maltese law. The amendments in 2021 provided CRPD with more investigative and enforcement authority.  ( TO INCLUDE: LINK TO CHAPTER 413 of the Laws of Malta – https://legislation.mt/eli/cap/413/eng/pdf)

In 2021 Malta passed the UNCRPD into its national legislation giving further rights for inclusion to persons with disability as they can now raise complaints about all areas covered by the articles of the UNCRPD. (LINK TO CHAPTER 627 of the Laws of Malta – https://legislation.mt/eli/cap/627/eng)

Governing laws and regulations

Mandate

Sectors covered

Private, Public

Legal standing before the courts

Representing victims of discrimination before the courts, Bringing proceedings in the name of the equality body [with or without an identifiable victim], Intervention in support of a party

Functions

• Making recommendations on claims of discrimination [or other decisions on the merit that are not legally binding]
• Undertaking ex-officio investigations
• Organising training, advising and capacity-building activities for particular stakeholders on meeting their obligations
• Organising awareness raising and communication activities
• Advising government on the development, adoption and amendment of law and policy
• Monitoring national law and policy from an equality perspective
• Carrying out specialist research on equality and non-discrimination
• Reporting to national and international bodies on discrimination issues
• Networking with relevant entities in the country and internationally

Fields and grounds

Other grounds

Health and disability

Other mandates of the institution

Multi-mandate equality body

Designated as independent mechanism under UN CRPD Article 33(2)

Institution

Management and Appointments

Management

The Commissioner (who must be a disabled person) leads the Commission for the Rights of Persons with Disability (CRPD). The Minister of the Inclusion Ministry nominates the Commissioner, who is then affirmed or otherwise by the Public Appointments Committee within the Parliament of Malta. The CRPD Council is composed of 14 members, and consists of representatives of non-governmental organisations working in the disability sector, one representative of the government and another representative of the Opposition party.

Procedure for nomination and appointment of management and board

Members of the Council are appointed by the Ministry for Inclusion and Voluntary Organisations in consultation with the Commissioner, following an expression of interest from interested parties. At least one-half of the members shall be persons with disability or family members of persons with disability who cannot represent themselves.

Regional or Local offices

1

Accountability

National Ministry