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Federal Law Concerning Rights of Persons with Special Needs

The last update on this law was listed on 16 Dec 2009

Issued Date

13 Aug 2006

Effective Date

26 Aug 2006

Official Gazette Date

26 Aug 2006

Official Gazette No

453

Legislation State

Active

Disclaimer: Every effort has been made to produce an accurate and complete English version of this website/ legislation. However, for the purpose of their interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text will prevail

Part One: General Provisions

Article (1) Definitions

In this law, the following words and phrases shall have the meanings respectively assigned to them unless the context otherwise requires:
State: The United Arab Emirates
Ministry: The Ministry of Social Affairs
Minister: The Minister of Social Affairs
Competent authorities: Federal and local competent authorities with applying the provisions of this law.
The disable: Any person suffering from total or partial deficiency or disorder, permanently or temporarily, in his physical, sensation, mental, communicative, educational or psychological abilities to an extent reducing the possibility of meeting his normal requirements in conditions of his peers without special needs.
Card: A personal card granted by the ministry to the disable and considered an official document to ensure its holder the rights and services set forth in this law and the executive regulations and decisions thereof.
Discrimination: Any distinction, exclusion or restriction due to special needs that results in prejudicing, canceling, enjoying or exercising on an equal footing any of the rights prescribed under operative legislations in the state.

Article (2)

This law aims to secure the rights of the disables and provide all services within the limits of allowable abilities and capabilities. However, special needs may not form a reason for preventing the sufferer from securing such rights or services especially in the field of social, economic, health, educational, occupational, cultural and recreational care and services.

Article (3)

The state shall secure equality for the disable with his peers without special needs and non-discrimination due to special needs in all its legislations. The state shall also guarantee such equality and non-discrimination in all its policies and programs of economic and social development, and take appropriate measures to prevent discrimination on grounds of disability.
 

Article (4)

The ministry shall prepare, in coordination with the competent authorities, awareness programs for the disable, his family and local environment in respect of whatever concerns the rights stipulated in this law and other legislations and the services provided for him.

Article (5)

No provision, criterion or practice based on valid grounds shall be considered discrimination. The state shall guarantee all necessary measures to ensure that the disable enjoys his rights and freedoms and prevent any attack thereon and that he is arbitrarily deprived of them.

Article (6)

The state shall ensure legal assistance for the disable in all cases where his freedom is restricted for any legal reason. Any decision restricting such freedom shall require:
1. Showing the disable a humane treatment considering his condition and needs in such capacity.
2. Giving him any necessary information and details related to the reasons for restricting his freedom.
3. Offering him the appropriate assistance if he is unable to pay the judicial fees, expenses or fines in the manner determined by the decision of the Cabinet.

Article (7)

The state shall secure the exercise by the disable of his right of expression and express his opinion using Brail method, the sign language and other means of communication, and his right to request, receive and transmit information on an equal footing with others.

Article (8)

The law shall provide the disable with the protection necessary for his correspondence, medical reports and personal matters. The executive regulations hereof shall determine the controls and mechanisms of the said protection.

Article (9)

The ministry shall establish - in coordination with the competent authorities- care, training and qualification centers, institutions and institutes for the disables. Such centers, institutions and institutes shall assume the following functions:
   A. Qualifying disables for social adaptation and amalgamation.
   B. Providing education for disables.
   C. Providing vocational training programs for disables.
   D. Training the families of disables in dealing with such persons.

Part Two: Rights of persons with special needs

Article (10)

Every UAE national with a disability or disabilities shall have the right to health and rehabilitation and support services provided at the expense of the state, including:
  A. Surgical operations, whether resulting from special needs or not, including transplant, treatment of ulcers, limb refinement, treatment at specialist and other centers for intense or normal cases, including the provision of all equipment, instruments, aids and other necessities for successful operations, permanently or temporarily.
    B. Examinations and treatment by general practitioners, specialists, consultants, dentists, mental evaluation, audio-graphy, radiation, lab analyses and medicines.
   C. Rehabilitation and specialized treatment, internal and external, including physiotherapy, practical therapy, articulatory, audio and psychological therapy.
   D. Technological aids and auxiliary systems including mobile and immobile compensatory systems (limbs, hearing sets, artificial eyes, etc), rectifying shapes, movement aids (moving chairs, sticks, walking sticks, etc.), ulcers prevention and all tools used in surgical operations.

Article (11)

Formation by a Cabinet decision a committee called the "Specialized Committee for Health Services and Rehabilitation for the Disables", under the chairmanship of the Undersecretary of Health and membership of representatives of competent authorities. The Minister shall issue a regulation governing the work and meetings of the committee.
The committee shall, in particular:
1. Provide diagnostic, therapic, qualifying services and develop existing health programs and services to improve the wellbeing of the disables.
2. Design programs for early detection, diagnosis, awareness and health education, and provide early specialized intervention in the field of disabilities.
3. Provide, train and qualify human resources specialized in disabilities of all types.
4. Prepare national studies to identify the reasons for, consequences, methods of prevention of disabilities and generalize the same to the competent authorities of the state.
5. Submit periodical reports to the Minister in preparation for submission to the Cabinet to take whatever is deemed appropriate.

Article (12)

The state shall guarantee the disable equal educational opportunities at all institutions of education, vocational training, adult education and continuous education in regular or special classes if required, and provide a curriculum in sign language, Brail method or any other appropriate means.
Disabilities shall not in themselves constitute reasons for preventing their sufferers from applying for affiliation to, joining or admission to any educational institution of any type, public or private.

Article (13)

The Ministry of Education and the Ministry of Higher Education and Scientific Research shall take appropriate measures jointly with the competent authorities to provide educational diagnoses and academic curricula, means and technologies available for educational purposes, provide alternative methods to enhance communication with disables, develop alternative strategies for education, material environment and other necessary means for securing full participation of students with disabilities.

Article (14)

The Ministry of education and the Ministry of Higher Education and Scientific Research shall, in cooperation with the competent authorities, provide academic specializations to prepare workers for dealing with disables and their families in the fields of diagnosis, early diagnosis, educational, social, psychological, medical and professional qualification and guarantee the provision of training programs during service to provide workers with advanced expertise and knowledge.

Article (15)

Formation a Cabinet decision a committee called the "Specialist Committee for the Education of Disables" chaired by the Undersecretary of Education and membership of representatives of the competent authorities. The Minister of Education shall issue a regulation governing the work and meetings of the committee.
The committee shall, in particular:
1. Design executive programs to guarantee equal education opportunities for disables from early childhood at all educational institutions in their classes or specialized educational units.
2. Develop a methodological structure for educational programs and prepare educational plans consistent with the spirit of the age and technological advancement in line with developmental and psychological traits of disables.
3. Regulate all matters relating to the education of disables including programs, methods, conditions of joining regular classes and examinations.
4. Draw policies to qualify and train human resources in education to the benefit of disables.
5. Offer technical, technological and educational consultations and assistance to any educational institutions desiring to receive disables, examine the financial requirements in relation to equipment, technologies and qualification of the educational institution environment.
6. Submit periodical reports to the Minister to submit the same to the Cabinet to take whatever measure that are deemed appropriate.

Article (16)

UAE nationals with disabilities shall have the right to work and occupy public jobs. Disability shall not in themselves preclude those nationals from nomination or selection for work. In case of conducting competency tests for work, disabilities shall be considered for those subject to the provision of this law.

Article (17)

The Ministry may contract other entities to implement qualification projects for disables. The Minister shall determine the terms, conditions and controls necessary for this purpose.
 

Article (18)

Legislations of the state shall show the measures to be taken to secure the occupation by disables of jobs in government and private sectors, working hours, leaves and other provisions related to disables, including controls for service terminations and entitlement for rewards and retirement pensions.
The Cabinet shall, upon the Minister's proposal, determine job quota for persons with special needs in both of the government and private sectors.

Article (19)

Formation a Cabinet decision a committee called the "Specialized Committee for the Employment of Disables" chaired by of the Undersecretary and membership of representatives of the competent authorities. The Minister shall issue a regulation governing the work and meetings of the committee.
The committee shall, in particular:
1. Draw necessary policies for the employment of disables and the requirements for achieving the highest possible efficiency while guaranteeing work continuity for the longest period possible.
2. Encourage and support qualified disables to establish projects of economic feasibility and return, and provide information about available grants and loans and how they can be obtained.
3. Provide information about the labor market, job availability and future prospects.
4. Prepare studies about job in compliance with technological developments and labor market requirements.
5. Encourage the private sector to train, qualify and employ disables and provide it with proper support within available capabilities.
6. Propose necessary measures to protect disables from all forms of job exploitation.
7. Submit periodical reports to the Minister submit to the Cabinet to take the measures it deems appropriate.

Article (20)

The state shall take necessary measures to ensure the participation of disables in cultural, sports and recreational life by:
1. Develop the creative, artistic and intellectual abilities of disables and utilize the same to the benefit of social enrichment.
2. Provide literary and cultural materials of all available types for disables, including electronic texts, sign language, Brail method, audio forms, multimedia, etc.
3. Enable the disable to benefit from information programs and media, theatrical and artistic shows, all cultural activities, enhancing his participation therein and exempting him from the fees thereof.
4. Enhance participation of the disable in national, regional and international sports activities.
5. Submit periodical reports to the Minister submit to the Cabinet to take the measures it deems appropriate.

Article (21)

Formation a Cabinet decision a committee called the "Specialized Committee for the Sports, Culture and Recreation of Disables" chaired by Youth and Sports Authority Secretary General and membership of representatives of competent authorities. The Cabinet shall issue a regulation governing the work and meetings of the committee that shall, in particular:
1. Draw policies ensuring integrated development for disables and giving them a chance to engage in sports, cultural and recreational activities featuring fun, safety and suitability for their abilities, and create suitable conditions for practicing them in a manner that is basically similar to their peers without disabilities.
2. Broaden the base of practice of sports, cultural and recreational activities among disables, ensuring the involvement in mental, kinetic and sensual aspects of sports of persons with special needs in the educational programs of specialized institutions.
3. Design programs to prepare qualified human resources to work with disables, cultural and recreations areas.
4. Encourage the integration of disables with their peers without disabilities in sports and cultural centers and clubs, camps and provide suitable games and activities for them.
5. Submit periodical reports to the Minister submit to the Cabinet to take the measures it deems appropriate.

Article (22)

Any disable shall have the right to an adapted environment and access to the place accessible to others.

Article (23)

The competent authorities shall coordinate among themselves to set engineering standards and specifications for public facilities and utilities in relation to which a Cabinet decision shall be issued upon a proposal of the Minister. The decision shall set the necessary controls to enforce such standards and specifications and exemptions therefrom in conjunction with adapting facilities for the use of disables, his needs, safety requirements and protection from injury.
The provisions of this decision shall apply to the government and private sectors, unless exempted by a special provision.

Article (24)

The Cabinet shall issue regulations and conditions for the acquisition by the disabled of a government residence, and determine the residence specifications, the rules for its acquisition and other rules regulating government housing.

Article (25)

1. Roads, public vehicles, land, air and sea transports must meet the technical standards required for the use and requirement of the disabled.
2. The Cabinet shall determine by a decision the conditions required for the disable needs to obtain a driving licence and relevant controls. A new category shall be added to the driving license, within the traffic law, relating to disables and necessary information shall be noted thereon depending on the type of disability.

Article (26)

Every insurance company shall insure the vehicles of the disabled when it is required to do so.

Part Three: Exemptions

Article (27)

Vehicles reserved for the use of disables shall be exempted from all taxes and duties, based on a handicap certificate from the Ministry. Such exemption may not be granted for another vehicle except after the elapse of five years from the date of previous exemption or damage of the vehicle. If the vehicle is disposed of within such period, prescribed taxes and duties shall be levied.

Article (28)

Vehicles reserved for disables shall be exempted from parking fees.

Article (29)

Transportation means of societies and centers concerned with persons of special needs as determined by the Cabinet shall be exempted from licensing fees.

Article (30)

The Cabinet shall determine the societies and centers concerned with persons of special needs that shall be exempted from fees relating to building permit applications for erecting building for the use of such persons pursuant to a relevant certificate from the Minister.

Article (31)

Lawsuits filed by disables in the context of enforcing this law shall be exempted from judicial fees.

Article (32)

Exemptions shall be effected on postal fees and charges to all correspondence relevant to disables, societies or centers relevant to persons with special needs as determined by the cabinet, including books, newspapers, magazines, etc.

Part Four: Penalties

Article (33)

Without prejudice to any severer penalty in any other law, a fine of not less than AED 1000 and not exceeding 5000 shall be levied from any person illegally using the card of a disables without prejudice to civil liability when necessary. The penalty shall be doubled in case of repeated violation.

Part Five: Final Provisions

Article (34)

The Ministry shall approve stickers for disables and generalize them to all entities supervising their utilities or issuing booklets and publications and prepare programs about such stickers.

Article (35)

No disabled shall be required to produce any proof of his disability except the card issued by the Ministry. Conditions for obtaining such card shall be determined by a decision of the Minister.

Article (36)

The Ministry shall license non-governmental institutions concerned with caring for, educating, training and qualifying disables. No natural or artificial person may establish or set up any of the said institutions without a relevant license from the Ministry.
A Cabinet decision shall determine the conditions, controls and fees for licensing such institutions, their obligations and penalties they may receive in case of a violation, and other provisions governing their work.

Article (37)

The Minister shall issue the regulations and decisions necessary for enforcing the provisions of this law.

Article (38)

Any provision contrary to or inconsistent with the provisions of this law shall be revoked.

Article (39)

This law shall be published in the Official Gazette and shall go into effect from the date of publication.
 

Translated in cooperation with