Equal recognition before the law and access to justice for persons with intellectual, sensory and psychosocial disabilities : an analysis of the situation in Malta in light of recent developments

Abstract

The rights of persons with disabilities have been historically denied through the implementation of substitute decision-making regimes, which revoke a person’s legal capacity and replace that capacity with that of a third person: a guardian or a curator. The Convention on the Rights of Persons with Disabilities (CRPD) is a revolutionary instrument which challenges the traditional view of persons with disabilities as objects of charity and pity and seeks to redefine them in a new light, one of autonomy, capacity and dignity. The following thesis focuses on two core rights; the right to equal recognition before the law, and the right to access to justice. It seeks to delve into the make-up of these two rights and goes on to interpret Maltese Law in their regard in light of the 2012 ratification of the Convention. The thesis concludes that despite recent amendments to the Civil Code, the Code of Organisation and Civil Procedure and the Mental Health Act, Malta is not yet in line with its obligations under Article 12 and 13 of the CRPD.