Cap. 413 · Equal Opportunities (Cap. 413)
Cap. 413 Art. 22Functions of the Commission.
PART VI
(1) The Commission, whilst paying particular attention to the different needs of persons with disability, shall -
(a) (deleted by Act LVIII of 2021).
(b) (deleted by Act LVIII of 2021).
(c) effect monitoring in order to ascertain that all government programmes concerning the affairs and interests of persons with disabilities, their families and voluntary bodies working in the field of disability issues, are implemented in accordance with national policies for disability issues;
(d) (deleted by Act LVIII of 2021).
(e) (deleted by Act LVIII of 2021).
(f) monitor the provision of services offered by government or its agencies or by any other person or group of persons, where the clients of such services are persons with disability;
(g) work towards the elimination of discrimination against people with disabilities;
(h) carry out general investigations with a view to determining whether the provisions of this Act are being complied with;
(i) investigate such complaints as may be made to them of failure to comply with any provision of this Act in an individual case and, where it seems appropriate, conciliate in relation to such complaints, or otherwise take relevant action in respect of enforcement;
(j) inquire into, and make determinations on, matters referred to it by the Minister;
(k) provide, where and as appropriate, assistance, to persons with disabilities in enforcing their rights under this Act;
(l) keep under review the working of this Act and, when deemed fit by the Commission or so required by the Minister, draw up and submit to the Minister proposals for amendments to same;
(m) examine enactments, and (when requested to do so by the Minister) propose enactments, for the purpose of ascertaining whether the enactments or proposed enactments are or would be, inconsistent with or contrary to the objects of this Act, and to report to the Minister the results of any such examination;
(n) provide all such services that may be necessary or required for the Commission to attain its objectives;
(o) collate, analyse and publish statistics related to the disability sector which, indicates the inter alia, national level achieved in inclusive policy;
(p) have the power to take any appropriate action, including proportionate administrative measures and judicial action, to eliminate discrimination on the basis of disability as defined in this Act;
(q) raise awareness and foster respect for the rights and dignity of persons with disabilities, to combat stereotypes, prejudices and harmful practices relating to persons with disabilities, including those based on gender and age, in all areas of life;
(r) raise awareness about the capabilities and contributions of persons with disabilities;
(s) provide the independent mechanism to promote, protect and monitor the implementation of the United Nations Convention on the Rights of Persons with Disability and any of its Optional Protocols as ratified by Malta;
(t) to monitor Guardianship Orders;
(u) monitor facilities offering services to persons with disability and licensed in terms of the Social Care
Standards Authority Act, and to undertake relevant investigations and compliance and enforcement actions in respect of such;
(v) fulfil the role of market surveillance authority in terms of Directive (EU) 2019/882 on the accessibility requirements for products and services, through its Investigations Unit and Enforcement Unit.
(2) The Commissioner is responsible to carry out the functions of the Commission; provided that, the Commissioner may appoint, in accordance with the provisions of article 26(2), the officers whom he deems required, in order to ensure that the functions of the Commission are carried out.
(3) The Commissioner may, on behalf of the Commission, pursue all required actions, including judicial actions, to ensure that the provisions of this Act are adhered to, and he shall be deemed to have the required juridical interest on behalf of the Commission.
Änderungsgeschichte
- Amended by LVIII.2021.7