An analysis of the disability concept as taken from the legal perspective

Abstract

This thesis mainly outlines the legal framework in Malta, whereby persons are protected from being discriminated on grounds of their disability. Particular emphasis is put on the 'Equal Opportunities (Persons With Disability) Act.' Chapter one looks at the legal definition of disability, which clarifies who are those entitled for protection against discrimination in Malta. Such definition is illustrated by references to US and English law and the relative interpretation. Chapter two deals with the extent to which one should consider discrimination on grounds of disability, a human rights breach. Here I explain the shift from the medical to the social model and the legal effects thereof. Particular attention is put on the 'European Convention Of Human Rights' and its interpretation vis.a.vis disability. Reference is also made to other legal instruments of the Council Of Europe, the UN and the EU. Chapter three tackles the general prohibitions with respect to disability discrimination, alongside with those instances, where such discrimination is permitted. Besides Maltese law, I also refer to Australian law and the relative interpretation. The following four chapters delve into particular sectors, which are indicated by law as those, in which disabled persons are likely to suffer discrimination. Such sectors concern education, employment, access to buildings as well as the provision of goods, facilities and services. In so far as every sector, I shall examine the various ways and means, in which one can be discriminated against, as well as the interpretation given in Malta thereto. Moreover, reference is made to the law in USA, Australia andEngland together with relative caselaw, because such laws constitute the main source, which the Maltese legislator resorted to. Finally, chapter eight examines the enforcement tools, the disabled Maltese have so as to safeguard their rights. Particularly, I shall focus on the National Commission Persons With Disability.