Does the law adequately cater for and protect adults with intellectual impairments? : a study on two aspects : (i) the right to vote and fundamental human rights, (ii) protection from criminal attacks

Abstract

It is well known that people with an intellectual disability constantly face challenges in everyday life. This term paper focuses on two legal aspects that could prove to be obstacles for intellectually impaired persons – The Right to Vote; and Protection from Criminal Aggressions. The paper analyses what Maltese legislation states as compared to foreign legislation in each legal aspect. Regarding the Right to Vote the paper discovers that whilst certain foreign jurisdictions have no limits as to who may or may not vote, others utilise the system of the court to declare a person with an intellectual disability as being unfit to cast a vote. In Malta’s case the paper suggests that all impediments based on mental capacity should be abolished, instead the current system may be used and possibly enhanced with the introduction of the trusted friend and, or the use of voting assistants who would try to see whether the voter would be in a position to communicate a voting preference. In regard to the protection from Criminal attacks the paper suggests better protection and help for persons with ID during the tendering of evidence and also blanket provision that increases the punishment when any crime is committed to the detriment of persons with ID – and this irrespective of the accused’s knowledge of the victim’s state. The risk should be transferred to the perpetrator and not left on the victim.