A/HRC/12/7
Page 5
14.
The efficiency and fairness of the judicial process is assisted by the Commission for the
Administration of Justice, an independent Constitutional Commission presided by the President
and including judicial representatives, the Government, Opposition and the Attorney General.
Judicial representatives form half of the Commission.
15.
The separation of powers in Malta is not sharp but is more of the nature of checks and
balances. Notwithstanding that the Judiciary is appointed by the President, acting in accordance
with the advice of the Prime Minister, the independence of judges and magistrates from the
Executive is strongly safeguarded by the Commission for the Administration of Justice and by
constitutional provisions concerning security of tenure of judges and magistrates.
16.
The appointment of the Ombudsman is made by the President in accordance with a
resolution of not less than two-thirds of the House of Representatives. The Ombudsman can
investigate complaints about any decision or action, or lack of action by public authorities in the
exercise of administrative functions. He can commence investigations on his own initiative if
substantial public interest is involved.
17.
Regarding the treatment of prisoners, the delegation said a move towards the concept of a
correctional facility as a place of reform and therapy rather than of punishment led to the
modernization, extension of facilities and renaming of the Malta Prisons into the Corradino
Correctional Facility.
18.
Malta’s healthcare system was based on the principle of equality and solidarity with
universal coverage. Life expectancy at birth has continued to improve and has reached the 81.4
years for females and 77.2 years for males. Statistics show that 84 per cent of the Maltese
population is satisfied with the quality of medical care offered.
19.
The delegation stressed that medical services and facilities offered by health authorities
in Malta are equally accessible to irregular immigrants, refugees and people with humanitarian
protection temporarily living in Malta, citing specific figures in this regard.
20.
Maltese Society has recognized that inclusion is of benefit to all. Adequate, sustainable
and equitable social security provisions effectively contribute towards the social protection and
inclusion of persons at risk of poverty and social exclusion, and Malta would continue to
enhance these. The concept of a Social Model of Disability would bring about changes in society
to ensure equality of opportunities for persons with disablities to enjoy the best quality of life
possible.
21.
On employment, Malta believed that information and education on the minimum
conditions of employment would lead to greater awareness among vulnerable groups,
particularly young persons, students, apprentices and immigrants. As regards housing, the
concept of sustainable neighbourhoods was being studied. Within the education sector, students
are provided with individual educational needs, including the multi-disciplinary assessment of
their condition. In-service training is provided to teachers and teaching assistants. Education in
Malta is free, even at tertiary level, where there is also a maintenance grant to students.
22.
The delegation stated that the major challenge faced by the Maltese islands was the
endless influx of irregular immigrants. The number of irregular immigrants arriving by boat in
Malta between 1998 and 2008 tallied to over 12,000. Between January and mid-April 2009, 758
irregular immigrants had already landed in Malta. This phenomenon has stretched the financial
and human resources of the island to maximum capacity and it is untenable for a small country
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