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Commission for the rightsof Persons with Disability
The Equal Opportunities Act
Annual Report 2015/2016 CrPD
(Persons with Disability)(Chapter 413)
siXteen years of oPeration of the eQUal oPPortUnities aCt
Publication:Commission for the rights of Persons with Disability (CrPD)Bugeia InstituteTriq Braille, Santa Venera SVR1619Telephone: 2278 8555SMS (only): 7978 8555Email: [email protected]
© Commission for the Rights of Persons with Disability – 2017
Annual Report 2015/2016 CRPD 3
It is a pleasure for me that after a lot of work, finally we have in our hands the first annual report of the Equal Opportunities Act Section after entry into force of the amendments to this law by Act XXIV 2016.
These amendments have brought substantial changes, perhaps the most evident one being that where the National Commission Persons with Disability is now called the Commission for the Rights of Persons with Disability. It was not just a name change, but the composition of the Commission and how it operates.
However the biggest changes that have brought these amendments were directly linked to the persons with disabilities, which introduced a set of 14 rights which are inspired mainly by the United Nations Convention on the Rights of Persons with Disability. Thus, those rights that our country has promised to safeguard when it signed and ratified the Convention and the Protocol thereto, can now be fully enjoyed.
In addition to these 14 rights, affecting different aspects of life, the Equal
Introduction
The Equal Opportunities Act (Persons with Disability) (Chapter 413)4
Opportunities Act now also offers protection against discrimination in health. We all know how this field is important, especially in light of the treatment to be taken in relation to the conditions that one can have. Therefore, a decision was taken that health is to be treated as a separate area than the provision of goods, facilities and services.
This report shows how these amendments have been perceived by the public, and in fact a number of complaints were received relating both to the health sector, and also concerning breach of any of the 14 rights.
In addition we are noticing a substantial increase in the number of complaints. I consider this as the result of increasing public awareness on the rights of persons with disabilities. I am therefore comforted by the fact that more people are becoming aware of the Commission’s work, which from its end will remain committed to fulfilling its duties of an organization to protect and promote the rights of persons with disabilities.
oliver sciclunaCommissioner, CRPD
Annual Report 2015/2016 CRPD 5
Executive summary
• During the year 2015/2016, the Commission for the Rights of Persons with Disability worked on a total of 424 complaints. Of these, 176 were pending from the previous years while 248 were newly placed complaints.
• The number of new complaints for this year (248) means a substantial double increase on last year’s number of complaints. Since last year the Commission has worked on 124 new complaints.
• During the first 16 years, the Commission investigated a total of 1,893 complaints, which means an average of 118 complaints per year. The lowest number of new complaints was investigated during the year 2003/2004 (71) while the highest number was investigated this year.
• Before this year, the highest number of new complaints was investigated during the year 2008/2009 when 172 complaints were investigated (76 complaints less from this year).
The Equal Opportunities Act (Persons with Disability) (Chapter 413)6
• In the employment sector, the number of new complaints throughout this year increased from 12 to 14 complaints.
• In the education sector, the number of new complaints increased by one from 12 to 13 complaints.
• In the accessibility sector, 131 new complaints were registered which means an increase of 68 new complaints from last year (63).
• The accessibility sector was the sector about which the Commission received the most new complaints throughout this year.
• In the provision of goods, facilities and services 85 new complaints were registered, which entails a substantial increase of 53 complaints from last year.
• The number of new complaints in the housing sector was the same as last year, which means 5 new complaints.
• As happened in the last three years, this year no complaints were registered in the insurance sector.
• The highest number of new complaints for another year were made against the Government (92) which surpassed slightly the number of new complaints made against the private sector (87). Then there were 53 new complaints against the Local Councils and finally 10 new complaints against public-private entities and 6 new complaints against the Church.
• The highest number of complaints concerning the accessibility sector (58) and housing (3) were made against the private sector while the highest number of new complaints concerning goods, facilities and services (42), education (11) and new cases related to employment (7) were made against the Government.
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• Throughout this year the Commission closed 138 complaints out of a total of 424 complaints that it worked on (or 33% of complaints). Although the number of closed complaints is higher from the last year (120), this percentage shows a decrease of 4% in the number of closed complaints from the previous twelve months.
• The highest number of closed complaints concerned the Government (62). The number of complaints concluded in relation to the private sector was 40, followed by 24 complaints against Local Councils, 8 regarding the public-private entities, and 4 concerning the Church.
• Throughout the coming year, the Commission will work on 286 complaints that require further discussion. Of these, 122 complaints concern the private
sector, 78 concern the Government, 68 were made against Local Councils, 12 complaints target the Church, and 6 the public-private entities.
• The highest number of complaints that need further discussion are related to accessibility. This may have been caused by the increase of new complaints related to this sector.
• During the year 2015/2016 the Commission had 9 judicial protests and 1 court case. This means that there are 14 complaints which ended in legal action; 3 court cases and 11 judicial protests.
• This was the 13th year running since the beginning of the Test of Reasonableness Board’s operation during which it received requests for exemptions based on structural and financial reasons related to development applications and complaints related to accessibility.
The Equal Opportunities Act (Persons with Disability) (Chapter 413)8
• This year also marked the year that the Board was enforced by law in the light of the amendments to the Law on Equal Opportunities (Persons with Disability).
• Throughout the past year, the Board reviewed 49 cases, or 5 cases more than the last year. Of these, 22 were deemed reasonable while 26 were not accepted. There was also 1 case about which further information was requested.
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The Commission has a section within its secretariat, known as the Equal Opportunities (Persons with Disability) Act Section. This section receives complaints from persons with disability who claim to have suffered discrimination based on disability. This work is done in accordance with the requirements of the Equal Opportunities (Persons with Disability) Act, since the Commission has an obligation to oversee that everything included in the Act’s Articles is executed so that the rights of persons with disability are protected. When a complaint is received
from a person with disability, a relative or an organization representing the same person, the Commission sends an email to the charged entity and asks for its reaction. The charged entitiy is obliged to answer, in accordance with the Equal Opportunities (Persons with Disability) Act.
The Section does its utmost to find a solution where possible. Where this is not possible due to lack of willingness by the entity charged, the Commission uses the Act to impose change. This section has from last
An overview of themain complaints
The Equal Opportunities Act (Persons with Disability) (Chapter 413)10
year been conducted by the Commissioner of the Commission. Thus, currently the Equal Opportunities (Persons with Disability) Act Section is composed as follows:• Mr Oliver Scicluna, Commissioner • Ms Victoria Grech, Assistant Manager• Mr Christian Camilleri, Assistant Manager• Ms Jessica Schembri, Assistant Manager• Dr Alexia Farrugia Zrinzo, Legal
Consultant
As it has done every year since the Equal Opportunities (Persons with Disability) Act came into force, the Commission is presenting a booklet containing a report on the work relating to the Act carried out in the previous 12 months, between October 2015 and September 2016. The work reports on
the Act concerned which the Commission presents cover the period starting October, not January, since the Act came into full force in October 2000. This means that we are in the 17th year of operation of the Act. The Equal Opportunities (Persons with Disability) Act is divided into headings, where some of the headings indicate the areas which cannot discriminate against persons on basis of their disability. Through the amendments entered into force in May, some rights were added to those rights already in existance. In fact with the amended law, there was an introduction of a section entitled ‘The Rights of Persons with Disability’ (Bill of Rights). On the other hand, the list of areas which cannot be discriminated can be grouped in six main headings which are:
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• Employment• Education• Accessibility• Goods, facilities and services• Health• Accommodation
One needs to point out that Health is a heading that has been included in amendments made in May in conjunction with the section entitled “Rights of Persons with Disability” (Bill of Rights). Furthermore, Article 37 of the Act also introduced after the amendments, ensures that when a law is in conflict with the Equal Opportunities (Persons with Disability) Act, the latter is to prevail. This Article gives the Commission an opportunity to protect the rights of persons with disability in the best way because it gives a clear picture of the rights of persons with disability under this Act.
Heading 7 under the same Act provides information on exemptions. Through a number of Articles, this heading also protect people with disability from discrimination in terms of insurance.
This part of the work report will provide an account of the main complaints which the Equal Opportunities (Persons with Disability) Act Section addressed this past year. These complaints are selected according to the sector they belong to, with each sector being further subdivided into three categories: • Closed complaints;• Complaints regarding which discussion is
still ongoing (or pending);• Complaints presented in Court.
The Equal Opportunities Act (Persons with Disability) (Chapter 413)12
1. emPloyment
Closed Complaints
request from disabled teacher to be sent in another school (Complaint nr 1)A disabled person who works as a teacher contacted the Commission to be sent in another school located less far away from home, and asked for less amount of working hours due to her disability.
The disabled person informed the Commission that she has already made a request to the Ministry of Education however by the time she contacted the Commission received no reply.
After the Commission made contact with the Ministry, the disabled person was deployed in another school and given less workload.
Person with disability is not granted leave to recover from an operation contrary to the previous year (Complaint nr 2) Person with physical disability who works with Medelec asked the company to be granted leave during the time of recovery from an operation. However this request was rejected by the company. After the Commission wrote to the company, the latter claimed that the leave was not approved because the employee failed to present the date of the operation. The company also explained that the year before, the same person made a request for leave for the same reason but after it was accepted, the operation was cancelled.
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After further discussions with Medelec, it was decided that the person should be given a stipulated deadline by when she shall inform the company about the date of operation. If the deadline is exceeded, a request for a new leave shall be made.
Eventually the disabled person was given confirmation when she will undergo the operation and therefore the company approved the leave.
Person with disability is not given the job as the employer became aware that he has a disability (Complaint nr 4)The Commission received a complaint from a person with spina bifida who does not use crutches. At a glance this person does not seem to have a disability.
It turned out that this person had two interviews for a job as a receptionist at the Chef’s Choice, Marsascala. After being offered the job, the father phoned the company to inform them that four times a day his son needs to use toilet (not the accessible toilet) to change the nappy. For this reason the offer of employment ended abruptly.
The Commission discussed the case where quite clearly it appeared that there was a basis of disability discrimination. The applicant did not specify that he had spina bifida in the interviews and it was only with the father’s intervention that his disability was notified to the employer.
The person with disability did not want to be re-offered this position because he felt
The Equal Opportunities Act (Persons with Disability) (Chapter 413)14
uncomfortable. However he wanted Chef’s Choice to be aware of the fact that they were discriminating and that their behaviour violated the Equal Opportunities Act. He would like that this case does not repeat itself. The Commission subsequently sent a legal letter informing Chef’s Choice with their obligations.
Pending Complaints
Person with disability feels isolated at work as there is no accessibility (Complaint nr 5).A disabled person alleged that he feels isolated at work because the place of work is not accessible. The Commission started investigating by writing to the company involved in this case. Subsequently, a Commission’s draughtsperson carried out
an onsite visit together with an official from the Equal Opportunities Act Section to verify whether the person felt isolated.
During the inspection it was confirmed that the building is not accessible to all. Thus the company was asked to approach an architect of their choice to work on proposed plans how to render the place accessible for all. The Commission is also having discussions with the same company to work on a timeframe so that the place is accessible at the earliest. This has been asked since the place from where the company operates is old.
Court
There were no complaints related to the employment sector presented in court.
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2. eDUCation
Closed Complaints
Parents claim that they have been insulted by a statementing board member (Complaint nr 32) Parents of a person with disability alleged that they have been insulted by a member of the Statementing Board. Following receipt of this report, the Commission wrote to the Statementing Board requesting a case conference to clear any misunderstanding between the two sides.
During the case conference the Board member in question explained that in no way he wanted to insult the parents and always looked at the child’s interests.
The Equal Opportunities Act (Persons with Disability) (Chapter 413)16
Pending Complaints
Person with visual impairment is informed that while the application for maltese Proof reading course has not been rejected, a certificate cannot be given (Complaint nr 27) A person with visual impairment approached the Commission after applying for the course in Maltese Proof Reading and was informed that although the application has not been rejected, she cannot be given a certificate at the end of the course. After discussing the complaint internally, the Commission contacted the University of Malta with a request for a meeting hoping to find a reasonable solution.
Child with disability is not allowed to attend school unless the lsa or teachers
who know how to manage her challenging behaviour are present (Complaint nr 28)Mother of a person with severy disability contacted the Commission since her daughter is not allowed to attend school unless the LSA or teachers who know how to manage her challenging behaviour are present. The Commission wrote to the school in question and it was agreed that a meeting with all parties concerned, including the child’s parents, shall take place. During this meeting a reasonable solution should be found so that the child will have the necessary tools and continue educational studies.
Court
There were no complaints related to the education sector presented in court.
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3. aCCessibility
Closed Complaints
lack of accessibility at the restaurant’s entrance (Complaint nr 49) The Commission received a complaint from a person with mobility impairment regarding Tal-Kaptan at Qawra. This restaurant has a step at the entrance and therefore not accessible for persons with disability. After the Commission contacted the restaurant’s owners, they put a ramp at the entrance without the Commission’s advice.
Therefore, one of the Commission’s technical officials made an inspection and it was noticed that the ramp was temporary and not compliant with accessibility standards. Subsequently, there was a meeting between
the owners and the Commission where it was agreed that they have to install an accessible ramp to the restaurant. The owners were also given guidance how to design a ramp according to the standards. As the Commission has received confirmation that the works were completed and the restaurant became accessible for all, the Commission updated the complainant and closed the case.
electricity pole causes lack of accessibility on pavement (Complaint nr 166)The Commission received a complaint about a pole in Saint Luke’s Street, Tal-Pietà which was put in the middle of the pavement and thus hinders accessibility.
The Commission contacted Enemalta and demanded immediate action because of this lack of accessibility. When the Commission
The Equal Opportunities Act (Persons with Disability) (Chapter 413)18
has received confirmation that the pole was removed from the middle of the pavement, the complainant was asked to confirm this and then closed the case.
Pending Complaints
lack of accessibility at the pharmacy’s entrance (Complaint nr 161) The Commission received a complaint concerning O’hea Pharmacy which has a high step at the entrance and therefore not accessible to all.
The Commission contacted the pharmacy and held a meeting with representatives of the owners that included their architect. During the meeting it was agreed that works for an alternative accessible entrance close to the current entrance should be done.
Following this meeting, the Commission continued to correspond with the pharmacy’s representatives and eventually was given a work plan. The Commission confirmed that the work plan is compliant with accessibility standards.
Currently, the Commission is waiting for the works to be finished so that the pharmacy is rendered accessible to all.
Court
lack of accessibility at saint anthony’s band Club, birkirkara (Complaint nr 45) This case started in 2003 when the Band Club was still not open for the public. Although the building had a lift shaft, a lift has never been installed and therefore different floors within the club are not accessible to all.
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The Commission has made several attempts to keep in touch with the club and sent technical officials including its architects onsite no less than five times to verify the accessibility issue. However by 2016 the lift has not been installed.
Thus in 2016 the Commission opened a court case against the same club. The Court pronounced judgment in favour of the Commission and ordered the Band Club to do the necessary changes within three months to render the club accessible to persons with disability. The club appealed against this sentence.
4. gooDs, faCilities anD serViCes
Closed Complaints
go’s intranet is not accessible (Complaint nr 286)The Commission received a complaint about Go’s intranet which is not accessible for persons with visual impairment. For this reason, My Go’s facility is not accessible to them.
When the case was opened, Go hardly showed cooperation since it kept not answering emails sent by the Commission. However after continuous pressure, Go responded by requesting FITA’s assistance to render the intranet accessible.
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Following series of emails exchanged between the Commission, Go and FITA and a meeting between all parties, Go engaged a Design Agency. Go included a clause in the contract with this agency which obliged it to create a portal accessible to persons with disability. The last correspondence available to the Commission shows that progress has been registered, and that Go and FITA have come into agreement that as soon as works are finished, the latter will certify that the portal and Go’s website are accessible for all. This case is still being followed.
boV’s phone banking is complicated for persons with visual impairment (Complaint nr 312)The Commission received a complaint about BOV’s phone banking facility since it is complicated for people with visual
impairment. Following a number of emails sent by the Commission to the bank, it was agreed that a meeting shall be made between the complainant, BOV and the Commission. This meeting shall hopefully lead to a solution without compromising the bank’s security.
During another meeting at a later date, it was agreed that only one pin should be used for transactions between individuals of the same bank accounts. The person who made the complaint was requested to bring some other suggestions by which the bank’s transactions should be more accessible for people with visual impairment.
The complainant sent its suggestions to the Commission which in turn forwarded them to the bank. For the case to be closed, the
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Commission needs a confirmation from the complainant that he is satisfied with the changes there have been in BOV’s bank transactions system.
reserved parking abuse at mater Dei (Complaint nr 348)In May 2016 the Commission was asked by a Blue Badge holder whether there were changes in the parking policy concerning Mater Dei Hospital. This person stated that while in the past he would be allowed staying in the car (when all reserved parking bays are taken) and then taking the place of another car leaving a reserved parking, he was denied this anymore.
The Commission felt the need to hold a meeting with G4S since its employees have the responsibility of maintaining order inside
Mater Dei’s car park. The Commission felt also the need for this meeting since there were other reports that non-Blue Badge holders were being allowed to park on reserved parking.
During the meeting the Commission called for better enforcement and more vigilance by the security officers, especially in certain times and parking areas where there are more people at Mater Dei. G4S committed themselves to allow persons with severe mobility to park on the side where they cannot interfere anyone.
Subsequently the Commission continued to receive reports about non-Blue Badge holders parking on reserved parking at Mater Dei. Therefore a legal letter was sent to G4S which in turn requested an onsite meeting.
The Equal Opportunities Act (Persons with Disability) (Chapter 413)22
The Commission went onsite without advice and for another time requested that the agreement reached between the Commission and G4S during the first meeting should be honoured. G4S was also requested to take note of the Blue Badge number whenever they suspect of false or expired documents, and then ask the Commission to investigate.
The Commission left this case open in the hope that in the coming months it stops receiving reports about parking abuse at Mater Dei because it feels that the agreement between the Commission and G4S should be respected.
Pending Complaints
atms are not accessible for persons with visual impairment (Complaint nr 298)
The Commission received a complaint that APS’s ATMs are not accessible to persons with visual impairment because they do not have the voice guidance facility.
After years of working on this case, meetings were held between APS and the Commission. Some of these meetings were also attended by FITA. During these meetings discussions on how to implement voice guidance in ATMs were made.
Subsequently, work started on the implementation of voice guidance in ATMs with the Commission repeatedly asking for developments in this regard. In April 2016 the case was closed because the bank informed the Commission that the voice guidance facility is ready.
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skip placed on reserved parking for persons with disability in tas-sliema (Complaint nr 359)The Commission received a complaint that a skip was placed on a reserved parking in Tas-Sliema. After informing the Local Council about this complaint, the latter asked the Cleansing Directorate to remove the skip.
A few weeks later, the Commission asked the Council for an update on this case and it was informed that the skip was removed. This was also confirmed by the complainant.
rules and inadequate assistance at Dar nazareth (Complaint nr 381) The Commission received a complaint from a Dar Nazareth resident who wished to have greater control of his finances, and better assistance from a person who works in this house. After several emails, it was decided
The Equal Opportunities Act (Persons with Disability) (Chapter 413)24
that a meeting between the management of Dar Nazareth, the person who made the complaint and the Commission shall be made. While agreement was reached on some points, other issues needed to be discussed later.
One week after this meeting, the Commission sent an email to Dar Nazareth and to the resident who made the complaint asking them for latest developments. In their reply, both sides agreed that they managed to find a satisfactory agreement and thus the case was closed.
Court
No cases relating to Goods, Facilities and Services appeared in Court.
5. aCCommoDation (hoUsing)
Closed Complaints
work on the installation of a lift in a block of apartments was stopped (Complaint nr 391)The Commission has been contacted by a person with disability who resides in a Housing Authority’s block of apartments. Work to install a lift in this block had started but for some reason was stopped. Following discussions with the Housing Authority, it was agreed that a tender for the remaining work on this lift should be issued.
The Commission was informed that the tender was issued and works continued. When the Commission received confirmation from the person who filed the complaint that the lift was installed, it closed the case.
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Pending Complaints
request for another government’s residence (Complaint nr 395)A person with disability who lives in a Government’s residence contacted the Commission about her need to be relocated into another residence. She explained that the place where she currently lives is too small and can only accommodate three persons (her two children and herself). She also explained that the same site is not accessible for all. The Commission contacted the Housing Authority about this case and the latter is exploring whether it can offer a greater and accessible residence to this family.
Court
No cased relating to accommodation sector appeared in Court.
6. insUranCe
Closed Complaints
No cases relating to the insurance sector were closed.
Pending Complaints
No cases relating to the insurance sector were left pending.
Court
No cases relating to the insurance sector appeared in Court.
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work in 2000-2016
This year happens to be the 16th year since the Equal Opportunities (Persons with Disability) Act came into force. During the period covered by this report, the Commission worked on a total of 424 complaints. Of these, 176 complaints were, for various reasons, left pending from the previous year. The Commission also worked on 248 newly opened cases during this year. When one compares the number of new complaints with those of the previous year, one can note that:
The Commission received 124 more complaints than those it received over the 12 months of the previous year. In fact there were 124 new complaints registered last year.
The Commission worked on a total of 424 complaints, which entails an increase of 97 complaints from the previous year. We can say that the number of newly complaints received this year increased substantially.
General Overview
The Equal Opportunities Act (Persons with Disability) (Chapter 413)28
Table 1 provides information on all the complaints the Commission worked on throughout this year across all sectors.
Table 2 compares the new complaints received by the Commission throughout this year with the cases opened each year since the Act came into force. This table shows that:• Over these 16 years of operation, the
Commission investigated a total of 1,893 complaints, which means an average
table 1: new complaints investigated throughout 2015/2016
empl. educ. accessgoods,
fac. & serv. housing ins. total Nr % Nr % Nr % Nr % Nr % Nr % Nrfrom previous years 4 2 35 20 114 65 21 12 2 1 - - 176new 14 6 13 5 131 53 85 34 5 2 - - 248total 18 8 48 25 245 118 106 46 7 3 - - 424
of 118 complaints per year. 2003/2004 registered the lowest number of new complaints (71) while this year (2015/2016) registered the hightest number (248).
• In the employment sector, the number of new complaints (14) showed an increase of 2 complaints from the previous year (12).
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• In the education sector, the number of new complaints (13) showed an increase of 1 complaint (12) from the previous year.
• The accessibility sector was the one the Commission received the most complaints about. In fact there were 131 new complaints registered this year, which means 69 new complaints more than the previous year (62). Since the average of new complaints in the accessibility sector is 49, this means that the new complaints received in this sector amount to 82 complaints above the average for all years.
• In relation to the provision of goods, facilities and services, the Commission received 85 new complaints, which means an increase of 53 complaints from the previous year (32). It is worth mentioning that the Commission’s average number of received complaints
for all years is 32 complaints, which means that the new complaints registered this year were substantially above average by 53 complaints. These figures clearly show that in recent years, persons with disability made considerable use of the Act in such an important sector.
• Throughout this year, 5 new complaints were registered in relation to the accommodation sector, which means the same number of complaints of last year (5). This number also means that more complaints were registered in comparison with the average for all the years (4). This average is the lowest among all sectors, together with the insurance sector.
• For the fifth consecutive year, no complaints were made in relation to the insurance sector. It is worth mentioning that the average for this sector (2) and the
The Equal Opportunities Act (Persons with Disability) (Chapter 413)30
accommodation sector (4) are the lowest among all sectors covered by this Act.
table 2: new complaints over the years
empl. educ. accessgoods,
fac. & serv. housing ins. total Nr % Nr % Nr % Nr % Nr % Nr % 00/01 13 14 10 11 50 53 19 20 1 1 2 2 9501/02 10 13 8 11 42 55 14 18 2 3 - - 7602/03 11 15 23 31 18 24 16 21 5 7 2 3 7503/04 9 13 16 23 25 35 16 23 2 3 3 4 7104/05 7 8 26 29 27 30 25 27 4 4 2 2 9105/06 6 7 24 26 42 46 18 20 1 1 1 1 9206/07 9 9 14 13 57 54 22 21 1 1 2 2 10507/08 8 8 28 29 44 45 15 15 2 2 1 1 9808/09 11 6 38 22 65 38 50 29 6 3 2 1 17209/10 14 14 22 21 35 34 22 21 5 5 5 5 10310/11 19 20 19 20 25 26 31 32 2 2 - - 9611/12 20 16 19 16 31 25 42 34 8 7 2 2 12212/13 22 13 15 9 57 35 65 40 5 3 - - 164
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empl. educ. accessgoods,
fac. & serv. housing ins. total13/14 17 11 20 12 71 44 47 29 6 4 - - 16114/15 12 10 12 10 63 51 32 26 5 4 - - 12415/16 14 6 13 5 131 53 85 34 5 2 - - 248total 00/16 202 11 307 16 782 41 519 27 60 3 22 1 1,893
average for all 16 years
13 11 19 16 49 41 32 27 4 3 2 2 118
The complaints received by the Commission affect various entities and for the purposes of this publication, these are being classified into six different categories. These comprise Government entities, public-private entities, Local Councils, the Church, private entities, and workers’ Union.
Table 3 analyses the complaints received by the Commission over the past 16 years,
assigned according to their relation to the above-mentioned entities. As shown in the table, over the past year there were more complaints placed against public entities, namely Government, public-private bodies, or Local Councils (155 complaints or 62% of all complaints). There were 6 complaints against the Church (or 2% of complaints registered) and 87 complaints (or 35% of all complaints) registered concerning private entities.
The Equal Opportunities Act (Persons with Disability) (Chapter 413)32
table 3: entities about which complaints were made gov. Public-Priv. Councils Church Private Unions total
Nr % Nr % Nr % Nr % Nr % Nr % 00/01 38 40 23 24 6 6 9 9 19 20 - - 9501/02 23 30 13 17 16 21 14 18 10 13 - - 7602/03 34 45 11 15 9 12 2 3 19 25 - - 7503/04 43 61 6 8 8 11 4 6 10 14 - - 7104/05 29 32 15 16 11 12 11 12 25 27 - - 9105/06 28 30 14 15 5 5 25 27 20 22 - - 9206/07 16 15 25 24 15 14 17 16 32 30 - - 10507/08 16 16 10 10 15 15 13 13 44 45 - - 9808/09 72 42 14 8 9 5 23 13 54 31 - - 17209/10 41 40 7 7 12 12 8 8 35 34 - - 10310/11 52 54 6 6 9 9 5 5 24 25 - - 9611/12 61 50 1 1 17 14 2 2 41 34 - - 12212/13 85 52 2 1 27 16 4 2 45 27 1 1 16413/14 67 42 2 1 36 22 3 2 53 33 - - 16114/15 50 40 2 2 32 26 2 2 38 31 - - 12415/16 92 37 10 4 53 21 6 2 87 35 - - 248
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gov. Public-Priv. Councils Church Private Unions totaltotal 00/16 747 39 161 9 280 15 148 8 556 29 1 - 1893average for all 16 years
47 40 10 9 18 15 9 8 35 29 1 - 118
worK in 2015/2016
Table 4 provides an explanation of the results obtained from the investigation of complaints by the Commission over the past year. In other words, it assesses how many of these complaints remained pending and how many were closed. As explained at the beginning of this report, the Commission worked on a total of 424 complaints, with 138 of these have been closed while in the case of 286 complaints require further investigation. Among the 286 pending complaints, there are 3 complaints which led to a court case.
These cases concern physical accessibility and consist in the court case being heard against: • the Malta Football Association (MFA)
regarding lack of phyical acess in the National Stadium at Ta’ Qali;
• the Health Division regarding lack of physical access at the Gżira Health Centre; and
• Saint Anthony’s Band Club regarding lack of physical access in the Hall’s Band Club.
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Among the list of pending complaints, there are 11 cases which led to Judicial Protests. These were presented against:• Lombard Bank• Pitre’ Home • Promenade Pharmacy• Saint Simon Pharmacy• EuroPharma • Tip Toes • Tex Mex Bar & Grill • Energy Complex, Valletta • Empire Cinema • Saint Edward’s College • Sky Club
From Table 4 it also emerges that throughout the past year, the Commission succeeded in closing 138 complaints of the 424 complaints it was investigating (or 33% of total complaints). This percentage shows a decrease of 4% in the
number of complaints it succeeded in closing in the previous year (37%). It is important to observe that the Commission utilises the resources it has in a wise manner, so that fair solutions can be found for all complaints. The Commission also works in order to attain such solutions within a reasonable time frame, although this is not always possible. There may be various reasons for this, including the fact that entities concerned do not always have the necessary resources to remedy the situation in an immediate manner, and would therefore require a time-bound plan. Also unfortunately, sometimes not all entities show willingness to fight discrimination against persons with disability.
Moreover, the Commission prefers to use the strategy of information, education/awareness, negotiation, mediation and
Annual Report 2015/2016 CRPD 35
persuasion in confrontation with entities which are found to cause discrimination. The Commission opts to resort to Court only in cases where the entities concerned refuse to collaborate and to offer a reasonable solution to the discrimination they have caused. This strategy is perfectly reflected in Table 4 since, as explained here, the number of complaints being addressed in Court at present is 14.
table 4: work on complaints in 2015/2016empl. educ. access goods, fac.
& serv.housing ins. total
Nr % Nr % Nr % Nr % Nr % Nr % Nr %Closed 15 11 15 11 42 30 61 44 5 4 - - 138 33Pending 3 2 33 18 189 69 45 24 2 2 - - 272 44Court: Case/Protest
- - - - 14 100 - - - - - - 14 3
total 18 4 48 11 245 58 106 25 7 2 - - 424 100
Table 4 also gives an account of the work and results achieved by the Commission over the past year, according to the type of complaint received. From this table it results that the greatest number of closed complaints was obtained in the goods, facilities and service sector (61 out of 138 closed complaints). It also shows that the second highest number of closed complaints
The Equal Opportunities Act (Persons with Disability) (Chapter 413)36
pertain to accessibility (42). In the education sector the Commission succeeded in closing 15 complaints, in the employment sector closed another 15 complaints, followed by 5 complaints in the accommodation sector, while there were no complaints to close in relation to the insurance sector.
On the other hand, in the coming year the Commission needs to continue its investigations concerning 272 pending cases, in addition to the new complaints it has yet to receive. Regarding the pending complaints, the highest number is related to physical accessibility (104 out of 187). It should be remarked that most of these cases regard pavements in various localities. The second highest number of complaints which the Commission did not manage to close relates to goods, facilities and services, with 45 pending complaints. There
are also 33 pending complaints concerning the education, 2 complaints relating to accommodation and 3 to employment.
In addition to these 272 cases, there are 14 other pending complaints appearing before Court following the opening of a Court case or filing of a Judicial Protest.
Annual Report 2015/2016 CRPD 37
Table 5 provides information on the new complaints the Commission received throughout this past year, classified according to different entities within each sector. It is clear that the highest number of complaints related to the accessibility sector (30), education (11), goods, facilities
table 5: Complaints against various sectors and entitiesgov. Pub.-Priv. Councils Church Private Unions total
Nr % Nr % Nr % Nr % Nr % Nr %employment 7 50 - - 2 8 - - 5 36 - - 14education 11 85 1 8 - - - - 1 8 - - 13access 30 23 4 3 35 27 6 3 58 44 - - 131goods, fac. & serv. 42 49 5 6 16 19 2 2 20 24 - - 85housing 2 40 - - - - - - 3 60 - - 5insurance - - - - - - - - - - - - -total 92 40 10 2 51 26 8 2 87 31 - - 248
and services (42) and housing (2) were made against the Government.
When one compares the figures obtained this year with the same period in the previous year, it can be observed that the number of new complaints regarding Government increased
entities against whiCh the ComPlaints were maDe
The Equal Opportunities Act (Persons with Disability) (Chapter 413)38
from 50 to 92, an increase of 42 complaints. The complaints regarding public-private sector increased from 2 to 10 complaints, the complaints regarding Local Councils increased from 32 to 51 complaints, there was also an increase from 2 to 8 complaints against the Church, an increase from 38 to 87 complaints against the private sector, while no complaints were registered in relation to Unions.
table 6: Complaints outcome according to entityClosed Pending Court/Protest total
Nr % Nr % Nr % Nr %government 62 44 77 55 1 1 140 33Pub.-Priv. 8 53 5 36 1 7 14 3Councils 24 26 68 74 0 0 92 21Church 4 25 12 75 0 0 16 4Private 40 23 110 70 12 7 162 40Unions - - - - - - - -total 138 32 272 65 14 3 424 100
Table 6 provides the results obtained by the Commission in its investigation of 424 complaints, which are categorised according to entity.
This table shows that the Commission succeeded in closing 138 complaints, or 33% of the total number of complaints investigated this year. The greatest number of closed
Annual Report 2015/2016 CRPD 39
complaints concerned the Government (62), followed by 40 closed complaints against the private sector, 24 closed complaints against the Local Councils, 4 against the Church and 8 in relation to the public-private sector. This year the Commission did not need to investigate any complaints made against the workers’ Union.
The same table indicates that there are 272 pending cases that require further discussion. Of these, 110 complaints concern the private sector, 77 complaints concern the Government, 68 complaints address the Local Councils, 5 complaints relate to the public-private sector, and 12 complaints regarded the Church. There are another 14 cases in Court.
test of reasonableness boarD
The Commission’s operation to safeguard the Equal Opportunities (Persons with Disability) Act does not only involve the investigation of complaints received for a possible solution. The Commission is also continuously engaged in offering advice on the implementation and enforcement of the Act, to both persons with disability and their family members (those directly affected) as well as other peope in society on whom the Act imposes certain obligations (those indirectly affected).
The Commission coordinates this operation within the framework of what Article 20 of the same Act defines “reasonable”. To assist it in its decision-making in particular cases,
The Equal Opportunities Act (Persons with Disability) (Chapter 413)40
the Commission has a board that meets regularly and helps it to decide what should be considered reasonable or otherwise. This was the 13th year of the board’s operation, which was chaired by Ms Rita Vella, with the other members being Mr Ronald Balzan (person with disability), Mr John Peel (parent of a person with disability who cannot represent themselves), Mr Carmelo Muscat (Social Security Department), Mr Malcolm Mallia (Malta Developers Association) and Mr Tony Zammit Cutajar (private sector representative). Moreover, one of the two Commission’s Architects is present at each board meeting to act as a technical consultant. These Architects include Mr Frank Muscat and Dr Joseph Spiteri. Ms Marie Barbara, Mr Liston Bongailas, Mr Paul Pulis and Mr Clayton Block (draughtspersons at the Commission) occupy the role of board secretaries alternately.
The majority of cases presented before this board consist of requests for exemption as according to Chapter IV, following the Commission’s vetting of applications for development submitted to the Planning Authority. These applications would have been referred to the Commission for consultation purposes according to a PA Circular. The cases discussed by the board are negotiated together with the applicants (who are invited to attend the board meeting), and in fact several requests are normally accepted as reasonable, even if subject to certain conditions. In other cases, the board requests further information from the applicants in order to be able to reach a decision. Table 7 provides information regarding the board’s work over the past 13 years, since it was set up. It emerges that this year the board considered 49 cases, which amounts to 5 fewer cases
Annual Report 2015/2016 CRPD 41
table 7: test of reasonableness boardCases
Discussedreasonable subject to conditions
not reasonable more information requested
referred to CrPD
Nr Nr % Nr % Nr % Nr %2003/2004 51 30 59 21 41 - - - -2004/2005 71 27 38 44 62 - - - -2005/2006 59 15 25 44 75 - - - -2006/2007 29 11 38 18 62 - - - -2007/2008 39 15 38 24 62 - - - -2008/2009 73 27 37 29 40 16 22 1 12009/2010 82 32 39 26 32 24 29 - -2010/2011 77 30 39 21 27 26 34 - -2011/2012 76 35 46 18 24 23 30 - -2012/2013 66 28 42 21 32 17 26 - -2013/2014 78 45 58 13 17 20 26 - -2014/2015 44 22 50 18 41 4 9 - -2015/2016 49 22 45 26 53 1 2 - -total 2003/2015 794 339 43 323 40 131 17 - -average for all 13 years
61 26 42 25 40 10 17 - -
The Equal Opportunities Act (Persons with Disability) (Chapter 413)42
than in the previous year. Of these, 22 cases were deemed reasonable subject to certain conditions, while 26 cases were not accepted. There was also 1 case about which further investigation was requested.
It is also worth mentioning that the number of cases presented to the board throughout this past year (49) shows a decrease of 18 cases from the yearly average for all 13 years (61). This reduction can be considered a positive one since it seems that with the passing of years, developers and their Architects are taking more care to ensure that the plans submitted to the Authority are compliant with the Access for All standards from the very start, thus providing adequate access to persons with disability as required by the Act. There is no doubt that this is leading to better use of resources for all parties concerned, including the Commission.
ParKing for Persons with Disability ConCessions aCt
The Blue Badge, which in the past was also known as Blue Badge or Blue Card, is an official document recognised across all European Union member countries and other countries outside the Union. The Blue Badge is given to persons with severe mobility problems (both temporary and permanent), persons with substantial loss of vision and persons with severe challenging behaviours.
This document allows eligible persons, or the vehicle in which they are present, to park on reserved parking for disabled persons close to the place of destination. Consequently these persons do not have to walk a long distance due to their impairment.
Annual Report 2015/2016 CRPD 43
blUe baDge in malta
The Blue Badge was introduced in Malta in 1960 when the number of physically disabled drivers was only about 100. The document was administered by the Physically Handicapped Rehabilitation Fund (PHRF) of Corradino. At that point in time the Blue Badge was issued on the vehicle of the person.
In 1973 the administration of the document was transferred to the Police and eventually, in 1988 the service was transferred to the National Commission Persons with Disability while the document was still considered a Police Commissioner document.
In 1993 the Blue Badge started being issued on behalf of the person with disability instead
of the vehicle. This is because a person with disability is not necessarily the driver and therefore they do not necessarily always use the same vehicle.
In 2005 the Commission has seen a substantial increase in applications for Blue Badge and therefore decided to introduce a system and procedure whereby the applicant must appear before a board before being issuing a Blue Badge. This will serve as certification that the applicant has severe disability enough to qualify for the service. It was at this point that the Commission has seen a decline in the issuance of the document.
Although the Commission has taken this step to change the procedure, there was a continuation in abuse which the
The Equal Opportunities Act (Persons with Disability) (Chapter 413)44
Commission could not control. For example, when family members use the Blue Badge without having the person with disability in the vehicle, or when photocopying the document, among other abuses.
Following an initiative by the Commission in 2014 to find a way how to limit abuses, it was revealed that the main problem was caused from the fact that the Blue Badge had no legal basis to enforce and strengthen against persons abusing the document. Therefore a decision was taken to create a law on parking concessions for persons with disability.
Among new changes, including the Act, there are also changes in the Blue Badge document itself to make it more difficult to make photocopies of the document.
Another enforcement brought by this Act includes increased penalties for abuse of parking or the document itself. Whereby currently the fine is €23, under the Act when a person becomes guilty of abuse shall be liable to a fine of not less than €230 and not more than €500 plus towing of the vehicle. Moreover, in case of conviction for subsequent abuse, the person shall be liable to a fine of not less than €1,000 and not more than €1,500 and the towing of the vehicle.
The Commission may also withdraw the Blue Badge in cases where the holder is convicted twice for improper use.
Presently this Act is approved by the Parliament of Malta and is in the process of being officially enforced in Maltese law.
Annual Report 2015/2016 CRPD 45
rePorts of abUses
Although the Act providing for Parking Concessions for Persons with Disability states that complaints about Blue Badge abuse should be addressed to the Police, until the Act is officially enforced by the law, as from August 2016 the Commission started receiving reports relating to abuse.
The reports received by the Commission can be divided into three categories:(a) Reports in relation to Blue Badges abuse
(ex. Blue Badges allegedly being used by non-disabled persons when not in the company of the Blue Badge holder);
(b) Reports on reserved parking for persons with disability (ex. Vehicles parked on reserved parking for persons with disability without presenting the Blue Badge);
(c) Reports regarding persons who have been awarded a Blue Badge but allegedly do not have a disability, or allegedly their disability is not severe enough to qualify for a Blue Badge.
The Equal Opportunities Act (Persons with Disability) (Chapter 413)46
table 8: reports of abuses from august to December 2016
blue badge
abuses
Parking abuses
blue badge holders who allegedly do not
have a disabilitytotal
Reports 24 20 9 53Anonymous 3 3 5 11Forwarded to external entities 8 20 - 28Reports recieved again following taking of action 1 1 - 2
The above table provides a breakdown of the amounts of abuse reports received by the Commission in the months it started to receive and act on these abuses.
Annual Report 2015/2016 CRPD 47
After the amendments of the Equal Opportunities Act came into force, the next step forward is to ensure better enforcement to make sure that the protection offered by the Act is beneficial for all. This involves a collective effort by several entities, since law enforcement is not solely done by the Commission.
As stated in English, “prevention is better than cure” and therefore the Commission will use its resources so that new rights brought about by the law are brought to the attention of the general public, in order to reduce discrimination against persons with disability.
Conclusion
oliver sciclunaCommissioner
Victoria grech Assistant Manager
Christian Camilleri Assistant Manager
Jessica schembri Assistant Manager
Annual Report 2015/2016 CRPD 49
List of all complaintsDetails on complaints marked with * are provided on pages 12 to 25
emPloyment – ComPlaints from PreVioUs yearsnr Complaint status sector entity opened1* Request from disabled teacher to
be sent in another schoolClosed Government Ministry for the
Education and Employment
February 2015
2* Person with disability is not granted leave to recover from an operation contrary to the previous year
Closed Private Medelec March 2015
3 Person with disability claims they could not be promoted if not included in the Registry Specialist
Closed Government Medical Specialists Accreditation
May 2015
4* A person with disability is not given the job as the employer became aware that he has a disability
Closed Private Chef’s Choice September 2015
50 The Equal Opportunities Act (Persons with Disability) (Chapter 413)
emPloyment – new ComPlaintsnr Complaint status sector entity opened5* Person with disability feels
isolated at work as there is no accessibility
Pending Private Medelec January 2016
6 Person with disability alleges abuse at work
Closed Government Pavi October 2015
7 Person with disability not being promoted due to disability
Closed Government Lesa October 2015
8 Person with disability claims being abused by her colleagues following change in company’s management
Closed Private Actavis October 2015
9 Request for transport from home to work place and back
Closed Government Department for the Infrastructure and Works, Kordin
October 2015
10 Request for change in work time not accepted
Pending Private De La Rue November 2015
11 Person with disability not promoted because of disability
Closed Government Project Design & Engineering
November 2015
51Annual Report 2015/2016 CRPD
12 Person with disability alleges the work contract has not been renewed and instead new non-disabled person was employed
Closed Local Councils
Fontana Local Council
November 2015
13 Report on disabled employee in relation to Local Council scheme shows that the employee is bored
Pending Local Councils
Saint Paul’s Bay Local Council
December 2015
14 Person with disability who used to work in a Day Centre was ordered to take forced leave by IPSL/RSSL and not being paid
Closed Government IPSL/RSSL December 2015
15 Person with disability who works as postperson has been given a change in route and requested to start driving a motorcycle to distribute the mail. Such situation led to anxiety and depression
Closed Private Maltapost June 2016
16 Request for light weight laptop Closed Government Ministry for Foreign Affairs
August 2016
17 Employer terminated a person with disability’s job in view of health reasons
Closed Private Koptaco August 2016
52 The Equal Opportunities Act (Persons with Disability) (Chapter 413)
18 Person with disability being verbally bullied at work
Closed Government Private September 2016
eDUCation – ComPlaints from PreVioUs yearsnr Complaint status sector entity opened19 Lack of accessibility in IT schools
(see full Table in page 101)Pending Private IT schools August 2008
20 Arrangements during Matsec examinations
Closed Government Access Disability Support Committee
February 2015
21 School administration refuses person with disability from attending school as he requires one-to-one LSA
Closed Private Saint Paula School July 2015
22 LSA refuses to assist person with disability
Closed Government Ministry for the Education and Employment
August 2015
23 Lack of accommodation in secondary school
Closed Government Pembroke Secondary School
November 2013
24 Lift is not installed at school despite there is a lift shaft
Closed Government Mellieħa Primary School
December 2014
25 Regulations about ICT Educational Institutions
Pending Government Education and Employment Division
January 2013
53Annual Report 2015/2016 CRPD
26 Services provided by the school Pending Government Ta’ Sannat School May 2015
eDUCation – new ComPlaintsnr Complaint status sector entity opened27* Person with visual impairment is
informed that while the application for Maltese Proof Reading course has not been rejected, a certificate cannot be given
Pending Government Access Disability Support
February 2016
28* Child with disability is not allowed to attend school unless the LSA or teachers who know how to manage her challenging behaviour are present
Pending Government Saint Benedict College
January 2016
29 Lack of LSAs in summer school Pending Government Ministry for the Education and Employment
April 2016
30 Child with disability older than two years who uses nappy in view of his disability cannot apply for school because not potty trained
Closed Government Saint Benedict College April 2016
54 The Equal Opportunities Act (Persons with Disability) (Chapter 413)
31 Children with disability sitting for Matsec examinations are requested to present their pink card to invigilators and not the white card like non-disabled children
Closed Government Matsec April 2016
32* Parents claim that they have been insulted by a Statementing Board member
Closed Government Ministry for the Education and Employment
May 2016
33 Person with disability’s parents request the same LSA as in the previous year when attending Inspire
Closed Government Ministry for the Education and Employment
June 2016
34 Request to the Matsec Board for examination arrangements
Closed Government Matsec August 2016
35 Person with disability’s parents are informed that the school administration will not provide LSA
Closed Private Saint Edward’s College
September 2016
36 Person with disability’s application to start attending MCAST is not given a reply
Closed Public-Private MCAST October 2015
37 Request for notes and homework to be sent electronically
Closed Government Life Long Learning October 2015
55Annual Report 2015/2016 CRPD
38 Child with disability is bitten twice from a person attending the school
Closed Government Guardian Angel School
October 2015
39 Teacher requests a LSA to get a student out of class
Closed Government Senglea Primary School
October 2015
aCCessibility – ComPlaints from PreVioUs yearsnr Complaint status sector entity opened40 Lack of accessibility at VAT
Department in BirkirkaraPending Government VAT Department October 2012
41 Lack of accessibility at Gżira Health Centre
Court/Case Government Health Division July 2001
42 Lack of accessibility at the Empire Cinema Complex in Buġibba
Court/Protest Private Empire Cinema Complex
March 2006
43 Lack of accessibility at Boys Museum
Pending Private Fgura Boys Museum
January 2013
44 Lack of accessibility at the entrance of the outlet
Pending Private Candy Cafè January 2014
45* Lack of accessibility at Saint Anthony’s Band Club, Birkirkara
Court/Case Private Saint Anthony’s Band Club
August 2003
46 Lack of accessibility at Tal-Qroqq Sports Complex
Closed Government Malta Sports Councils
January 2008
56 The Equal Opportunities Act (Persons with Disability) (Chapter 413)
47 Lack of accessibility in cafeteria Closed Private Għall-Kafè January 200748 Lack of accessibility in hotel Closed Private Canifor Hotel January 201349* Lack of accessibility at the
restaurant’s entranceClosed Private Tal-Kaptan, Qawra April 2015
50 Lack of accessibility at different levels within Project House in Floriana as lift is out of order
Closed Government Ministry for Transport and Infrastructure
April 2015
51 Lack of accessibility in Sqaq Ta’ B’Xejn, limits of Żurrieq
Closed Government Ministry for Transport and Infrastructure
May 2012
52 Lack of accessibility in establishment as accessible toilet is used for storage
Pending Private 47 Summer Nights February 2012
53 Lack of accessibility in bank branches
Court/Protest Private Lombard Bank April 2009
54 Lack of accessibility in restaurant’s toilet
Pending Private Irrera Restaurant January 2015
55 Lack of accessibility at Psychiatric Outreach Services
Pending Government Health Division January 2011
56 Lack of accessibility in Police Stations around Malta and Gozo
Pending Government Ministry for Home Affairs and National Security
March 2012
57Annual Report 2015/2016 CRPD
57 Lack of accessibility in outlet Closed Private Brooks Brothers August 201458 Lack of reserved parking for
persons with disability within Safi Aviation Park
Closed Government Malta Industrial Parks
August 2014
59 Lack of accessibility in a place of entertainment
Pending Private Funland February 2011
60 Lack of accessibility in restaurant Pending Private Blue Elephant March 201461 Lack of accessibility at Evans
BuildingClosed Government Identity Malta January 2015
62 Lack of accessibility in restaurant Pending Private Ta’ Pawlu Restaurant
November 2007
63 Lack of accessibility at Victor Tedesco Stadium
Pending Private Ħamrun Sports Complex
November 2010
64 Lack of accessible entrance Closed Government ETC, Gozo October 201465 Lack of accessibility at band club
premisesPending Private La Stella Band Club May 2015
66 Lack of accessibility at band club premises
Pending Private Leone Band Club May 2015
67 Lack of accessible ATM at Żurrieq bank branch
Pending Private Bank of Valletta April 2014
58 The Equal Opportunities Act (Persons with Disability) (Chapter 413)
68 Establishments owners obstruct public passage way in Birżebbuġa by placing tables and chairs on the pavement
Pending Government Planning Authority May 2015
69 Lack of accessibility in Xewkija clinic
Pending Government Health Division May 2014
70 Lack of lift limiting accessibility at premises
Pending Government Slaughter House, Marsa
June 2013
71 Lack of accessibility at the outlets’ entrance
Court/Protest Private Pitre’ Home July 2015
72 Lack of accessibility in school Pending Government Kirkop Primary School
July 2015
73 Lack of accessibility at pharmacy’s entrance
Court/Protest Private Promenade Pharmacy
September 2012
74 Lack of accessibility at the outlet’s entrance
Pending Private Harry’s Convenience Shop
September 2013
75 Lack of accessibility in Verdi Court, Santa Venera
Pending Private Bilom Group September 2015
76 Lack of accessibility in Gozo’s Passports Office
Pending Government Gozo Passports Office
October 2013
59Annual Report 2015/2016 CRPD
77 Establishments oweners obstruct public passage way in Marsalforn by placing tables and chairs on the pavement
Pending Government Ministry for Gozo September 2015
78 Lack of accessibility at the outlet’s entrance
Pending Private Clobber Casual Wear
June 2013
79 Lack of accessibility at pharmacy’s entrance
Court/Protest Private Saint Simon Pharmacy
September 2012
80 Lack of accessibility towards pool area
Pending Private National Aquarium November 2013
81 Installation of lift providing access from Parliament’s building towards the level at the back known as Saint James
Pending Government GHRC/ Malta Parliament
October 2013
82 Lack of accessibility of pavement in front Sound Smart, Mosta in view of pole
Pending Government Public Transport Authority
September 2013
83 Lack of accessibility from reception towards pool area in hotel
Pending Private Corinthia Palace Hotel & Spa, Attard
October 2013
84 Lack of accessibility in Go’s offices, Gozo
Pending Private Go October 2013
60 The Equal Opportunities Act (Persons with Disability) (Chapter 413)
85 Lack of accessibility in Naxxar secondary school
Pending Government Maria Regina College, Naxxar
May 2015
86 Lack of accessibility in discotheque
Court/Protest Private Sky Club September 2009
87 Lack of accessibility at pharmacy’s entrance in Dingli
Pending Private Santa Maria Pharmacy
May 2015
88 Lack of accessibility at Ta’ Qali National Stadium
Court/Case Public-Private
Malta Football Association
August 2011
89 Lack of accessibility in Dwejra public toilets
Pending Government Ministry for Gozo June 2015
90 Lack of accessibility in Commission for Refugees offices
Pending Public-Private
Commission for Refugees offices
August 2014
91 Lack of accessibility at Mdina National Museum
Pending Public-Private
Heritage Malta August 2014
92 Lack of accessibility in the school’s entrance
Pending Government Maria Regina Primary School (B)
August 2014
93 Lack of accessibility in bus stops close to Saint Vincent de Paule residence
Pending Government Public Transport Authority
June 2015
94 Lack of accessibility in Gozo Court
Pending Government Ministry for Gozo October 2014
61Annual Report 2015/2016 CRPD
95 Lack of accessibility including guest rooms in hotel
Pending Government Riviera Hotel May 2004
96 Lack of accessibility of pavements in various localities
Pending Government Transport Malta May 2005
97 Lack of accessibility at Europharma, Birkirkara
Court/Protest Private Michele Peresso Ltd March 2009
98 Lack of accessible entrance at Tip Toes, Birkirkara
Court/Protest Private Sarex Ltd March 2014
99 Lack of accessibility at Eden Super Bowl, Saint Julian’s
Pending Private Eden Leisure Group November 2004
100 Lack of accessibility in Social Security District Offices
Pending Gvern Social Security Department
Novembru 2005
101 Lack of accessibility in Cornucopia Hotel
Pending Private 63 Cornucopia Hotel
March 2014
102 Lack of accessibility to Clinics and Health Centres
Pending Government Health Division August 2006
103 Lack of accessible entrance to restaurant
Pending Private Chilli’s Indian Restaurant
November 2014
104 Lack of accessible entrance to outlet
Pending Private Roseberry November 2014
105 Lack of accessible toilets in restaurant
Pending Private Fratelli La Bufala November 2014
62 The Equal Opportunities Act (Persons with Disability) (Chapter 413)
106 Lack of accessibility in school Pending Government Għaxaq Primary School
December 2014
107 Lack of accessibility in school Court/Protest Private Saint Edward’s College
April 2014
108 Access to San Franġisk ta’ Putirjal church
Pending Church San Franġisk ta’ Putirjal Church, Valletta
January 2009
109 Not accessible ramps in Triq Mimosa, Gwardamanġa and lack of reserved parking for persons with disability
Pending Local Councils
Ħamrun Local Council
January 2012
110 Access to Dingli parish church Pending Church Dingli Parish Church October 2004111 Access to Victoria cathedral,
GozoPending Church Saint Mary
Cathedral, VictoriaMarch 2007
112 Access to Xagħra parish church Pending Church Xagħra Parish Church
March 2007
113 Lack of accessibility in Triq Turu Rizzo
Pending Local Councils
Gżira Local Council January 2013
114 Lack of accessibility in Nadur square
Pending Local Councils
Nadur Local Council March 2015
115 Lack of accessibility on pavement towards the entrance to Mdina
Pending Local Councils
Mdina Local Council June 2014
63Annual Report 2015/2016 CRPD
116 Pavement obstructed by tree in Sliema Road, Kappara
Closed Local Council
San Ġwann Local Council
July 2015
117 Removal of reserved parking for persons with disability in Marsalforn
Closed Local Council
Żebbuġ Local Council
July 2014
118 Lack of accessible pavement close to National Aquarium
Pending Local Councils
Saint Paul’s Bay Local Council
August 2013
119 Lack of accessibiliy in Triq Karmenu Mifsud, Pietà
Pending Local Councils
Pietà Local Council October 2011
120 Step to residence obstructs accessibility of pavement in Triq il-Mitħna ta’ Caraffa
Pending Local Council
Luqa Local Council April 2015
121 Lack of accessibility in Triq l-Awstralja, Triq il-Berquq u Triq Franġisku in Naxxar
Pending Local Councils
Naxxar Local Council
February 2011
122 Lack of accessibility in Menqa, Saint Paul’s Bay
Pending Local Councils
Saint Paul’s Bay Local Council
August 2012
123 Lack of accessibility of pavement in Triq Santa Rita, Rabat because of parked cars and no accessible ramps at both ends of pavement
Pending Local Councils
Rabat Local Council April 2015
64 The Equal Opportunities Act (Persons with Disability) (Chapter 413)
124 Lack of accessibility of church Pending Church Saint Dominic Church, Valletta
March 2012
125 Access to the sea from Exiles Pending Local Councils
Sliema Local Council
April 2015
126 Lack of accessibility of pavement in Triq Birkirkara
Closed Local Councils
Saint Julian’s Local Council
August 2014
127 Access to Sannat parish church Pending Church Sannat Parish Church
August 2015
128 Lack of accessible entrance to church
Pending Church Tas-Samra Church, Ħamrun
September 2015
129 Lack of accessibility in Triq San Ġwann T’Għuxa in front of private residence
Closed Local Councils
Bormla Local Council
June 2015
130 Lack of accessibility in parish church and Redentur oratory in Senglea
Pending Church Senglea Parish Church
March 2012
131 Lack of accessibility in parish church
Closed Church Kalkara Parish Church
March 2012
132 Lack of accessibility in Local Council’s entrance
Pending Local Councils
Santa Venera Local Council
September 2015
133 Lack of accessibility in Local Council’s entrance
Pending Local Councils
Valletta Local Council
September 2015
65Annual Report 2015/2016 CRPD
134 Lack of accessibility in parish church
Pending Church Lourdes Parish Church, Paola
April 2012
135 Not accessible pavement in front of old people’s home
Pending Local Councils
Sliema Local Council
April 2013
136 Lack of accessibility in Triq ir-Ramel
Pending Local Councils
Saint Paul’s Bay Local Council
October 2011
137 Damaged pavement in Triq San Pawl
Pending Local Councils
Saint Paul’s Bay Local Council
May 2015
138 Request from persons with disability for the lowering of pavement level in front of Keep Clear Bay
Pending Local Councils
Saint Paul’s Bay Local Council
May 2014
139 Not accessible pavements due to their width and festa poles
Pending Local Councils
Rabat Local Council April 2015
140 Zebra crossing in Triq is-Santwarju without ramps on both ends
Pending Local Councils
Żabbar Local Council
June 2015
141 Garages ramps in Triq is-Soll are dangerous
Pending Local Councils
Santa Venera Local Council
July 2015
142 Lack of accessibility in roads and pavements caused by wrongly parked cars
Pending Local Councils
Valletta Local Council
September 2015
66 The Equal Opportunities Act (Persons with Disability) (Chapter 413)
143 Lack of accessibility caused by tables and chairs close to the sea
Pending Local Councils
Munxar Local Council
September 2015
144 Lack of accessibility of pavements in Triq Imrabat
Pending Local Councils
Saint Julian’s Local Council
November 2013
145 Lack of accessibility of pavement in view of obstructions
Pending Local Councils
Mtarfa Local Council
August 2014
146 Not accessible pavements close to zebra crossing in Triq il-Kosta, Qawra
Pending Local Councils
Saint Paul’s Bay Local Council
September 2013
147 Reserved parking for persons with disability blocked by a pedestal in square
Closed Local Councils
Victoria Local Council
July 2015
148 Ramp in front of Il-Fanal, Marsascala is too steep
Pending Local Councils
Marsascala Local Council
September 2014
149 Lack of accessible ramp Pending Local Councils
Sliema Local Council
November 2014
150 Lack of accessibility in Triq Bartilmew
Pending Local Councils
Qormi Local Council October 2014
151 Lack of accessible ramp in public toilet close to Santwarju tal-Madonna Ta’ Pinu
Closed Local Councils
Għarb Local Council April 2014
67Annual Report 2015/2016 CRPD
152 Lack of accessibility in Triq Santa Luċija
Closed Local Councils
Naxxar Local Council
October 2014
153 Lack of accessibility of pavement in view of pole
Closed Local Councils
Cospicua Local Council
October 2014
aCCessibility – new ComPlaintsnr Complaint status sector entity opened
154Lack of accessibility to Mdina Belvedere
Pending Government Ministry for Transport and Infrastructure
October 2015
155 Lack of accessibility in Upper Gardens where the guns shoot
Pending Public-Private
Wirt Artna October 2015
156 Lack of accessibility in old people’s home
Pending Private Marina Palace Home
January 2016
157 Lack of accessibility in restaurant Pending Private Cargo Bar and Dine January 2016158 Lack of accessible ATM near
bank branch in Balluta and not accessible pavement in front of same branch
Pending Private Bank of Valletta January 2016
159 Lack of accessible entrance in cafeteria
Closed Private Cara’s Cafè January 2016
68 The Equal Opportunities Act (Persons with Disability) (Chapter 413)
160 Lack of accessible entrance to the building
Pending Government Lesa January 2016
161* Lack of accessibility at the pharmacy’s entrance
Pending Private O’hea Pharmacy February 2016
162 Lift providing access to different floors of the library is damaged and therefore causes inaccessibility
Pending Private Belt is-Sebħ, Floriana Library
January 2016
163 Lack of accessible entrance to cafeteria in view of step
Pending Private Busy Bee, Msida January 2016
164 Lack of accessible entrance to restaurant in view of step
Pending Private Barracuda Restaurant
January 2016
165 Lack of accessible entrance to new shop in view of step
Pending Private Da Roberto Coffee Shop
January 2016
166* Electricity pole causes lack of accessibility on pavement
Closed Government Enemalta February 2016
167 Lack of accessibility to shop Closed Private Cellefonic March 2016168 Lack of accessible entrance to
Dar l-Emigrant (and restaurant) in view of steps
Closed Private Storie & Sapori/Dar l-Emigrant
March 2016
169 Lack of accessible toilet in hotel’s ballroom
Pending Private Westin Dragonara March 2016
69Annual Report 2015/2016 CRPD
170 Lack of accessible pavement in Triq Marku Falzon corner with Naxxar Road, Birkirkara caused by electricity pole
Pending Government Enemalta March 2016
171 Reserved parking for persons with disability blocked by billboard
Closed Government Planning Authority March 2016
172 Lack of accessible entrance in outlet
Court/Protest Private Tex Mex Bar & Grill March 2016
173 An extra step to the staircase on the ground floor of an apartment block obstructs the space and is dangerous to residents with mobility impairment residing in the same block
Pending Private Private March 2016
174 Lack of accessibility in school Pending Government San Ġorġ Preca College, Blata l-Bajda
April 2016
175 Lack of accessible toilet in stadium
Pending Private Hibernians Stadium, Kordin
April 2016
70 The Equal Opportunities Act (Persons with Disability) (Chapter 413)
176 Lack of accessibility in Engineering Building at the University of Malta as the lift goes up to first floor only
Pending Government University of Malta April 2016
177 Lack of accessible pavements near Playmobil factory in Ħal Far
Pending Government Malta Industrial Parks
April 2016
178 Request from the Deaf People Association for other premises which needs to be accessible for all
Pending Government Government Property Department
April 2016
179 Lack of accessible pavement in Triq il-Vjola, Wied il-Għajn caused by electricity pole
Closed Private Go May 2016
180 Lack of accessible entrance in the outlet
Pending Private The Outlet, Tarxien May 2016
181 Lack of accessibility in shop Pending Private The Convenience Shop, Wied il-Għajn
May 2016
182 Lack of accessible entrance to gym in view of steps
Pending Private The Gym, Żurrieq May 2016
183 Lack of accessibility at New York Best outlets
Pending Private New York Best May 2016
184 Lack of accessibility in new shop Pending Private Aldo, Victoria May 2016185 Lack of accessibility in new shop Pending Private Tip Toes, Gozo May 2016
71Annual Report 2015/2016 CRPD
186 No accessibility in Addolorata cemetry in view of lack of ramps, handrails and inadequate passage ways
Pending Government Health Division May 2016
187 Ramp near chapel in Mosta cemetry not according to accessibility standards
Pending Government Health Division May 2016
188 Lack of accessibility at Ta’ Xbiex Belvedere
Pending Government Ministry for Transport and Infrastructure
October 2015
189 Window for persons to follow what is going on in the Chamber Court (in cases of abuse) is not at an accessible level to everyone
Pending Government Maltese Court June 2016
190 Lack of accessibility in the outlet Closed Private Rocs, Mosta October 2015191 Electricity poles obstruct
pavements in Vjal l-Indipendenza and Triq in-Nigret in Żurrieq
Closed Government Enemalta June 2016
192 Lack of accessibility at Crosscraft’s entrance in Pama Shopping Village
Pending Private Crosscraft, Pama June 2016
72 The Equal Opportunities Act (Persons with Disability) (Chapter 413)
193 No accessible toilet and lack of accessibility on pavement caused by tables
Pending Private McDonald’s, Buġibba
June 2016
194 Lack of accessible toilets in Manoel Theatre in view of steps
Pending Private Manoel Theatre October 2015
195 Lack of accessible entrance in shop
Pending Private Fashion and Bags, Gozo
June 2016
196 Lack of accessibility on pavement in view of tables and chairs
Pending Private Butterfly Diner, Birkirkara
October 2015
197 Accessibility to Mrieħel bridge at both ends
Pending Government Public Transport Authority
June 2016
198 Pavements in Gozo Hospital are not accessible
Pending Government Gozo Hospital June 2016
199 Lack of accessible entrance in shop
Closed Private The Cake Box, Mosta
November 2015
200 Lack of accessibility in view of step despite works
Pending Private KFC, Gżira July 2016
201 Lack of accessible entrance in shop
Pending Private La Tartine, Mosta November 2015
202 Lack of accessibility in MEA building in view of step towards lift
Closed Private Malta Employers’ Association
June 2016
73Annual Report 2015/2016 CRPD
203 Lack of accessible entrance in view of step and the Complex’s lift is too small
Court/Protest Private Energy Complex, Valletta
November 2015
204 Traffic Lights in National Road, Blata l-Bajda obstruct pavement
Closed Government Public Transport Authority
November 2015
205 Toilet paper holder in accessible toilet on Gozo ferries is fixed away from the toilet bowl
Pending Public-Private
Gozo Channel Co. Ltd
June 2016
206 Lack of accessibility in Archaeology, Folklore and Cathedral Museums in Gozo
Closed Public-Private
Heritage Malta June 2016
207 Lack of accessibility to Fortification Centre in Valletta
Pending Government Restoration Directorate
November 2015
208 Lack of accessibility of pavement in view that the end is not level with the road and the width is less than 1.2m
Pending Government Public Transport Authority
June 2016
209 Reserved parking for persons with disability in Homemate allegedly is not accessible to lift
Closed Private Homemate June 2016
210 Lack of accessibility in school’s toilets
Closed Private Therese Nuzzo Street, Marsa
November 2015
74 The Equal Opportunities Act (Persons with Disability) (Chapter 413)
211 Wooden ramps with inaccurate levels and without handrails, and lack of accessible toilets
Pending Private Palazzo Promontorio
July 2016
212 Lack of accessible toilets in hotel Pending Private Qawra Palace Hotel December 2015213 Lack of accessible entrance in
new building and toiletPending Private Pearl Beach,
SliemaJuly 2016
214 Tables in restaurant are too high from floor level
Pending Private Zen Sushi to Go, Pama
December 2015
215 Sunbeds near the pool obstruct the space for persons using scooter or wheelchair
Closed Private Neptunes Waterpolo Club, Ta’ Xbiex
July 2016
216 Tables in restaurant are too high from floor level
Pending Private Zen Sushi to Go Skyparks, Luqa
December 2015
217 Bus stop sign and other signs are fixed on pavement
Pending Government Public Transport Authority
July 2016
218 Cittadella lift (at the Visitor’s Centre) is locked and another alternative lift is not possible to use in view that the key is not available
Pending Government Ministry for Gozo July 2016
75Annual Report 2015/2016 CRPD
219 Inauguration of walkway and new public toilets not accessible for all at Ħondoq ir-Rummien bay
Pending Government Ministry for Gozo July 2016
220 Go’s pole on pavement limits access for wheelchair users in Swatar
Closed Private Go July 2016
221 Lack of accessibility at Birżebbuġa’s new football ground
Pending Government Ministry for Transport and Infrastructure
July 2016
222 Lack of accessibility on pavement in view that shop owner places items on same pavement
Pending Private Linen & Co, Saint Paul’s Bay
July 2016
223 Lack of accessibility at Arts Council building
Pending Public-Private
Malta Arts Council July 2016
224 Lack of accessibility of pavement in view of tables, chairs and pots outside the restaurant
Pending Private Ristorant Il Veliero, Saint Julian’s
August 2016
225 Lack of accessible public toilets in Ta’ Dbiegi, Gozo
Pending Government Malta Industrial Parks
July 2016
226 Lack of accessibility of pavement in view of chairs and tables
Pending Government Ministry for Gozo August 2016
76 The Equal Opportunities Act (Persons with Disability) (Chapter 413)
227 Lack of accessible entrance to pharmacy in view of step
Pending Private Vittoriosa Pharmacy, Vittoriosa
August 2016
228 Lack of accessible toilets at Lunzjata Education, Science and Culture Centre
Pending Government Lunzjata Education, Science and Culture Centre, Gozo
August 2016
229 Lack of accessibility at Identity Malta premises
Pending Government Identity Malta August 2016
230 Lack of accessibility on pavements in view of electricity poles
Pending Private Go August 2016
231 Lack of accessibility of pavement in view of ramp to restaurant
Pending Private Il-Fanal, Marsascala August 2016
232 Electricity pole obstructs pavement near bus stop in Triq il-Kbira San Ġużepp, Ħamrun
Pending Government Building Regulations Office
August 2016
233 Guest room (or more) in hotel rated as accessible by the management does not include accessible toilet for persons with disability
Pending Private Kempinski Hotel, San Lawrenz
August 2016
234 Lidl’s counters are not accessible for all
Pending Private Lidl July 2016
77Annual Report 2015/2016 CRPD
235 Lack of accessibility to restaurant’s entrance and toilet
Pending Private El Catalan, Xgħajra September 2016
236 Lack of accessibility at museum in view that there is no lift
Pending Private Wignacourt Museum, Rabat
September 2016
237 Lack of accessible entrance to restaurant. Moreover, accessible toilet is on first floor even though there is enough space on ground floor for an accessible toilet.
Pending Private Ta’ Marija Restaurant, Mosta
September 2016
238 Lack of accessibility in weddings’ hall
Pending Private Torre Paulina, Swieqi
September 2016
239 New pavements in Triq il-Qala are not accessible for all
Pending Government Ministry for Gozo September 2016
240 Lack of accessibility to the building’s entrance in view of two steps
Pending Private Bernards Real Estate Agent, Sliema
September 2016
241 Lack of accessibility in supermarket’s entrance
Pending Private V&F Supermarket, Sliema
September 2016
242 Lack of accessible entrance at restaurant in view of step
Pending Private Amigos, Sliema September 2016
243 Lack of accessibility in all three entrance of cafeteria and toilet
Pending Private Costa Coffee, Marsaxlokk
August 2016
78 The Equal Opportunities Act (Persons with Disability) (Chapter 413)
244 New football ground in Kirkop is not accessible for all
Pending Private Kirkop Football Club September 2016
245 Boat which sails to Valletta has a four inch split level in ramp and wheelchair users need assistance
Pending Government Public Transport Authority
September 2016
246 Lack of accessibility of pavement in Triq De Piro leading to Triq Isouard
Pending Local Councils
Sliema Local Council
January 2016
247 Lack of accessibility in Triq Fort Binġemma
Pending Local Councils
Rabat Local Council January 2016
248 Lack of accessibility of pavements in Vjal l-Indipendenza
Pending Local Councils
Żurrieq Local Council
January 2016
249 Lack of accessibility in new public toilets
Pending Local Councils
Senglea Local Council
March 2016
250 Lack of ramp in Balluta square from Triq Manuel Dimech
Pending Local Councils
San Ġiljan Local Council
January 2016
251 Lack of accessibility in front of person with disability’s residence in view of high pavement
Pending Local Councils
Victoria Local Council
January 2016
252 Lack of accessibility in church’s parvis
Pending Church Senglea Parish Church
February 2016
79Annual Report 2015/2016 CRPD
253 Lack of accessibility to Saint George’s Basilica
Closed Church Saint George’s Basilica, Victoria
November 2016
254 Lack of accessibility of pavement in Triq Żaren Dalli
Pending Local Councils
Birżebbuġa Local Council
March 2016
255 Lack of accessibility of pavements in various streets
Pending Local Councils
Żurrieq Local Council
January 2016
256 Lack of accessibility of pavements Pending Local Councils
Senglea Local Council
March 2016
257 Green grocer obstructs pavement with crates
Pending Local Councils
Birkirkara Local Council
April 2016
258 Lack of accessibility of new pavements in Triq Fra Duminku Mifsud
Pending Local Councils
Għargħur Local Council
March 2016
259 Lack of accessibility of pavement in Misraħ Frenċ Abela in view of platform lift in front of pharmacy
Pending Local Councils
Dingli Local Council April 2016
260 Lack of accessibility of pavement in front of OK Medical in view of excessive height
Pending Local Councils
Birkirkara Local Council
May 2016
261 Bus stop is not accessible for all Pending Local Councils
Paola Local Council February 2016
80 The Equal Opportunities Act (Persons with Disability) (Chapter 413)
262 Request from person with disability for reserved parking in front of residence
Pending Local Councils
San Ġwann Local Council
May 2016
263 Lack of accessibility of pavement in Triq Manoel De Vilhena in view of excessive height
Pending Local Councils
Gżira Local Council May 2016
264 Lack of accessibility of pavement in Triq Sant‘Antnin, Buġibba
Pending Local Councils
Saint Paul’s Bay Local Council
June 2016
265 Lack of accessibility of pavement in front of Catholic Institute
Pending Local Councils
Floriana Local Council
June 2016
266 Lack of accessibility in parish church
Pending Church Żejtun Parish Church
November 2015
267 Pedestal obstructs reserved parking for persons with disability in square
Closed Local Councils
Victoria Local Council
July 2016
268 Ramp is dangerous in view of sleeping police
Closed Local Councils
Tarxien Local Council
April 2016
269 Road without pavements close to the entrance of parish church is dangerous in view of heavy vehicles driving through
Closed Local Councils
Kerċem Local Council
May 2016
81Annual Report 2015/2016 CRPD
270 Two zebra crossings in Triq il-Qaliet are dangerous for persons with visual impairment in view of sleeping police
Pending Local Councils
Marsascala Local Council
July 2016
271 Large piece of cement on pavement close to the pitch obstructs wheelchair users
Pending Local Councils
Valletta Local Council
December 2015
272 Lack of accessibility of pavement in view of holes for poles
Pending Local Councils
Vittoriosa Local Council
July 2016
273 Lack of accessibility in Pjazza Savina
Pending Local Councils
Victoria Local Council
October 2015
274 Lack of accessibility of pavement in view of high step in front of private residence in Triq Dun Ġ. Demicoli
Closed Local Councils
Għaxaq Local Council
November 2015
275 Pavement where TCTC courses are held is of excessive height and always obstructed by garbage bags. Furthermore TCTC building itself has no accessible entrance
Closed Local Councils
Victoria Local Council
July 2016
276 Lack of accessibility of pavement in Triq Papa Urbanu
Pending Local Councils
Birkirkara Local Council
July 2016
82 The Equal Opportunities Act (Persons with Disability) (Chapter 413)
277 Pavement is blocked by wrongly parked vehicles in Triq il-Kbira San Ġużepp
Pending Local Councils
Santa Venera Local Council
July 2016
278 Column obstructs reseved parking for persons with disability
Closed Local Councils
Żebbuġ Local Council
August 2016
279 Lack of accessibility to private property in view of wrongly parked vehicles
Pending Local Councils
Sliema Local Council
May 2016
280 Ramp providing access to Rotunda in need of maintenance
Pending Church Mosta Parish Church
August 2016
281 Lack of accessibility of pavement in Triq it-Turisti, Qawra near old people’s home, and need for a Keep Clear Bay and reserved parking for ambulance in front of the same home
Pending Local Councils
Saint Paul’s Bay Local Council
August 2016
282 Lack of accessibility in different zones of the locality in view of the bad state of Triq Tax-Xtut, Triq il-Melħ, Triq il-Qala and Triq il-Boxxla
Pending Local Councils
Saint Paul’s Bay Local Council
August 2016
283 Lack of accessibility of pavement in view of concrete ramp
Pending Local Councils
Saint Paul’s Bay Local Council
October 2016
83Annual Report 2015/2016 CRPD
284 Public toilets are not accessible for all as lift is locked by padlock
Pending Local Councils
Xewkija Local Council
July 2016
ProVision of gooDs, faCilities anD serViCes – ComPlaints from PreVioUs yearsnr Complaint status sector entity opened285 Hand controlled cars for rent Pending Private John’s Group December 2009286* Go’s intranet is not accessible Pending Private Go March 2013287 Audio machine providing
instructions how to use a ticket machine is not accessible for deaf persons
Pending Government MIA September 2015
288 Person feels discriminated against because they did not receive son’s entrustment because of their disability
Pending Government Aġenzija Appoġġ August 2014
289 Suggestion for the Police Identity Card to be made in Braille
Pending Government Police Commissioner
June 2014
290 Accessible toilets are kept closed and used as changing rooms for staff members
Closed Government Londoner Pub June 2015
291 Lack of AC units in school Closed Government Helen Keller School August 2015
84 The Equal Opportunities Act (Persons with Disability) (Chapter 413)
292 Request for Ċentru ta’ Matul il-Jum support workers to have name tags
Closed Government Aġenzija Sapport September 2015
293 Person with disability was allegedly left in isolation by carer
Closed Government Aġenzija Sapport September 2015
294 Reserved parking for persons with disability and sign are not changed following embellishment works in Pjazza Savina
Closed Local Councils
Victoria Local Council
September 2015
295 Keep Clear Bay signs instead of Reserved parking for persons with disability
Closed Government Transport Malta September 2015
296 Self-employed receive the disability pension but asked to return the sickness benefits
Closed Government Social Security Department
September 2015
297 Motorcycle license is withdrawn Closed Government Transport Malta September 2015298* ATMs are not accessible for
persons with visual impairmentClosed Private APS Bank May 2013
299 Subsidised price for persons with disability who use the Complex
Closed Private Embassy Complex November 2014
85Annual Report 2015/2016 CRPD
300 Two reserved parking for persons with disability in Triq il-Wied do not have signs and being abused in the evening when signs are not visible
Closed Local Councils
Żebbuġ Local Council
August 2015
301 Complaints about Tallinja Card Closed Government Public Transport Authority
August 2015
302 Person with disability requests three seats (two of them free) to be able to rely upon its feet during the flight
Closed Public-Private
Air Malta August 2015
303 Removal of reserved parking for persons with disability
Closed Local Councils
Sliema Local Council
August 2015
304 Complaint about company’s practises
Closed Government Gozo Channel September 2015
305 Lack of accessibility in bank’s ATMs
Closed Private Banif Bank May 2013
gooDs, faCilities anD serViCes – new ComPlaintsnr Complaint status sector entity opened306 More security measures for
persons with disabilityPending Private Private March 2016
86 The Equal Opportunities Act (Persons with Disability) (Chapter 413)
307 Reserved parking for persons with disability is taken without permission
Closed Government Mount Carmel Hospital
March 2016
308 Reserved parking for persons with disability sign is removed before starting of works in the street and then not put again
Closed Government Transport Malta March 2016
309 Access to persons with disability to shop in Triq id-Difiża Ċivili is obstructed
Pending Local Councils
Mosta Local Council April 2016
310 Reserved parking for persons with disability is taken by medical doctors
Pending Government Paola Health Centre April 2016
311 Reserved parking for persons with disability is too close to the sea and dangerous for whoever uses it
Closed Government Transport Malta April 2016
312* BOV’s phone banking is complicated for persons with visual impairment
Pending Private Bank of Valleta May 2016
87Annual Report 2015/2016 CRPD
313 Service previously administered once a week is given once every two weeks because of lack of employees
Pending Government CDAU July 2016
314 Complaint about Lino Spiteri Foundation’s sheltered employment
Closed Government ETC July 2016
315 Removal of reserved parking for persons with disability in front of Hotel Calypso, Marsalforn
Pending Government Transport Malta July 2016
316 Person with disability’s daughter is not allowed to enter to Cittadella by car to leave her father near the lift
Closed Government Ministry for Gozo July 2016
317 Removal of two reserved parking for persons with disabiity near the Tourist Office
Pending Local Councils
Marsaxlokk Local Council
July 2016
318 Unauthorised cars on reserved parking for persons with disability at Malta Air Traffic Services Ltd
Pending Government Malta Air Traffic Services Ltd
July 2016
88 The Equal Opportunities Act (Persons with Disability) (Chapter 413)
319 Need for two yellow signs near ramp providing access to public toilets as cars park in front of ramp
Pending Local Councils
Saint Paul’s Bay Local Council
August 2016
320 No stop sign and unauthorised vehicles on reserved parking for persons with disability
Closed Local Councils
Ħamrun Local Council
October 2015
321 Additional VAT on batteries for hearing aids
Pending Government Ministry for Finance October 2015
322 Wheelchair user is requested by bus driver to go down the road rather than on the pavement
Pending Government Public Transport Authority
August 2016
323 Persons with disability complain that they are not being offered the Easy Monthly Scheme
Closed Private Scan Computers September 2016
324 Children with incontinence are not allowed to attend swimming classes
Pending Private Hilltop Gardens September 2016
325 Removal of sign indicating reserved parking for persons with disability
Pending Government Transport Malta September 2016
89Annual Report 2015/2016 CRPD
326 Request for Santa Martha clients to follow a concert from garage instead with the general audience. Moreover food was served after everyone
Closed Private Gozo Youth Wind Band
September 2016
327 Reserved parking for persons with disability lines need refreshing
Pending Local Councils
Naxxar Local Council
September 2016
328 Vans accessible for wheelchair users are not allowed to use the Wasteserv Malta scheme
Pending Government Wasteserv Malta September 2016
329 Removal of Keep Clear Bay for wheelchair user
Pending Government Transport Malta April 2016
330 Need of reserved parking for persons with disability opposite Żejtun school in Triq Sant’Anġlu
Pending Government Transport Malta May 2016
331 Drivers who transport persons with disability drive too fast
Pending Private Coop Services Ltd May 2016
332 Swing for wheelchair users is locked by padlock at Adventure Park, Ta’ Qali
Pending Government Ministry of Sustainable Development, Environment and Climate Change
May 2016
90 The Equal Opportunities Act (Persons with Disability) (Chapter 413)
333 Reserved parking for persons with disability is obstructed by glasses stand
Pending Private Smart Point, Bay Street
April 2016
334 Four reserved parking for persons with disability are taken by food stalls and small van during feast of Saint Joseph
Closed Local Councils
Rabat Local Council April 2016
335 Drivers pick up persons with disability from point of departure very early in the morning
Closed Private Coop Services Ltd April 2016
336 Reserved parking for persons with disability is taken by TLC Childcare car
Closed Private TLC Childcare April 2016
337 Reserved parking for persons with disability is taken by staff members
Closed Private Health Centre, Paola April 2016
338* Reserved parking abuse at Mater Dei Hospital
Pending Private G4S Security Services
May 2016
339 Lack of reserved parking for persons with disability in Dawret il-Qalb Imqaddsa
Pending Local Councils
Birżebbuġa Local Council
May 2016
91Annual Report 2015/2016 CRPD
340 Access to Exiles ramp is obstructed by skip
Closed Local Councils
Sliema Local Council
May 2016
341 Vouchers for nappies are not given
Pending Government Ċentru Servizz Anzjan
May 2016
342 Need for more reserved parking for persons with disability near Fgura school
Pending Government Saint Thomas More Schoole
May 2016
343 Removal of reserved parking for persons with disability in front of Phoenicia Hotel
Pending Government Grand Harbour Restoration Centre
May 2016
344 Mobile application is not accessible for all
Pending Government Public Transport Authority
June 2016
345 Machine which announces points of bus arrival does not work
Pending Government Public Transport Authority
October 2016
346 Person with disability is given job coach without notice
Closed Public-Private
Malta Association for Supported Employment
June 2016
347 Person with disability is improperly treated during Leap Project
Closed Public-Private
Malta Association for Supported Employment
October 2016
92 The Equal Opportunities Act (Persons with Disability) (Chapter 413)
348 Need for reserved parking for persons with disability in front of OK Medical in Birkirkara
Pending Local Councils
Birkirkara Local Council
May 2016
349 Need for larger fonts in bills Pending Private Melita October 2015350 Person with disability is informed
that their disability pension will be stopped
Pending Government Social Security Department
June 2016
351 Person with disability who attends support centre and residing at Mount Carmel Hospital undergoing injustice affecting their health
Pending Government Mount Carmel Hospital
June 2016
352 Parking sign is obstructing drivers who need to park
Pending Local Councils
Ħamrun Local Council
June 2016
353 Improper treatment from Leap employees
Closed Public-Private
Malta Association for Supported Employment
October 2015
354 No sign which indicates reserved parking for persons with disability
Pending Local Councils
Kalkara Local Council
June 2016
355 Need for new signs and refreshing of Keep Clear Bay
Pending Government Identity Malta June 2016
93Annual Report 2015/2016 CRPD
356 Improper treatment on person with disability during Leap Project work
Closed Public-Private
Malta Association for Supported Employment
October 2015
357 Special ID Card holders charged to enter the fair despite being told that entry is free
Closed Private Malta Trade Fair June 2016
358 Person with disability is not allowed to enter the guide dog in the restaurant
Closed Private Dell’Etna October 2015
359* Skip placed on reserved parking for persons with disability in Sliema
Closed Local Councils
Sliema Local Council
August 2016
360 Person with disability who was attending the program ‘Kenn għal Saħħtek’ is recovered at Mount Carmel Hospital but then not accepted back into the program
Pending Government Dar Kenn għal Saħħtek
August 2016
361 Skip is placed on reserved parking for persons with disability
Closed Local Councils
Għarb Local Council August 2016
362 Use of Tallinja Card Closed Government Public Transport Authority
August 2016
363 Lack of accessible vans Closed Private Inspire October 2015
94 The Equal Opportunities Act (Persons with Disability) (Chapter 413)
364 Blue Badge abuse Closed Government Police Commissioner
October 2015
365 Visually impaired person is denied the guide dog
Pending Private Malta Guide Dog Association
October 2015
366 Abuse of reserved parking for persons with disability
Pending Government Gozo Channel Co. Ltd
September 2016
367 Mother is requested not to send her disabled daughter to Museum
Closed Church Żejtun Girls Museum
November 2015
368 Refusal of disability pension Closed Government Social Security Department
November 2015
369 Refusal of disability pension Closed Government Social Security Department
November 2015
370 Reserved parking for persons with disability at Saint George’s bay is moved to another place
Closed Government Transport Malta November 2015
371 Person with disability cannot enter and leave its residence because of parked cars in front of entrance as bollard was removed
Pending Local Councils
Valletta Local Council
November 2015
372 Person with disability is informed that they must pay fee for pool they have at home for therapy
Closed Government Regulator for Energy and Water Services
December 2015
95Annual Report 2015/2016 CRPD
373 Concern that person with intellectual disability is misled over family inheritance
Closed Government Private December 2015
374 Person with disability queries about their application for disability allowance
Closed Government Social Security Department
December 2015
375 Visually impaired person is not allowed to enter the Casino with their guide dog
Closed Private Eden Leisure Group December 2015
376 Person with disability feels they were improperly treated by MASE representatives
Closed Public-Private
Malta Association for Supported Employment
December 2015
377 Reserved parking for persons with disability near Saint Clare school in San Ġwann is moved to another place
Closed Government Transport Malta October 2015
378 Person with disability is not allocated a reserved parking at the workplace
Closed Government Mater Dei Hospital October 2015
379 Person with disability is not allowed to enter with the guide dog in the restaurant
Closed Private La Nave Bistro, National Aquarium
January 2016
96 The Equal Opportunities Act (Persons with Disability) (Chapter 413)
380 Accessible toilets are locked for the public
Closed Local Councils
Kalkara Local Council
January 2016
381* Rules and inadequate assistance at Dar Nazareth
Closed Church Nazareth Foundation
January 2016
382 Reserved parking for persons with disability is removed for the second time in two years without reason
Closed Government Transport Malta January 2016
383 Removal of reserved parking for persons with disability
Closed Government Transport Malta January 2016
384 Pots on reserved parking for persons with disability
Closed Private Pama May 2016
385 Concern about the termination of two disabled persons’ jobs which were related to Lino Spiteri Foundation’s sheltered employment
Closed Government ETC July 2016
386 Need of powered wheelchair at Saint Vincent De Paule
Closed Private Saint Vincent De Paule
July 2016
387 Person with disability feels they received an unfairly contravention as they did not violate any law
Closed Government Lesa May 2016
97Annual Report 2015/2016 CRPD
388 Gozo ferry boat’s lift is obstructed by car
Closed Government Gozo Channel Co. Ltd
May 2016
389 Abuse at Mount Carmel Hospital Pending Government Mount Carmel Hospital
July 2016
390 Reserved parking for persons with disability is allocated to a person who does not need it
Pending Local Councils
Xgħajra Local Council
September 2016
aCCommoDation – ComPlaints from PreVioUs yearsnr Complaint status sector entity opened391* Work on the installation of a lift
in a block of apartments was stopped
Closed Government Housing Authority June 2013
392 Lack of accessibility at school’s residences for students
Pending Private Bels Residence December 2013
98 The Equal Opportunities Act (Persons with Disability) (Chapter 413)
aCCommoDation – new ComPlaintsnr Complaint status sector entity opened393 Person with mobility impairment
applied with the Housing Authority for the replacement of their residence as it is not accessible. They also want that the new residence is close to the mother’s residence as they need assistance regularly in view of their disability
Closed Government Housing Authority April 2016
394 Wheelchair user requests the removal of four steps to the apartment block where they reside
Closed Private Private April 2016
395* Request for another Government’s residence
Pending Government Housing Authority October 2015
396 Tribunal denies the installation of stair lift to elderly couple
Closed Private Private October 2015
397 Building owner has not given their consent for the tenant to install a lift at the tenant’s own expense
Closed Private Private August 2015
99Annual Report 2015/2016 CRPD
insUranCe – PreVioUs ComPlaintsnr Complaint status sector entity opened
None
insUranCe – new ComPlaintsnr Complaint status sector entity opened
None
100 The Equal Opportunities Act (Persons with Disability) (Chapter 413)
table a
it sChools - PenDing
1 TCTC 2 Euro Canadian Electronics 3 Saint Martin’s Institute of IT 4 Educational Support Services 5 Saint Mark’s Institute 6 Computer Advisory Services 7 Learn Key Training Institute 8 Trigold 9 Malta Institute for Computer Studies 10 Success Malta 11 Key Training Services 12 Learning & Development Centre 13 IT IS Education Centre 14 Information Technology Studies Centre
15 Integrated Business Systems 16 Hi-Tex Computer Centre 17 Horizon 2000 Computer Systems 18 Exor Computer Training Centre 19 Holistic Technologies 20 Electronic Products 21 Computer Domain Services 22 Compex Computer Training Centre 23 ExecuTrain 24 Innovatec Training Institute 25 Computime26 Quantum Solution 27 St Thomas Computer Schools 28 Future Focus