Law No. (2)
of 2014
Concerning
Protection of the Rights of
Persons
with Disabilities in the Emirate of Dubai[1]
ـــــــــــــــــــــــــــــــــــــــــــــــ
We, Mohammed bin
Rashid Al Maktoum, Ruler of Dubai,
After perusal of:
Federal Law No. (29) of 2006 Concerning the Rights of Persons with
Disabilities and its amendments;
Federal Decree No. (116) of 2009 Ratifying the Comprehensive and
Integral International Convention on Protection and Promotion of the Rights and
Dignity of Persons with Disabilities;
Cabinet Resolution No. (7) of 2010 Concerning Non-Governmental Organisations
Providing Care and Habilitation to Persons with Disabilities;
Law No. (3) of 2003 Establishing the Executive Council of the
Emirate of Dubai;
Law No. (12) of 2008 Establishing the Community Development
Authority in Dubai and its amendments; and
Law No. (32) of 2008 Establishing the Government of Dubai Legal
Affairs Department,
Do hereby
issue this Law.
This Law
will be cited as “Law No. (2) of 2014 Concerning Protection of the Rights of
Persons with Disabilities in the Emirate of Dubai”.
The following words
and expressions, wherever mentioned in this Law, will have the meaning
indicated opposite each of them unless the context implies otherwise:
|
Emirate: |
The Emirate of Dubai. |
|
Executive Council: |
The Executive Council of the Emirate. |
|
CDA: |
The Community Development Authority in Dubai. |
|
Director General: |
The director general of the CDA. |
|
Committee: |
The Higher
Committee for Protection of the Rights of Persons with Disabilities in the
Emirate of Dubai. |
|
Person with Disability: |
A person
suffering from a long-term physical, mental, or sensory deficiency or
impairment that may hinder his full and effective participation in the
society on an equal footing with others. |
|
Protection Specialist: |
An employee of
the CDA assigned, as part of his job duties, to follow up the affairs of
Persons with Disabilities. |
|
Protection of a Person with Disability: |
Taking the measures and procedures required for the
protection of Persons with Disabilities from all forms of Discrimination, Abuse,
Neglect, or Exploitation. |
|
Discrimination: |
Any
distinction, exclusion, or restriction on the basis of disability which has
the effect of impairing or nullifying the recognition, enjoyment, or
exercise, on an equal footing with non-disabled persons, of any rights under
the legislation in force. |
|
Abuse: |
The infliction of any physical or psychological harm
to a Person with Disability through a physical, verbal, sexual, or any other
act of violence. |
|
Neglect: |
Intentional failure or refusal to provide basic care
and protection for a Person with Disability in a manner that may result in
physical or psychological harm. Basic care includes, but is not limited to,
providing shelter, food, water, clothing, personal hygiene care, or medical
care to a Person with Disability. |
|
Exploitation: |
Taking unlawful financial, physical, or emotional
advantage of a Person with Disability, or otherwise the use or conversion of
his property without his consent. |
|
Care-giver of a Person with Disability: |
A person legally responsible for or entrusted to
provide care to a Person with Disability. |
|
Social Integration of a Person with Disability: |
A set of plans, policies, measures, programmes, and
procedures that aim to achieve full participation by Persons with
Disabilities in various life activities in the society without any form of Discrimination.
|
|
Accessible Environments: |
Making public facilities, services, products, and information
accessible to most people, including Persons with Disabilities. |
|
Habilitation: |
Developing the abilities of a Person with Disability through providing
direct medical treatment, physiotherapy, prosthetic and assistive devices,
vocational education and training, and social and psychiatric habilitation. |
|
Rehabilitation: |
Preparing a person to regain his strength and abilities
to readapt to society after sustaining a disability. |
This Law aims to
achieve the following objectives:
1.
providing
Accessible Environments to ensure that Persons with Disabilities enjoy all their
rights under the legislation in force;
2.
fostering respect
for the dignity of Persons with Disabilities;
3.
protecting
Persons with Disabilities from all forms of Discrimination, Abuse, Neglect, and
Exploitation; and
4.
integrating
Persons with Disabilities into society as effective members.
a. In addition to the rights under the legislation in force in the Emirate,
concerned entities will, each within its own jurisdiction, provide Persons with
Disabilities with the means to enjoy the following rights and services:
1.
healthcare and treatment services;
2. Habilitation and Rehabilitation;
3. education at all levels;
4. access to places of worship and to public
places;
5. using roads and means of public
transport;
6. public services including police and
judicial services;
7. job opportunities; and
8. any other rights or services under the
implementing bylaw of this Law.
b. The implementing bylaw of this Law will
set the standards, measures, and procedures to ensure that Persons with
Disabilities can enjoy the rights and avail of the services provided for in paragraph
(a) of this Article.
For the purpose of achieving the objectives of
this Law, the CDA will have the duties and powers to:
1.
implement, in
coordination with the concerned entities, the policies, plans, and initiatives
related to protecting the rights of Persons with Disabilities and ensuring
their enjoyment of the rights granted to them under the legislation in force;
2.
ensure the
establishment of specialised centres for the care, Habilitation, and
Rehabilitation of Persons with Disabilities;
3.
supervise the
specialised centres for the care, Habilitation, and Rehabilitation of Persons
with Disabilities;
4.
ensure the
availability of shelter services for Persons with Disabilities who are
homeless, at risk, or not provided with basic care by their families, and
provide necessary aid to them in coordination with the concerned entities;
5.
receive
complaints and reports regarding violations committed against Persons with
Disabilities, and take the necessary action in respect of these violations;
6.
consolidate the
efforts aimed at improving the living standards and conditions of Persons with
Disabilities and facilitate their social integration;
7.
conduct research,
surveys, and census studies related to the conditions of Persons with
Disabilities in the Emirate;
8.
coordinate with
the concerned entities in the Emirate to develop and improve the vocational
skills suitable to the abilities of Persons with Disabilities to enable those
who are competent to engage in appropriate jobs that will secure for them a reasonable
financial income and turn them into productive members of society;
9.
raise awareness in
society of the rights of Persons with Disabilities under this Law and the
legislation in force, and organise the awareness and education activities and
campaigns required for this purpose;
10.
provide family
and psychological counselling to families of Persons with Disabilities, and train
them to communicate and deal with Persons with Disabilities; and
11.
perform any other
duties required for the
achievement of the objectives of this Law.
A permanent committee named the “Higher
Committee for Protection of the Rights of Persons with Disabilities" will be formed pursuant
to a resolution issued by the Chairman of the Executive Council to ensure
integration and coordination of work among the entities responsible for the
affairs of Persons with Disabilities. Members of the committee will be
representatives from the Government entities responsible for the implementation
of the provisions of this Law. The resolution will determine the functions of
the Committee, the duties of its chairman, the procedure for convening its meetings
and voting on its resolutions, and other related matters.
The following
acts are hereby prohibited:
1.
using any words, expressions,
or descriptions, or engaging in acts intended to demean a Person with
Disability or his abilities, or degrade him in any way;
2.
exploiting a
Person with Disability or abusing him in any way;
3.
committing any
form of Discrimination against a Person with Disability, including an act or
omission intended to deny a Person with Disability enjoyment of the rights and
services under this Law and the legislation in force; and
4.
neglecting to
provide basic care or necessary protection for a Person with Disability by his
Care-giver.
a. The Care-giver of a Person with
Disability must report to the CDA or the competent authorities, any
act of Exploitation, Abuse, or Discrimination against the Person with
Disability.
b. Where the act of Exploitation, Abuse, Neglect, or Discrimination against
a Person with Disability is reported by any person other than his Care-giver, the identity
of that person may not be disclosed without first obtaining his written
consent.
c. The CDA will establish a system dedicated to Persons with
Disabilities to enable them to report the violations committed against them. The implementing bylaw of this Law will determine the components of this
system and the procedures for reporting such violations.
The Director General will issue a resolution
nominating Protection Specialists from among the CDA employees responsible for following
up the affairs of Persons with Disabilities. This resolution will determine the
duties and functions of such employees.
a. If it is proven
to the Protection Specialist that a Person with Disability is
at risk, he may take either of the following actions:
1. keep the Person with Disability with his
Care-giver provided that the Care-giver gives a written
undertaking to take the necessary measures to eliminate the risk to the Person
with Disability, and to allow the Protection Specialist visits to verify compliance;
or
2. make recommendations to the CDA to
commit the Person with Disability to a centre specialised in providing care and Habilitation for Persons with
Disabilities in accordance with the conditions and rules under the implementing
bylaw of this Law.
b. Subject to the provisions and rules under the legislation in force
regarding forcible entry into private houses, in the event of infliction of serious harm or the existence
of an imminent danger to
a Person with Disability, the Protection Specialist may seek the assistance of
competent authorities to remove such person from his domicile, even by force where
required, and commit him to a centre specialised in providing care and Habilitation
to Persons with Disabilities.
The CDA will maintain a special register of the
data of Persons with Disabilities in the Emirate to follow up their affairs and
verify their enjoyment of the rights and services provided for in this Law and
the legislation in force. All concerned entities in the Emirate must provide
the CDA with data of Persons with Disabilities in accordance with the implementing
bylaw of this Law.
a. The CDA will issue special cards to the persons who are registered on
the register of Persons with Disabilities in the Emirate so that they may be
identified and assisted to avail of the services, facilities, and privileges to
which they are entitled under the legislation in force.
b. The implementing
bylaw of this Law will determine the form of the identification card of Persons
with Disabilities and the conditions and procedures for its issuance.
The implementing bylaw of this Law will determine
the privileges and facilities granted to Persons with Disabilities.
a. Without
prejudice to any stricter penalty under any other legislation:
1.
a person who violates paragraph (1) of
Article (7) of this Law will be punished by a fine of not less than one thousand
Dirhams (AED 1,000.00) and not more than five thousand Dirhams (AED 5,000.00);
2. a person who violates paragraphs (2) and (3) of Article (7) of
this Law will be punished by a fine of not less than five thousand Dirhams (AED 5,000.00)
and not more than ten thousand Dirhams (AED 10,000.00); and
3. a person who violates paragraph (4) of Article (7) or paragraph
(a) of Article (8) of this Law will be punished by a fine of not less than two
thousand Dirhams (AED 2,000.00) and no more than ten thousand Dirhams (AED 10,000.00). Where harm
is done to the Person with Disability, the fine must not be less than ten
thousand Dirhams (AED 10,000.00) and not more than fifty thousand Dirhams (AED 50,000.00).
b. Upon repetition of the same violation
referred to in paragraph (a) of this Article within one (1) year from the date
of the previous violation, the amount of the fine will be doubled, provided
that the fine does not exceed one hundred thousand Dirhams (AED 100,000.00).
Protection Specialists nominated by a
resolution of the Director General, issued in coordination with the Director
General of the Government of Dubai Legal Affairs Department, will have the
capacity of law enforcement officers to record the acts committed in breach of
the provisions of this Law, its implementing bylaw, or its
implementing resolutions. In this capacity, they may issue the violation
reports required in this regard and seek the assistance of police personnel
where necessary.
Any affected party may submit a written
grievance to the Director General against any decision or measure taken against
him under this Law, its implementing bylaw, or the resolutions issued in
pursuance hereof, within thirty (30) days of being notified of the contested decision
or measure. The grievance will be determined no later than thirty (30) days by
a committee formed by the Director General for this purpose, and the decision
issued in respect of the grievance will be final.
a. The Chairman of the Executive Council will issue the implementing
bylaw of this Law.
b. The Director General will issue the resolutions required for the
implementation of this Law and its implementing bylaw.
This Law comes into force on the day on which
it is issued, and will be published in the Official Gazette.
Mohammed bin
Rashid Al Maktoum
Ruler of Dubai
Issued in Dubai on 4 February 2014
Corresponding to 4 Rabi al-Thani 1435
A.H.
©2015 The Supreme Legislation
Committee in the Emirate of Dubai
[1]Every effort has been made to produce
an accurate and complete English version of this legislation. However, for the
purpose of its interpretation and application, reference must be made to the
original Arabic text. In case of conflict the Arabic text will prevail.