Federal Law No. 29 of 2006
Corresponding to 19 Rajab 1427
H.
Concerning
The Rights Of
Handicapped
Federal
law no 14/2009 dated 16/12/2009
We,
Khalifa Bin Zayed Al Nahyan, President of the United Arab Emirates State,
Pursuant
to the perusal of the Constitution; and
Federal
Law no. 1 of 1972 concerning the Jurisdiction of the Ministries and the Powers
of the Ministers and the amending laws thereof; and
Federal
Law no. 11 of 1972 concerning Compulsory Education; and
Federal
Law no. 12 of 1972 concerning the Organization of Clubs and Associations
Operating in the Field of Youth Welfare; and
Federal
Law no. 4 of 1976 Establishing and Regulating the United Arab Emirates
University and the amending laws thereof; and
Federal
Law no. 9 of 1976 on the Delinquent and Homeless Juveniles; and
Federal
Law no. 8 of 1980 Regulating Work Relations and the amending laws thereof;
and
The
Criminal Code issued by Federal Law no. 3 of 1987 and the amending laws thereof;
and
The
Criminal Procedures Law issued by Federal Law no. 35 of 1992 and the amending
laws thereof; and
The
Law on Salaries and Social Assurances issued by Federal Law no. 7 of 1999 and
the amending laws thereof; and
Federal
Law no. 21 of 1995 on Circulation and Traffic; and
Federal
Law no. 25 of 1999 on the General Authority of Youth and Sports; and
Acting
upon the proposal of the Minister of Social Affairs, the approval of the Cabinet
and the ratification of the Federal Supreme Council,
Have
promulgated the following Law:
In the
implementation of the provisions hereof, the following terms and phrases shall
have the meanings assigned for each of them unless the context requires
otherwise:
State :
The United Arab Emirates State.
Ministry:
The Ministry of Social Affairs.
Minister
: The Minister of Social Affairs.
Competent
Parties : Federal and local parties concerned with the implementation of the
provisions hereof.
Handicapped
:
Any person affected by incapacity or temporary or permanent total or partial
dysfunction in one’s physical, sensory, mental, interactive, educational
or psychological capacities to such an extent that it decreases one’s
capacity to fulfill one’s regular requirements as one’s peers
without
handicap
.
ID card
: The personal ID card granted by the Ministry to the
handicapped
.
It shall be deemed an official document stating that the carrier is with
handicap
and guaranteeing the provision to the holder the rights and services set forth
herein.
Discrimination
: Any differentiation, alienation or restriction due to the
handicap
causing damages or refusal to admit, enjoy or practice on an equal basis any of
the rights set forth by means of the legislations in force in the State.
The
present Law aims at guaranteeing the rights of
handicapped
and providing them with all services required based on the limits of their
abilities and capacities. Their
handicap
may not hinder the
handicapped
from receiving such rights and services, namely in the field of social,
economic, health, educational, vocational, cultural and promotional welfare and
services.
The State
shall guarantee equal-footing treatment between the
handicapped
and their peers without
handicap
and non-discrimination caused by the
handicap
in all legislations. It shall also guarantee the adherence thereto in all
policies and programs of economic and social development, and the adoption of
adequate measures to prevent discrimination on grounds of
handicap
.
The
Ministry, in coordination with the competent authorities, shall prepare programs
for the awareness of the
handicapped
,
their families and local environment regarding all matters related to the rights
set forth herein as well as the other legislations and services granted
thereto.
It shall
not be deemed a discrimination any judgment, standard or practice applied on
legitimate grounds, and the State shall guarantee the undertaking of all
necessary measures to ensure that
handicapped
enjoy their rights and freedoms, and that any aggression thereagainst or
arbitrary deprivation thereof is prohibited.
The State
shall ensure legal assistance to the
handicapped
in all cases restraining their freedom for any legal grounds. The following
shall be undertaken upon the issuance of whatever restrains the freedom of
handicapped
:
1–
Their treatment in a humane manner, taking into account their condition and
needs since they are
handicapped
.
2–
Their provision with necessary information and data related to the grounds
behind the restraint of their freedom.
3–
The provision of adequate assistance should they be unable to pay the legal
fees, expenses or fines, and such by virtue of a Cabinet decision.
The State
shall ensure to the
handicapped
their exercise of their right of speech and opinion through the use of Braille,
sign language and other means of communication, as well as their right to
request, receive and transfer information on equal footing with the
others.
The Law
shall ensure the necessary protection of the correspondences, medical records
and personal affairs of the
handicapped
.
The regulation hereto shall determine the restrictions and said protection
mechanisms.
The
Ministry, in cooperation with the competent authorities, shall establish
centers, institutions and institutes for the care, training and rehabilitation
of the
handicapped
.
Such centers, institutions and institutes shall undertake the following
tasks:
a–
The rehabilitation of
handicapped
for their adaptation and integration in the society.
b–
The provision of special education for
handicapped
.
c–
The provision of professional training programs for
handicapped
.
d–
The training of the families of
handicapped
on the methods to deal with them.
The
Rights Of
Handicapped
Health
And Rehabilitation Services
Every
handicapped
shall be entitled to benefit from health, rehabilitation and support services on
the expense of the State, among which:
a–
All types of surgeries, resulting or not from the
handicap
:
transplant, treatment of ulcerations, limbs correction, hospitalization in
specialized and other centers for intensive or regular treatment. Such shall
include the provision of all equipment, tools, aids and other necessary means
for the success of the surgery, whether such surgery is permanent or
provisional.
b–
The provision of examination and treatment by: general practitioners,
specialized doctors, consultants, dentists, psychologists, audiometry, x-rays,
laboratory tests and prescriptions.
c–
Rehabilitation and specialized treatment: in and out treatment, including:
natural therapy, work therapy, orthophony, hearing and psychological
treatment.
d –
Technical aids and equipments as mobile and fixed compensatory devices (limbs,
earpieces, prosthetic eyes and others), orthopedic shapes, moving aids
(wheelchairs, canes, walkers, crutches), protection against ulcerations and all
tools used in surgeries.
By virtue
of a Cabinet decision, a committee called “Specialized Committee for
Health and Rehabilitation Services for
handicapped
”
shall be established, presided by the Undersecretary of Health, and shall
comprise as members representatives of competent parties. The Minister of Health
shall issue the work regulation and meetings of the Committee.
The
Committee shall exercise in particular the following:
1–
Provide diagnostic, therapy and rehabilitation services, and develop health
programs and services for the advancement of
handicapped
.
2–
Set early diagnostic, awareness, health education programs, and provide early
and specialized intervention means in the field of
handicap
.
3–
Provide, train and rehabilitate health human cadres specialized in the field of
all types of
handicap
.
4–
Prepare national studies to identify the reasons, decline of and means of
prevention from
handicap
,
and circulate such studies among competent parties in the State.
File
periodical reports to the Minister in preparation for submission to the Cabinet
to take the adequate measures.
The State
shall ensure to
handicapped
equal opportunities of education within all educational, professional
rehabilitation, adult and continuous education institutions and such in regular
or special classes if necessary. It shall also provide the academic curriculum
in sign language, Braille and any other methods as need may be.
Handicap
do not constitute a hindrance to the application for enrollment or entry into
any educational institution of any kind, whether governmental or private.
The
Ministry of Education and the Ministry of Higher Education and Scientific
Research shall commit to taking the adequate measures in cooperation with the
competent parties in order to provide educational diagnostic, academic
curriculums as well as the means and techniques facilitating the educational
objectives. It shall also endeavor to provide substitute enhanced means to
communicate with the
handicapped
,
and set substitute strategies, simplified physical environment and other
necessary means to guarantee total participation of students with
handicap
.
The
Ministry of Education and the Ministry of Higher Education and Scientific
Research, in cooperation with the competent parties, shall provide academic
specialties to habilitate the workers with
handicapped
and their families, whether in the fields of diagnostic, early discovery, and
educational, social, psychological, medical or professional rehabilitation, and
guarantee the provision of training programs during the service to provide the
workers with expertise and modern know-hows.
By virtue
of a Cabinet decision, a committee called “Specialized Committee for
Educating
handicapped
”
shall be established presided by the Undersecretary of Education, and shall
comprise as members representatives of competent parties. The Minister of
Education shall issue the work regulation and meetings of the Committee.
The
Committee shall exercise in particular the following:
1–
Set executive programs to guarantee equal opportunity of education to all
handicapped
since early childhood within all educational institutions, whether in regular
classes or in specialized educational units.
2–
Develop the methodic structure of the educational programs, and set educational
plans to keep abreast with the era and technical evolution, and to meet the
developmental and psychological characteristics of the
handicapped
.
3–
Organize all matters related to the education of the
handicapped
,
namely the programs, procedures, methods and conditions of enrolment in regular
classes and sitting exams.
4–
Set policies of rehabilitation and training of human educational cadres
operating in the field of
handicap
.
5–
Provide advice and technical, technological and educational assistance to all
educational institutions desirous of receiving persons with special needs, and
study the funding application related to the equipments, techniques and
rehabilitation of the educational institution environment.
6–
File periodical reports to the Minister in preparation for submission to the
Cabinet to take the adequate measures.
Handicapped
shall be entitled to work and occupy public positions, and
handicap
shall not constitute a hindrance to the candidature and selection for a job.
Upon the examinations related to the competency for a job,
handicap
of the persons subject to the provisions hereof shall be taken into
account.
The
Ministry may sign contract with other parties to carry out projects for the
rehabilitation of
handicapped
,
and the Minister shall determine the necessary conditions, provisions and
restrictions thereof.
Legislations
issued in the State shall underline the procedures to be taken in order to
ensure the occupancy by the
handicapped
of positions in governmental and private sector, the working hours, vacations
and other provisions related to the
handicapped
including necessary restriction of termination of service, bonus maturity and
pension.
The
Cabinet, acting upon the proposal of the Minister, shall determine the ratio of
jobs allocated to the
handicapped
in the governmental and private sectors.
By virtue
of a Cabinet decision, a committee called “Specialized Committee for Labor
of
handicapped
”
shall be established, presided by the Undersecretary, and shall comprise as
members representatives of competent parties. The Minister shall issue the work
regulation and meetings of the Committee.
The
Committee shall exercise in particular the following:
1–
Set the necessary policies for the labor of the
handicapped
and the requirements to achieve the largest capacity possible while ensuring the
continuity of work for the longest period.
2–
Encourage and support
handicapped
qualified to establish business projects and economic return, and provide
information regarding available grants and loans and the ways to obtain
them.
3–
Provide information regarding the work market, available jobs and future
horizons.
4–
Prepare studies regarding professions and positions in line with the technical
developments and requirements of the job market.
5–
Encourage and orient the special sector in order to train, rehabilitate and
employ
handicapped
,
and provide adequate support within the limits of available capacities.
6–
Suggest necessary measure to protect
handicapped
against occupational exploitation.
7–
File periodical reports to the Minister in preparation for submission to the
Cabinet to take the adequate measures.
Public,
Cultural And Sportive Life
The State
shall take necessary measures to achieve the participation of the
handicapped
in cultural, sportive and entertainment life, and such as follows:
1–
The development and investment of the creative, artistic and mental capacities
of the
handicapped
in view of enriching the society.
2–
The provision of literary and cultural materials to the
handicapped
in all simplified types, including electronic texts, sign language and Braille,
in audio, multimedia and other types.
3–
The enablement of the
handicapped
to benefit from programs, media, theatrical and artistic shows and all cultural
activities, the enhancement of its participation in such events, and the rules
of exemption from related fees.
4–
The enhancement of the participation of the
handicapped
in national, regional and international sportive activities.
5–
File periodical reports to the Minister in preparation for submission to the
Cabinet to take the adequate measures.
By virtue
of a Cabinet decision, a committee called “Specialized Committee for
Sports, Culture and Recreation of
handicapped
”
shall be established, presided by the Secretary of the General Authority of
Youth and Sports, and shall comprise as members representatives of competent
parties. The Minister shall issue the work regulation and meetings of the
Committee.
The
Committee shall exercise in particular the following:
1–
Set the policies ensuring the comprehensive growth of the
handicapped
and provide opportunities for the exercise of sportive, cultural and
recreational activities characterized by fun and safety and adequacy with their
capacities, and set the conditions for their practice as their peers without
handicap
.
2–
Enlarge the base of the exercise of sportive, culture and recreational
activities among
handicapped
,
and ensure the inclusion of sports of
handicap
in its two parts: sports for mentally challenged persons and sports for
physically challenged persons in the heart of educational programs adopted in
specialized institutions.
3–
Set programs to prepare qualified human cadres to work with
handicapped
in the sportive, cultural and recreational fields.
4–
Encourage the merge of the
handicapped
with their peers without
handicap
in sportive and cultural centers, clubs and camps and provide adequate games and
activities.
5–
File periodical reports to the Minister in preparation for submission to the
Cabinet to take the adequate measures.
Every
person with special need shall be entitled to a suitable environment, and the
ability to reach wherever other can reach.
The
competent parties shall coordinate to determine the architectural standards and
specifications related to establishments and public facilities, issued by a
Cabinet decision upon the proposal of the Minister. Such decision shall
determine the necessary restrictions for the implementation of such standards,
specifications and exceptions thereto on all that is related to the
rehabilitation of the establishment for the use, needs, safety requirements of
and prevention of harm to the
handicapped
.
The
provisions of this Decision shall apply to the Government and private sectors
unless excepted by special stipulations.
The
Cabinet shall issue the regulation and condition of the obtainment by the
handicap
of a governmental residence, determining the specifications of such residence,
the rules governing the ownership thereof, and other rules regulating the
governmental residence affairs.
1–
Roads, public vehicles, and land, air and sea transportation means must meet the
necessary technical specifications for the use and needs of the
handicapped
.
2–
A Cabinet decision shall determine the required conditions for the obtainment by
the
handicapped
of a driver’s license, and the restrictions related thereto. It shall be
added to the driver’s licenses mentioned by the Circulation and Traffic
Law a new category for the
handicapped
,
and mentioning necessary data thereon depending on the type of
handicap
.
All
insurance companies shall commit to ensure vehicles of
handicapped
whenever required.
Shall be
exempt from all taxes and fees the vehicles destined for
handicapped
,
and such based upon an impairment certificate issued by the Ministry. Such
exemption shall not be granted to another vehicle unless after the passing of
five years from the date of the previous exemption or the destruction of the
car. Should the car be disposed of during said period, assessed taxes and fees
must be paid.
Shall be
exempt from assessed parking fees the vehicles destined for
handicapped
.
Shall be
exempt from license fees transportation means of associations and centers for
handicapped
determined by the Cabinet.
The
Cabinet shall determine the associations and centers for
handicapped
to be exempted from fees levied on building permits applications submitted for
the erection of buildings destined to be used for
handicapped
,
and such by virtue of a certificate issued by the Ministry in this regard.
Shall be
exempt from judicial fees the legal proceedings filed by the
handicapped
within the frame of the execution of the provisions thereof.
Shall be
exempt from the postal fees and charges all special correspondences of the
handicapped
,
associations or centers of
handicapped
determined by the Cabinet, whether such correspondences include books,
newspapers, magazines or others.
Without
prejudice to any more severe penalty stipulated in any other law, whoever uses
the card of
handicapped
without legal cause shall be sentenced to a fine amounting to one thousand
Dirhams at least and five thousand Dirhams at most, and such without prejudice
to the civil liability whenever required.
The
sanction shall be doubled in case of repetition.
The
Ministry shall approve the logos pertaining to
handicapped
and circulate them to the parties overseeing the facilities or to the entities
publishing brochures and printings and preparing programs that include such
logos.
Handicapped
shall not be requested to present proof of their special needs other than the
card issued by the Ministry in this regard. The Minister shall determine by a
decision the conditions to obtain such card.
The
Ministry shall give permits to non-governmental organizations concerned with the
care, education, training and rehabilitation of
handicapped
,
and no physical or moral personality may establish any such organizations unless
subsequent to the obtainment of permits thereof from the Ministry.
By virtue
of a Cabinet decision, the conditions, restrictions and permit fees of such
organizations, the liabilities thereof and sanctions imposed thereof upon
infringement and other provisions regulating their activities shall be
determined.
The
Minister shall issue the necessary regulations and decisions for the
implementation of the provisions hereof.
Every
provision conflicting or contradicting with the provisions hereof shall be
cancelled.
This Law
shall be published in the Official Gazette, and shall come into force as of the
date of its publication.
Promulgated by
Us at the Presidential
Palace in Abu Dhabi
On 19 Rajab 1427
H.
Corresponding to 13/8/2006
Khalifa Bin
Zayed Al Nahyan
President of the
United Arab Emirates State
This Federal Law has been published in the
Official Gazette, issue no. 453, p. 52.