Malta – IMM situation

IMM name: Commission for the Rights of Persons with Disability (CRPD) 

IMM type: Equality body

CRPD ratification date: 10 October 2012

IMM legal framework: Chapter 413 of the Law of Malta. (10^th February 2000 – 1^st October 2000. ACT I 2000, as amended by Legal Notice 426 of 2007; and Acts II and XXIV of 2012, XXIV of 2016, XXIX of 2019, and LIX of 2021).

Malta ratified the CRPD on 10 October 2012. In 2012, after broad internal and external consultations, Chapter 413 of the Law of Malta was amended by Legal Notice 426 of 2007, and Acts II and XXIV of 2012, XXIV of 2016, XXIX of 2019, and LIX of 2021. The IMM is an Equality Body and is not part of a Monitoring Framework consisting of other entities.

The IMM is mandated under article 22 and has a quasi-jurisdictional competence.

The IMM undertakes/has undertaken the following activities:

• develops a plan to monitor the implementation of the CRPD by the State
• evaluates policy, legislative and administrative compliance with the CRPD
• offers legal and policy advice to ensure compliance with the CRPD and other relevant international human rights obligations of the State
• initiates or undertakes research studies on the rights of persons with disabilities
• receives and considers complaints or reviews the outcome of complaints received by the NHRI
• promotes the rights of women and girls with disabilities in legislation and policies, including in the disability and gender-equality legislation and programmes
• focuses on monitoring the right of women and girls with disabilities and reporting
• undertakes investigations on the rights of persons with disabilities
•  submits reports to the CRPD Committee and other relevant human rights treaty bodies or international human rights mechanisms
• cooperates with other domestic mechanisms, as appropriate, such as the Parliament, the National Preventive Mechanism, NHRI, and Equality Bodies, with the aim to reinforce human rights monitoring and reporting at the national level
• liaises with the focal point(s) designated within the government under Article 33 (1) for matters relating to the Convention’s implementation
• liaises with National Mechanisms for Reporting and Follow-Up on matters relating to the implementation of the CRPD

The IMM’s membership includes persons with disabilities as officials of the Commission and as members of the Commission Council on the Rights of Persons with Disability (Advisory Body). Women with disabilities and their representative organizations also participate in the membership and managerial functions of the IMM.

The monitoring activities in which persons with disabilities or their representative organizations have been involved are:

• monitoring of public policies and legislation concerning persons with disabilities
• monitoring the situation of persons with disabilities in institutions such as residential care centers and other places of institutionalization
• participating in joint initiatives between the National Preventive Mechanisms or the IMM to monitor places of detention, including prisons, police stations, and mental health institutions

Persons with disabilities participate and are involved in the monitoring process by taking part in the decision-making process of the IMM; they have a voice and the right to vote; this is done through the Council for the Rights of Persons with Disability and KCC. Persons with disabilities also attend the decision-making process of the IMM; they have a voice throughout the deliberation through the same two structures.

In addition, persons with disabilities as designated experts on disability are invited or hired to support specific programmes in the IMM through established or ad hoc structure, dependent on the initiative in question. Persons with disabilities monitoring their rights may submit findings or allegations of human rights violations to the IMM through the commission’s Directorate for Investigations, compliance, and enforcement.

Persons with disabilities who identify themselves as self-advocates are invited to join specific monitoring activities by the IMM. The specific terms of engagement depend on the initiative in question through the Council for the Rights of Persons with Disability (sub-art 1 -3 article 24 of EAO). There is also a consultative Committee for the rights of Persons with Intellectual disability (KCC) on which members sit in their personal capacity and receive appropriate support. In addition, persons with disabilities and organizations that represent them are being compensated or supported financially for their time and expertise on a case-by-case basis, such as when they participate in the focus or working groups, studies or surveys, or contracts of service.

Note: If you wish to rectify or provide more information regarding your IMM, please contact ohchr-CRPDIMM@un.org