Persons with disabilities and employment : equal treatment under council directive 2000/78/EC Malta as a case study

Abstract

The objective of this study is to explore the situation of people with disabilities in Malta regarding employment when compared to the EU instrument adopted in 2000, that is, Council Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation. The first chapter discusses the concepts of disability and discrimination, both direct and indirect; reasonable accommodation; and the principle of equal treatment with regards to formal and substantive equality, all of which are crucial concepts in this field. It also takes a look at the anti-discrimination legislation and the case law of the European Court of Justice concerning discrimination in employment. The second chapter consists of an overview of important landmarks, including instruments adopted - and international years proclaimed - by the UN, the ILO and the EU which were the precursors to - and the aftermath of - the Directive. It also touches upon certain crucial national legislations which helped bring about the move towards looking at disability from a human rights perspective, rather than from a medical or charity-based one. The third chapter analyses Council Directive 2000/78/EC from the perspective of disability, exploring, among others, the concepts discussed in the first chapter as laid down in the Directive. The last chapter of this study deals with the standing of people with disabilities in Malta as regards employment. It explores the issue of whether the practices of the Maltese society - especially those established in the Equal Opportunities (Persons with Disability) Act of 2000 - are compliant with the Council Directive and looks at the progress which is being made - and which still has to be made - towards full equal opportunities for Maltese people with disabilities in employment.