Accessibility as a fundamental human right : does the law offer adequate protection to persons with disability?

Abstract

Society imposes barriers halting the integration and inclusion of persons with disabilities on a frequent basis, often times involuntarily. The Commission for the Rights of Persons with Disabilities recently found that only 42 out of 334 commercial outlets on the Gżira/ Sliema seafront could be classified as complying with the Accessibility for All in the Built Environment Guidelines. This dissertation aims to analyse legislation enacted with the purpose of destroying such barriers to accessibility. The author opines that accessibility is a fundamental human right the protection of which should be at the forefront of the priorities of society if it really wants to be inclusive, also providing a definition of what an accessible society ought to entail from a legal standpoint. Furthermore, Maltese law is analysed so as to gain a better understanding of the progress, or otherwise, made in relation to the eradication of such barriers, together with how such law has changed over the years, and how it will change, due to the effect international legislation has had, and will have, on it. The effectiveness of such legislation is analysed and the study concludes with recommendations for improvements in the law.