Understanding Malta’s Approach to Disability Rights and Personal Autonomy
The evolution of disability rights within Malta reflects a growing commitment to empowering individuals with disabilities to make their own life choices. Central to this progress is the recent proposal of the Personal Autonomy Support Bill, a legislative initiative aimed at transitioning from substitute decision-making models to supported decision-making frameworks. This shift aligns Malta with international standards, notably the UN Convention on the Rights of Persons with Disabilities, which underscores the importance of legal capacity and autonomy for all.
Historically, legislation such as Malta’s guardianship law has facilitated substitute decision-making, often leading to the removal of a person’s legal capacity. Guardians, appointed to act on behalf of individuals with disabilities, could control finances and personal decisions, frequently limiting the individual’s independence. Such practices drew criticism for infringing on fundamental human rights, prompting calls for reform and the need for a more rights-based approach.
What the Personal Autonomy Support Bill Envisions for Malta
The Bill proposes replacing guardianship with a support model that emphasizes supported decision-making. Under this framework, individuals with disabilities are provided with assistance tailored to their needs, enabling them to articulate their will and preferences. The law aims to affirm that most persons with cognitive or psychosocial disabilities can participate in decision-making, given appropriate support, and that support should be the default, with substitute decision-making as an exception.
A key feature of the Bill is its emphasis on respecting the will and preferences of persons with disabilities. This approach prioritizes their autonomy, encouraging the use of support mechanisms rather than stripping away legal capacity. Such models promote dignity and inclusion, recognizing the capacity of every individual to participate in decisions that affect their lives.
Challenges in Implementing the Supported Decision-Making Model
While the Bill marks significant progress, several challenges remain in ensuring its effective implementation:
Legal Clarity and Wording
One concern is the precise wording of the legislation—specifically, phrases like “the support person… will act according to the will and preferences of the person.
