Issue link: https://maltatoday.uberflip.com/i/1500345
4 NEWS maltatoday | WEDNESDAY • 31 MAY 2023 4 NEWS MATTHEW VELLA MALTA'S Green Party has called for the constitutional pro- tection of the environment to be enforceable by the law courts. Malta's Constitution explicit- ly states that the protection of the environment and protec- tion from pollution are prin- ciples contained in its Second Chapter, but Article 21 states these provisions are not en- forceable by any court. ADPD has repeatedly called for these, and the other prin- ciples in Chapter II, to be en- forceable by the courts. "This would elevate our Constitu- tion, whereby this Chapter is not just considered mere dec- oration and fluff, but is in line with the model of constitution- al principles as applied in other countries," secretary-general Ralph Cassar said. "The logical step is simple. The principles in Chapter II of the Constitution should be- come enforceable in court by deleting or amending Article 21." Cassar took to task the Na- tionalist Party after yesterday calling for the right to the en- vironment to be considered a 'human right' in the Constitu- tion of Malta. "The fact is that both the protection of the en- vironment and protection from pollution are listed as princi- ples... We had already made submissions in this sense to the Constitutional Convention which, due to a lack of goodwill from either the government or the opposition, or both, is con- veniently for them in a state of limbo. We also reiterated the proposal in the 2022 electoral programme." ADPD chairperson Sandra Gauci said that constitutional principles which remain unen- forceable are to all intents and purposes just a dead letter. "In countries where constitutional principles are enforceable, civil society has made historic gains in courts, in areas such as the fight against climate change and air quality, for example. In the United Kingdom in 2015 the Supreme Court forced the Government to clean-up the air from nitrogen dioxide pollution from diesel vehicles which kills thousands of people a year. A Dutch Court, also in 2015, ordered the Government to reduce emissions affecting the climate by at least 25% in five years." Gauci said it was disgrace- ful that Malta's parliamentary parties had let really impor- tant principles be simply fluff in our Constitution. "It's high time that they stop tinkering with the Constitution. It is high time for them to get down to business and take the Consti- tutional reform seriously." Constitutional protection of environment must be enforceable in court, ADPD says Thousands of people took to the streets of Valletta to protest against environmental destruction and called for reforms in the planning system (Photo: James Bianchi/MaltaToday) Government-run homes introducing CCTV cameras in all common areas CONTINUED FROM PAGE 1 The development comes in the wake of a recent case at a Gozo church home, where two carers are being in- vestigated over claims they abused a resident with a disability. The incident at Dar Arka was flagged to the authorities by a third party, and police were roped in to investigate the claims. The two carers were sus- pended pending investigations. No charges have been filed so far. Speaking during an adjournment speech in parliament, Farrugia Portel- li said the register would create an- other level of protection for residents. "All homes for the disabled, wheth- er State-run or operated by NGOs or the private sector, will be obliged to check whether a prospective employ- ee is listed on this register," she said. "It makes no sense that a court finds someone guilty of abuse and this per- son is kicked out of their job and goes on to join another entity in the sec- tor." The minister also said govern- ment-run homes for the disabled have started introducing CCTV cam- eras in all common areas and the So- cial Care Standards Authority, which regulates the sector is also reviewing its policies in this regard. Farrugia Portelli said persons with a disability can be non-verbal and unable to explain that someone has abused them. "Others may be una- ware of the abuse they are being sub- jected to and this is why we have to send a strong message against these vile acts." The minister said the vast majority of carers were responsible persons, who worked with dedication. "Their job is not a walk in the park – they come in contact with cases and situations of challenging behaviour, which requires carers to be trained for these circumstances... I believe that the introduction of an offenders' register will close some of the gaps in the system and serve as a deterrent for those who earn a living from this sector," the minister said. ADPD says all Chapter II principles of the Constitution of Malta should be enforceable by the courts Inclusion Minister Julia Farrugia Portelli