Positive action (Article 5 Directive 2000/43, Article 7 Directive 2000/78)

• Author: Ellul, Tonio
• Pages: 57-60

57

5 POSITIVE ACTION (Article 5 Directive 2000/43, Article 7 Directive 2000/78)

a) Scope for positive action measures

In Malta, positive action in resp ect of racial or ethnic origin, religion or belief, disability,

age or sexual orientation is permitted in national law.

Regulation 6(1) of the Equal Treatment in Employment Regulations state that nothing shall

render unlawful any act carried out in or in connection with:

- Affording persons of a particular religion or religious belief, disability, age, sexual

orientation or racial or ethnic origin access to benefits relating to training which would

help prepare them for a particular job.

- Or encouraging such persons referred to in sub-regulation (1)(a) of this regulation to

take advantage of opportunities for doing a particular job.

- Or instances where it reasonab ly appears to the person carrying out the act that it

prevents or compensates for disadvantages linked to the grounds of religion or

religious belief, disability, ag e, sexual orientation and racial or ethnic origin. There

are nĠ ġrescribed criteria tĠ determine what cĠnstitutes ‘disadvantages’.

Article 15 of the Equ al Opportunities (Persons with Disability) Act provides that the law

does not prohibit any form of action that may be taken in t he circumstances of the cas e

by any person, authority or institution to ensure that persons who have a disab ility are

granted equal opportunit ies, special treatment, grants, benefits or programmes t o with a

view to the integration of such persons with other persons who do not have a disability in

matters related to employment, education, accommodation, the provision and use of

goods, services and facilities, the administration of laws and their capacity to lead an

independent life within the community as a whole.

Several entities, such as the NCPE and the Commission for the Rights of Persons with

Disability, regularly organise publicity campaigns, participate in projects and hold seminars

and public meetings to encourage people of a particular religion or religious belief,

disability, age, sexual orientation or racial or ethnic origin to participate in training to assist

them in ent ering the labour market. Jobsplus is very active i n this field, as one of the

cĠrġĠratiĠn’s main Ġbjectives is that Ġf as sisting people in finding emp loyment. Jobsplus

offers specific services to people who are in disadvantaged situati ons and who therefore

find it more difficult to enter th e labour market. These services are offered through the

Inclusive Employment Services. People in disadvantaged situations include people with

disabilities, former substance abusers, former prison inmates, workers who have been out

of the labour ma rket for more than five years, and other people with different social

problems. The employment advisors give assistance and job search guidance to these

people. It is up to the individual to seek this particul ar service.163

b) Quotas in employment for people with disabilities

In Malta, national law provides for quotas for the employment of people with disabilities.

Positive measures of a general social nature, applicable to both the private and pub lic

sectors, quotas and preferential treatment do exist with regard to people with a disability

in the employment field.

163 Training and vocational training services are also offered by Richmond Foundation, Agenzija Sapport and

Inspire. The schemes include the bridging the gap scheme, the community inclusive employment scheme,

the community work scheme, the sheltered employment training scheme and the job bridge programme.