Opinion: Malta Has A Concerning Legal Loophole That May Lead To Abuse Of Vulnerable Persons
We all recognise that abuse is inherently wrong and we have laws in place to protect children against it but there is one very serious loophole for our vulnerable that we should be taking more seriously.
Abuse is defined by law as “any means, any offensive treatment whether physical, sexual, mental, emotional, psychological, material or any combination thereof, that causes or is reasonably likely to cause the victim severe physical or psychological harm or material loss to his estate, including acts or threats of physical or sexual violence, acts that violate sexual integrity, degrading or humiliating conduct, repeated insults, ridicule, name calling, emotional threats, invasion of privacy, limitation of liberty and economic abuse through deprivation of financial resources or disposal of assets and property.”
However, as it stands, vulnerable persons, such as persons with disability and the elderly, specifically aren’t specifically protected by the State in situations where decisions need to be made on their behalf. There is also no specific body in place to assess whether actions taken on their behalf are appropriate or representative of that person’s wishes.
So, what does this mean for persons who entrust their care and decision-making in others’ hands?
While there are agencies in place to protect these people and guide families on how best to support their vulnerable relatives, the law does not yet back this up. This means that professionals in the field who are entrusted with these responsibilities must do what they can to advocate for the vulnerable persons but can possibly be met with red tape should caregivers not comply with the guidance given to them.
In 2017, a Bill was proposed by the Foundation for Service Welfare Services in which it projected the need for an Act to ensure the protection of the well-being of vulnerable persons both elderly and persons with disability alike.
It perfectly fits the lacunae that is present in the current law while also ensuring that there are consequences for those who impose on the well-being of vulnerable persons.
The Bill proposed is in line with the Convention on the International Protection of Adults which Malta signed in 2022 but it has not yet been ratified.
This Bill is particularly important after recent studies by the NSO in 2021 found that the highest number of domestic violence cases involved people over the age of 60 years of age.
Despite persons with disability being at a higher risk of abuse than persons without disability, there are no current statistics on abuse involving persons with disability.
You can check out the Bill by following this link.
Do you think Malta’s laws provide vulnerable people with adequate protection?