Executive Council Resolution No. (1) of 2022
Issuing the Implementing Bylaw of Law No. (3)
of 2022
Concerning the Rights of Persons with Disabilities in the Emirate of Dubai[1]
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We, Hamdan bin Mohammed bin Rashid Al Maktoum,
Crown Prince of Dubai, Chairman of the Executive Council,
After perusal
of:
Federal Law No. (29) of 2006 Concerning the Rights of Persons with
Disabilities and its amendments;
Federal Law No. (3) of 2016 Concerning the Rights of Children (“Wadeema’s Law”) and its Implementing
Bylaw;
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. (3) of 2018 Concerning the National Standard
Classification of Disabilities of People of Determination in the United Arab
Emirates;
Cabinet Resolution No. (43) of 2018 Concerning Support of the
Employment of Persons with Disabilities (People of Determination);
Cabinet Resolution No. (54) of 2020 Concerning Non-Governmental
Organisations Providing Habilitation Services to Persons with Disabilities
(People of Determination);
Law No. (3) of 2003 Establishing the Executive Council of the
Emirate of Dubai;
Law No. (17) of 2005 Establishing the Roads and Transport Authority
and its amendments;
Law No. (4) of 2011 Establishing the Mohammed bin Rashid Housing
Establishment;
Law No. (11) of 2013 Concerning Health Insurance in the Emirate of
Dubai;
Law No. (8) of 2015 Concerning the Community Development Authority
in Dubai;
Law No. (28) of 2015 Establishing the Dubai Statistics Centre;
Law No. (1) of 2016 Concerning the Financial Regulations of the
Government of Dubai and its Implementing Bylaw;
Law No. (6) of 2018 Concerning the Dubai Health Authority and its
amendments;
Law No. (1) of 2021 Establishing the Dubai Digital Authority;
Law No. (2) of 2021 Concerning the Knowledge and Human Development
Authority in Dubai;
Law No. (5) of 2021 Concerning the Dubai International Financial
Centre;
Law No. (13) of 2021 Establishing the Dubai Academic Health
Institution;
Law No. (20) of 2021 Establishing the Department of Economy and
Tourism in the Emirate of Dubai;
Law No. (3) of 2022 Concerning Protection of the Rights of Persons
with Disabilities in the Emirate of Dubai;
Decree No. (22) of 2009 Concerning Special Development Zones in the
Emirate of Dubai;
Decree No. (4) of 2021 Concerning the Supreme Committee of
Emergency, Crisis, and Disaster Management in the Emirate of Dubai;
Decree No. (45) of 2021 Concerning the Dubai Building Code;
The Order of 1961 Establishing the Dubai Municipality;
Executive Council Resolution No. (3) of 2014 Forming the Higher
Committee for Protection of the Rights of Persons with Disabilities in the
Emirate of Dubai;
Executive Council Resolution No. (2) of 2017 Regulating Private
Schools in the Emirate of Dubai; and
The legislation establishing and regulating free zones in the
Emirate of Dubai,
Do hereby issue this Resolution.
The words and expressions mentioned in this Resolution will have the same meaning
assigned to them in the above-mentioned Law No. (3) of 2022. The following
words and expressions, wherever mentioned in this Resolution, will have the
meaning indicated opposite each of them unless the context implies otherwise:
|
UAE: |
The United Arab Emirates. |
|
Law: |
Law No. (3) of 2022 Concerning Protection of the Rights of
Persons with Disabilities in the Emirate of Dubai. |
|
DSC: |
The Dubai Statistics Centre. |
|
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: |
The measures and procedures that must be taken for the Protection
of Persons with Disabilities from all forms of Discrimination, Abuse,
Neglect, or Exploitation. |
|
Accessible Environment: |
An environment created by adapting public facilities, services,
products, and information to make them accessible to most people, including
Persons with Disabilities. |
|
Dubai Universal Design Code: |
An official manual which is adopted in the Emirate and which
contains the standards that ensure meeting the minimum requirements that
enable Persons with Disabilities to access and use all buildings, facilities,
and means of transport in the Emirate without assistance. |
|
Alternative Care: |
The provision of appropriate care to a Person with Disability who
is unable to take care of himself, or whose family is unable to
provide him with appropriate care, through placement in an alternative family
environment or through a Government or social system. |
|
Database of Persons with Disabilities: |
A register maintained by the DSC containing the data of Persons
with Disabilities in the Emirate. |
|
Standard Classification: |
The national standard classification of disabilities adopted
pursuant to the above-mentioned Cabinet Resolution No. (3) of 2018. |
|
Educational Institution: |
A public or private establishment authorised by the competent
entities to provide education services at all Educational Stages in the
Emirate. These include kindergartens, schools, institutes, colleges,
universities, and other academic or vocational educational institutions. |
|
Supported Employment: |
A set of measures which support a Person with Disability in the
work environment, assist him in performing his duties, and enable him to retain his job and to achieve the highest possible level of
independence in the work environment. This includes, without limitation, specialised
professional training, assistive technologies, and continued development. |
|
Public Services: |
The services provided by Government Entities in the Emirate or by
the entities authorised by these Government Entities. |
|
Identification Card: |
A card issued by the CDA to a Person with Disability to enable
him to avail of the rights and services to which he is entitled pursuant to
the Law, this Resolution, and the resolutions issued in pursuance thereof. |
The Dubai Health Authority and the Dubai Academic Health
Institution must, each within its own jurisdiction and in coordination with the
Concerned Entities, ensure that:
1.
Persons with Disabilities, whenever
possible, and their Care-givers, are involved in making all decisions related to the Healthcare of these Persons with Disabilities;
2.
Persons with Disabilities regularly and
constantly receive the primary Healthcare appropriate for the degree of their disabilities and the associated health complications,
if any;
3.
Persons with Disabilities are provided with specialised preventive and therapeutic Healthcare
depending on the type and degree of their disabilities, including the prevention of exacerbation of
disabilities and
minimising, to the maximum possible limits, their negative impact on the functional development
and performance of Persons with
Disabilities;
4.
early screening tools are available to support parents in discovering any disabilities experienced by their
children before starting school and up to the age of four (4) years, the provision of
these tools is made
mandatory at public and private primary Healthcare centres, and all sectors
coordinate amongst each other to ensure
Accessibility to the relevant
records and reports;
5.
Persons with Disabilities are provided with the appropriate primary and specialised Health
Insurance coverage in a manner that ensures that they receive appropriate preventive, therapeutic, and
rehabilitation Healthcare;
6.
Health Service Providers are provided with continued training to
enable them to interact with Persons with Disabilities and their families, in
accordance with the relevant standards adopted for practising medical
professions; and their
health awareness in respect of the rights of Persons with Disabilities is raised; and
7.
health establishments, facilities, and information are managed in a
manner that allows Persons with Disabilities to easily and conveniently access them, in accordance with the
standards stipulated in the Dubai Universal Design Code, including the use of
Accessible Formats when providing Persons with Disabilities with any information related to their medical
records
and medical
prescriptions, and any other information related to their health conditions.
Persons with Disabilities have the right to avail of integrated and
comprehensive Habilitation and Rehabilitation services and programmes in
accordance with their individual needs. The CDA, the Dubai Health Authority,
and the Knowledge and Human Development Authority in Dubai must, in coordination
with the Concerned Entities, each within its own jurisdiction, regulate
Habilitation and Rehabilitation services in the Emirate; and must ensure that
Persons with Disabilities have access to the following services, equipment, and
programmes:
1.
psychiatric and social Habilitation for Persons with Disabilities, and their families, particularly those
who suffer from psychological disorders associated with their disabilities;
2.
the centres specialised in the Habilitation and Rehabilitation of
Persons with Disabilities, and the services of these centres. This includes easy access to the Rehabilitation services provided by these
centres;
3.
the Assistive Devices that enable Persons with Disabilities to overcome
their disabilities and achieve
integration in society;
4.
the Habilitation and Rehabilitation programmes, whether required at
birth or at any later stage, with a view to enabling Persons with Disabilities to achieve the highest level of independence
and integration in society;
5.
the Habilitation and Rehabilitation programmes that ensure that Persons
with Disabilities are re-integrated into society and that assist them in
securing employment, particularly where they are subjected to any form of
Discrimination, Abuse, Neglect, or Exploitation;
6.
the continuing training programmes offered by dedicated
Habilitation and Rehabilitation centres, with a view to enabling Persons with Disabilities to derive the maximum benefit from these programmes, meeting
their health and social needs, and raising awareness amongst the staff of these
centres in respect of the rights of Persons with Disabilities, in accordance
with the standards approved for providing Habilitation and Rehabilitation
services; and
7.
physiotherapy, speech therapy, occupational therapy, and applied
behavioural therapy programmes, as required for
each type and degree of disability and taking into account multiple disabilities in certain cases, thus achieving the integration of
Persons with Disabilities in society and their participation in various social
events.
a.
Persons with Disabilities will have the right to receive education
throughout all
Educational Stages, starting from the Early Childhood stage, to school
education, to higher education, to continuing education, to vocational
education and training.
b.
The Knowledge and Human Development Authority in Dubai must, in
coordination with the Concerned Entities, establish the procedures and
processes that ensure that Persons with Disabilities are not deprived of
education at any Educational
Stage; that support their enrolment, at all stages and without Discrimination,
in Inclusive Education programmes and quality alternative educational courses based on the principle of equal opportunity;
and that ensure that Reasonable Accommodations are provided to them.
c.
No public or private Educational Institution may deprive any person
from education on the grounds of his disability, or impose any additional fees
or other amounts in return for any services deemed as Reasonable Accommodations. In this regard, the
Concerned Entities in charge of education must approve the relevant
requirements and instruction manuals for Reasonable Accommodations in the field
of education. For this
purpose, and in coordination with the Concerned
Entities in charge of education, the Knowledge and Human Development Authority in Dubai must:
1.
develop the policies, plans, programmes, and standards that ensure
the provision of education to Persons with Disabilities depending on the type
and degree of disability, in line with the highest levels of commitment,
quality, and international best practices;
2.
develop the programmes and policies that aim to encourage the recruitment of
educational cadres from amongst Persons with Disabilities;
3.
facilitate the learning of writing and reading Braille, use modern
technologies and equipment to support persons with visual impairment, and ensure the availability of the
means and methods of communication that enhance the independence of students
with disabilities in education and training;
4.
facilitate learning and using sign language for persons with hearing impairment and boost their linguistic identity;
5.
publish data, information, Statistics, reports, and research on the
education of Persons with Disabilities;
6.
conduct scientific research and studies aiming at improving the quality
of life
of Persons with
Disabilities and alleviating
the impact of disability on them; and encourage Educational Institutions to conduct such research and studies;
7.
verify that Educational Institutions are providing the appropriate
training for their specialists and staff at all the Educational Stages to
assist them in identifying cases of psychological, perceptual, and other hidden
disabilities amongst Persons with Disabilities and referring these cases to specialists to take the relevant
necessary action; and
8.
launch initiatives and adopt programmes that provide students with
disabilities with equal learning opportunities at Educational Institutions.
d.
An Educational Institution must:
1.
request medical reports on the types and degrees of any disabilities experienced by its
students;
2.
apply the procedures and requirements for the early identification
of disabilities at the
pre-school and school stages as approved by the concerned health authorities;
3.
provide the assessment
tools and perform the screening and
assessment processes required
for identifying learning difficulties and disorders, including hidden disorders
of Persons with Disabilities; and develop the appropriate intervention plans
which include, without limitation, individual needs in terms of learning and
health support services that optimise learning outcomes using the support of concerned specialists and
professionals;
4.
adopt the best Inclusive Education methodologies and alternative
educational courses to ensure that the required support is provided to students
with disabilities and that their special needs are met, with a view to integrating them at all levels of the educational process
and facilitating the achievement of optimum learning
outcomes;
5.
raise the awareness of, and provide guidance to, educational
cadres, students, and parents on the rights of Persons with Disabilities;
6.
provide an Accessible
Environment that enables students with
disabilities to easily and conveniently access and use all the facilities of
Educational Institutions and further their education; and adopt Accessible
Formats in imparting information to them, particularly when they take exams; and
7.
recruit the necessary human resources, including the teachers, learning assistants, and specialists
qualified to deal with various types of disabilities; and train them on
facilitating the full integration of Persons with Disabilities in the
educational environment.
Persons with Disabilities will have the right to participate in
cultural, sports, recreational, social, and other events on an equal footing
with others. The Concerned
Entities in charge of supervising the organisation of these events in the
Emirate must:
1.
provide an Accessible
Environment that ensures participation
by Persons with Disabilities in various events to the extent permitted by the
type and degree of their disability;
2.
provide Persons with Disabilities with the opportunity to
participate in various events at the national, regional, and international
levels; and make the necessary arrangements in
this respect;
3.
encourage Persons with Disabilities to demonstrate and develop
their undiscovered talents and abilities by providing them with the opportunity
to participate in various events;
4.
provide the means and channels of communication that enable Persons
with Disabilities to stay updated on the various events to be organised in the Emirate and to receive the information
related to these events;
5.
provide the tools, devices, and games that are appropriate for Persons with
Disabilities and that enable them to participate in various events; and
6.
raise awareness amongst the persons in charge of organising events in the Emirate on the rights
of Persons with Disabilities; and train and update them, each within his own powers, on how to
interact with Persons with Disabilities.
a.
Persons with Disabilities will have the right to employment without
Discrimination and on an equal footing with others through the Inclusive
Employment opportunities they may opt for in the public or private sector or
through conducting personal business.
b.
No public or private entity may deprive a Person with Disability of employment on the grounds of disability.
These entities must provide the Reasonable Accommodations that enable Persons with Disabilities to discharge their duties on an
equal footing with others.
c.
In coordination with Concerned Entities, the Knowledge and Human
Development Authority in Dubai must:
1.
ensure that Inclusive Employment opportunities are provided to Persons with Disabilities and support
their right to employment, develop their sense of achievement and contribution,
and raise awareness amongst the community on the right and ability of Persons
with Disabilities to take up employment;
2.
ensure that Persons with Disabilities are provided with
opportunities for professional orientation, Habilitation, and training and for continued professional training and
development, in accordance with their needs; and that their professional skills and experience are
developed to meet the labour market needs;
3.
promote Inclusive Employment opportunities for Persons with
Disabilities; provide them
with the necessary support in securing employment; and adopt support programmes, such as Supported Employment and other
programmes and initiatives, that are commensurate with the qualifications of Persons with Disabilities and
with the type and degree of disability, whether it is minor, major, or combined
disability. This includes any disabilities that require special additional measures, such as mental disorders;
4.
encourage the private sector to employ Persons with Disabilities
and to offer them the appropriate incentives and facilities;
5.
encourage Persons with Disabilities to engage in private business and trade; and launch
the initiatives, programmes, and business incubators that enable them to
establish their private investment projects;
6.
create a database of the employees and job seekers from amongst
Persons with Disabilities in the public and private sectors, and a database of
available employment opportunities that may
interest Persons with
Disabilities; and
7.
publish data, information, Statistics, reports, and research on the work and employment of Persons with Disabilities;
and encourage the public and private sectors to conduct scientific research and
studies aiming at improving the quality of life of Persons with Disabilities and alleviating the
impact of disability on them.
d.
All Concerned Entities must:
1.
not discriminate against any person based on disability in matters of employment,
particularly those related to employment applications, employment terms,
retention of employees, performance appraisal, career advancement, promotions,
end-of-service gratuity, retirement schemes, safe and healthy working
conditions, and any other similar matters;
2.
provide appropriate and healthy working
conditions for Persons with Disabilities, and protect them from all forms of
Discrimination, Abuse, Neglect, Exploitation;
3.
provide an Accessible Environment for Persons
with Disabilities at workplaces and adopt Accessible Formats in imparting
information that assists them in
performing their duties and enables them to easily and conveniently use all the facilities available in workplaces;
4.
provide Reasonable Accommodations for Persons with Disabilities,
including those required for performing their employment duties or for
participating in training programmes. The Knowledge and Human Development
Authority in Dubai must, in coordination with the Concerned Entities in charge
of labour affairs, approve the requirements and instruction manuals related to Reasonable
Accommodations in workplaces;
5.
support vocational and professional
Rehabilitation programmes for Persons with Disabilities to ensure that they
retain or regain their employment; and
6.
raise awareness on the rights of Persons with Disabilities amongst
the people interacting with Persons with Disabilities in general, and amongst the human resources staff in particular,
and train them on how to interact with Persons with Disabilities.
Persons with Disabilities will have the right to an Accessible
Environment and the right to access all types of environments as well as their facilities, including transport
facilities, information, Public Services, and private services, that are accessible to
the public. For these purposes, the Concerned Entities will have the following
obligations:
I. The
Concerned Entities must adopt the
Accessible Environment
standards stipulated in the Dubai Building Code
approved by the competent entity in the Emirate as the sole reference for the adaptation of places for use by Persons with Disabilities. For the purpose of ensuring implementation of these standards, the following entities will have the obligations below:
a.
The Dubai Municipality must:
1.
in accordance with its functions and in coordination with the
authorities supervising Special Development Zones and free zones, such as the
Dubai International Financial Centre, establish the principles, requirements,
conditions, and procedures required to ensure implementation of the principles
of Inclusive Design in built environments; and supervise the compliance of all parties with these principles, with a view to making these environments easily and conveniently accessible to Persons with Disabilities;
2.
develop the engineering, design, and implementation standards required for the adaptation of buildings, facilities, and constructions in the Emirate, in accordance with
international best practices. These standards must be approved pursuant to a
resolution of the Director General of the Dubai Municipality; and
3.
raise awareness amongst the persons in charge of operating, maintaining, and managing buildings
and public facilities; and train them on the implementation and application of the engineering, design, and implementation requirements and standards for the adaptation of buildings and facilities for use by
Persons with Disabilities.
b.
The Dubai Municipality and the entities authorised to issue
building permits and completion certificates will, each within its own
jurisdiction, supervise the full application of the Accessible Environment
standards stipulated in the Dubai Building Code across the Emirate, including
in all types
of newly licensed and existing
buildings and facilities. The Dubai Municipality and these competent entities
must submit to the Committee biannual reports on the outcomes of implementing
these standards.
c.
The Dubai Municipality, the Roads and Transport Authority, and the
entities authorised to issue building permits will, each within its own
jurisdiction, require companies and establishments to implement and complete projects, buildings, constructions, roads, and transport facilities and services in accordance with
the Accessible Environment standards stipulated in the Dubai Building Code; and
will take the necessary action to proscribe any act of non-compliance with these standards as a violation punishable by the penalties,
punitive measures, and fines prescribed in the legislation in force.
d.
The owners of existing buildings, constructions, and facilities must maintain the achieved levels of adaptability and sustainability to ensure Accessibility to the same by Persons with Disabilities and enable
them to use these buildings, constructions, and facilities.
e.
The Dubai Municipality, the Roads and Transport Authority, and the
entities authorised to issue building permits will, each within its own
jurisdiction, take the necessary action and impose penalties where the owners of buildings, constructions, and facilities fail to maintain the
achieved level of adaptability and sustainability to ensure Accessibility to the same by Persons with Disabilities and enable them to use these buildings, constructions, and facilities.
f.
The Dubai Municipality and the Roads and Transport Authority will
provide official channels for receiving reports and complaints related to
failure to comply with the Accessible Environment standards, and will establish an efficient process for informing community members on these
channels and for addressing these reports
and complaints.
g.
All Government Entities must ensure that their procurement contracts contain provisions that obligate the
parties contracting with them to supply products which meet the adaptation specifications that enable Persons with
Disabilities to use these products on
an equal footing with others, including adopting the principle of Inclusive
Design in all the services the Government Entities provide to their clients.
h.
The Roads and Transport Authority will:
1.
develop the engineering, design, and implementation standards required for the adaptation of roads, pavements, crossings, car
parks, and all types of public transport stations, facilities, and vehicles;
and all support services and systems in the Emirate, in accordance with
international best practices. The Roads and Transport Authority
will supervise the comprehensive implementation of the Accessible Environment standards stipulated in
the Dubai Building Code across the Emirate. These standards must be approved pursuant to a resolution of
the Director General of the Roads and Transport Authority;
2.
establish the specifications required for the adaptation of roads, means of transport, and all
services to ensure that they are easily and conveniently accessible to Persons with Disabilities; and
supervise compliance with these specifications by the authorities supervising
Special Development Zones and free zones, such as the Dubai International
Financial Centre;
3.
provide special seats designated for Persons with Disabilities in all means of
public transport and in all passenger stations;
4.
provide the facilities required for enabling Persons with
Disabilities to easily and conveniently use the facilities of passenger stations;
5.
facilitate the process of obtaining driver’s licences by Persons
with Disabilities to drive their own vehicles, in accordance with the relevant legislation in force, after verifying that they are capable of
safely driving these vehicles; and
6.
raise awareness amongst drivers of all means of public transport on
the rights of Persons with Disabilities, and train them on how to interact with
them.
II. The Concerned Entities must ensure Accessibility to digital services, information and
telecommunication systems, and other services by adopting various types of
Accessible Formats as suitable for all types of disabilities. In this regard, these entities
will undertake the following:
a.
The Dubai Digital Authority will develop the policies and technical
standards related to the requirements for adaption of digital channels, such as websites,
smart applications, and other channels; and will supervise compliance by the public and private
sectors with these policies and standards, in line with priorities and
available resources, in order to make them easily and conveniently accessible to Persons with Disabilities.
b.
All Concerned Entities will seek to raise awareness on the adaptation of websites and smart applications to allow Persons
with Disabilities to use and avail of the services
and information contained in these websites.
c.
All Concerned Entities will seek to raise awareness on the rights
of Persons with Disabilities amongst the persons supervising the provision of digital services, and train
them on providing Persons with Disabilities with the information they need in an easy and convenient manner.
III. The Concerned
Entities must ensure that Persons with Disabilities can easily and conveniently access Public Service places and platforms through:
1.
giving Persons with Disabilities the opportunity to access all the
information related to providing Public Services by engaging public relations
officers or sign language translators or by providing information and guidance
on Public Services in Braille format or any other format that enables Persons with
Disabilities to easily and
conveniently access this information;
2.
taking the necessary measures and actions to implement the
standards stipulated in the Dubai Building Code for the purpose of facilitating
access to Public Services by Persons with Disabilities;
3.
raising awareness amongst the employees in charge of providing
Public Services on the rights of Persons with Disabilities, and training them
on how to interact with Persons with Disabilities;
4.
protecting the rights of Persons with Disabilities to resort to police and judicial authorities, and to take all legal actions that
protect their rights under the legislation in force; and providing them with an
Accessible Environment at detention and correction centres; and
5.
developing the policies and plans required to ensure the protection
and safety of Persons with Disabilities in times of Emergency, Crisis, or
Disaster.
IV. The Concerned Entities must ensure the right of Persons with Disabilities to access public places without any obstacles limiting the
exercise of that right. In this
regard, the Concerned Entities in charge of
supervising public places must:
1.
adapt public places, including buildings, parks, beaches, libraries, theatres, playgrounds,
museums, and other facilities to make them easily and conveniently accessible to Persons with Disabilities, in accordance with the standards
stipulated in the Dubai Building Code;
2.
provide public places with the equipment, tools, and guidelines
that ensure
that Persons with
Disabilities use these places on an equal footing with others; and
3.
enable Persons with Disabilities to participate in public events
and activities, and in community
activities, taking place
in public places.
V. The Concerned Entities must ensure the right of Persons with Disabilities to perform religious rites and to attends mosques and other places
of worship. For the purpose of enabling Persons with Disabilities to exercise
this right, the Concerned Entities in charge of supervising mosques and other
places of worship in the Emirate must:
1.
provide an Accessible Environment that enables Persons with
Disabilities to attend mosques and other places of worship to perform their
religious rituals;
2.
give Persons with Disabilities the opportunity to participate in
religious activities and develop the relevant skills and abilities;
3.
provide the tools, equipment, and means that ensure that Persons with Disabilities access the
sermons, lessons, teachings, and other religious activities that take place at
mosques and other places of worship; and
4.
raise awareness amongst the staff of mosques and other places of
worship on the rights of Persons with Disabilities, and train them on how to
impart information to Persons with Disabilities.
a.
Persons with Disabilities will have the right to access Social
Services that allow them, and their
families, to enjoy an
adequate standard of living without Discrimination. For this purpose, the CDA
will:
1.
manage and provide financial benefits to Persons with Disabilities,
whether monetary or in-kind, in accordance with the standards, conditions, and
rules adopted by the CDA in this respect; and provide them with social support
services;
2.
promote the establishment of centres specialised in providing
Persons with Disabilities with Social Services, and regulate the work of these
centres by developing and implementing licensing policies and devising audit
and quality assurance frameworks;
3.
develop, in coordination with the Concerned Entities, programmes
and policies to attract Alternative Care service providers to provide their
services in the Emirate;
4.
conduct, in coordination with the DSC, research, surveys, and
census studies in respect of the social
conditions of Persons with Disabilities in the Emirate;
5.
provide family counselling to the families of Persons with Disabilities and train
these families to communicate and interact with Persons with Disabilities;
6.
address cases of Abuse, Neglect, and Exploitation in accordance with the
regulations it adopts in
this respect and in a manner that enables Persons with Disabilities, or other persons, to easily and conveniently report any violations committed against them;
b.
The CDA will, in coordination with the Concerned Entities, design
and implement programmes that achieve the following:
1.
preserving the rights of Persons with Disabilities
stipulated in international treaties and conventions, and in federal and local
legislation, in all Government plans, policies, programmes, and initiatives;
2.
ensuring that Persons
with Disabilities avail of all the
Social Services that ensure their self-sufficiency, improve their living conditions, and integrate them in society;
3.
integrating Persons with
Disabilities into all aspects of life to ensure their active participation in
society; and
4.
raising awareness
amongst the community on the rights of Persons with Disabilities, and promoting their acceptance as active members of
society.
c.
The Concerned Entities in charge of implementation of the
programmes and campaigns aiming at raising awareness amongst the community on
the rights of Persons with Disabilities must take into consideration the
following when organising and implementing these programmes and campaigns:
1.
raising awareness on the abilities and contributions of Persons with Disabilities in all aspects
of life;
2.
enhancing the acknowledgement by the community and its various establishments of the rights of
Persons with Disabilities;
3.
promoting a positive image of Persons with Disabilities and
encouraging the media to take up this role;
4.
encouraging the community to recognise the skills, competencies,
and abilities of Persons with Disabilities and their contribution to all aspects
of life;
5.
fostering an attitude of respect for the rights of Persons with
Disabilities regardless of their nationality, gender, age, religious belief, or
type or degree of disability; and
6.
educating the community, and the Persons with Disabilities and
their families, on the system for reporting violations of the rights of Persons
with Disabilities.
a.
A Housing Service applicant who is a Person with Disability, or has a family member who is a Person
with Disability, will be given
priority in obtaining Housing Services, such as housing loans or grants, and in
availing of the housing consultation provided by the relevant supporting Government programmes.
b.
The Mohammed bin Rashid Housing Establishment must verify that the dwellings allocated or constructed for Persons with
Disabilities meet the relevant adaptation specifications; and must develop plans that ensure making the
necessary adaptation of dwellings upon request by any Persons with Disabilities who begin
to experience their disabilities after being granted the Housing Service.
a.
Banks operating in the Emirate must:
1.
enable Persons with Disabilities, particularly those who have full
legal capacity, to easily and conveniently manage their accounts and other financial
matters independently and in a manner that preserves their financial rights;
2.
enhance the accessibility
by Persons with Disabilities to credit services, such as bank loans and other
services to ensure that
they avail of these services on an equal footing with others;
3.
adopt the Reasonable Accommodations required to ensure that Persons
with Disabilities access banking services. This includes making the
environment, websites, smart applications, automatic teller machines (ATMs),
and other platforms used for providing banking services accessible to Persons
with Disabilities, in line with the latest Accessibility standards; and
4.
train staff members on how to interact with Persons with
Disabilities, with a view to providing them with banking services in the best
manner possible.
b.
The Department of Economy and Tourism will verify that the banks
operating in the Emirate are in compliance with the obligations stipulated in paragraph (a) of this
Article.
a.
The CDA must address any cases of Abuse, Neglect, or Exploitation that
Persons with Disabilities may be subjected to in accordance with the relevant
rules adopted by it. This includes enabling Persons with Disabilities, their
Care-givers, or any other person or entity to report these cases through the reporting system adopted by
the CDA for this purpose.
b.
The reporting system referred to in paragraph (a) of this Article
must:
1.
allow the reporting, through the channels dedicated for this
purpose
and using any available means, of any cases of Abuse, Neglect, or Exploitation against Persons
with Disabilities; and
2.
be accessible to Persons with Disabilities and conform to the latest Accessibility standards.
c.
Protection Specialists will verify the complaints and reports received by the CDA in accordance with the relevant
procedures adopted by it; and will record the violations and breaches, and
refer any
of these violations
and breaches, as they deems necessary, to the security and judicial authorities
in accordance with the relevant legislation in force.
d.
The CDA must provide any Person with Disability with Alternative Care where it is
established to the satisfaction of the Protection Specialist that the Person with Disability has in fact been subjected to Abuse, Neglect, or Exploitation, and
that his
Care-giver is unable to
provide him with the required protection, in accordance with the relevant rules
adopted by the CDA.
The DSC will create a Database of Persons with Disabilities in the
Emirate as a reference to be used by decision makers in strategic planning, in
developing Government policies, and in steering the strategic projects related to Persons with Disabilities. In
creating this database, the following must be observed:
1.
The database must be designed in accordance with the Standard
Classification to ensure that it is in line with the national requirements for compiling the data of Persons with Disabilities.
The entities providing the data must comply with the
relevant
classification standards.
2.
The DSC must determine the form of the Database of Persons with
Disabilities, the data that will be entered in it, and the procedures for
managing, updating, and connecting the database to the Concerned Entities.
These entities must provide the DSC with the data of Persons with Disabilities,
and must
meet the following
requirements:
a.
The Concerned Entities in charge of regulating health affairs in
the Emirate must report to the DSC all cases of disability occurring in the
Emirate as soon as they are diagnosed by them, or by the private health entities operating in
the Emirate, to ensure that these cases are entered in the Database of Persons
with Disabilities.
b.
The Concerned Entities in charge of regulating educational affairs
in the Emirate must provide the DSC with the data of the students with
disabilities who are enrolled in Educational Institutions, to ensure that it is entered in the Database of Persons with
Disabilities.
3.
The DSC will submit to the Committee an annual report on the
Database of Persons with Disabilities. This report must include assessment
of compliance by the Concerned
Entities with the requirement to report to the DSC cases of disabilities and data of
Persons with Disabilities.
a.
The CDA will issue each Person with Disability an Identification Card that proves his
status as a Person with Disability.
b.
The Identification Card will be used as a means by which the Person with Disability avails of the
services, facilities, and privileges prescribed by the Law, this Resolution,
and other legislation in force.
c.
The Identification Card must include the following basic
information:
1.
the name of the Person with Disability;
2.
the Identification Card number;
3.
a photograph of the Person with Disability;
4.
the type and nature of disability;
5.
the expiry date of the Identification Card; and
6.
any other information determined by the CDA.
d.
The Identification Card is deemed an official document owned by the
CDA. Neither the Person with Disability nor his Care-giver may use the
Identification Card, except for its intended purposes. In particular, the card
holder must:
1.
not permit others to use his Identification Card;
2.
produce it to the Concerned Entities upon request;
3.
notify the CDA if the card is lost or damaged; and
4.
not make any variation, erasure, or deletion of, or addition to,
the information included in the card.
e.
An Identification Card will be issued subject to the following:
1.
The disability must be proven by a medical report issued by a medical entity
accredited by the Dubai Health Authority.
2.
The disability must be amongst the disabilities listed in the Standard Classification.
3.
The applicant must comply with any other requirements prescribed by the CDA pursuant to the resolutions
issued by its Director
General in this respect.
f.
The Identification Card will be issued in accordance with the
procedures stipulated in the relevant resolution issued by the Director General
of the CDA.
Without prejudice to any stricter penalty stipulated in any other
legislation, a Person who commits any of the violations set forth in the
Schedule attached to this Resolution will be punished by the fine indicated
opposite that violation.
The fines collected pursuant to this Resolution will be paid to the
Public Treasury of the Government of Dubai.
This Resolution will be published in the Official Gazette and will
come into force on the day on which it is published.
Hamdan bin Mohammed bin Rashid Al Maktoum
Crown Prince of Dubai
Chairman of the Executive Council
Issued in Dubai on 4 January 2022
Corresponding to 1 Jumada al-Thaniyah 1443 A.H.
Schedule
|
SN |
Violation |
Fine (in dirhams) |
|
1 |
Committing any form of Discrimination against a Person with
Disability, including denying him using Reasonable
Accommodations or refusing
to provide any services to which he is entitled
in accordance with the legislation in force. |
10,000.00 |
|
2 |
Using any words, expressions, descriptions, or signs, or engaging
in any act intended to demean a Person with Disability
or his abilities, or degrade him in any manner whatsoever. |
7,000.00 |
|
3 |
Exploiting a Person with Disability. |
20,000.00 |
|
4 |
Abusing a Person with Disability. |
50,000.00 |
|
5 |
Failure by the Care-giver of a Person with Disability to meet his
obligations under law. |
7,000.00 |
|
6 |
Committing Neglect in providing care or protection to a Person with Disability, in any manner whatsoever, by the person assigned to provide that care or protection. |
5,000.00 |
|
7 |
Refusal or failure to report, or delay in reporting, to the Concerned Entities any
Abuse, Discrimination, Exploitation, or assault to which a Person with
Disability is subjected, or any denial of a right to which he is
entitled under the Law, this Resolution, or other legislation in force. |
5,000.00 |
|
8 |
Refusal to admit a student with disability, in any Educational Stage, without a reason acceptable to the
Knowledge and Human Development Authority in Dubai. |
50,000.00 |
|
9 |
Imposing additional fees or costs in return for providing
Reasonable Accommodations to a student with disability during any of the
Educational Stages. |
20,000.00 |
|
10 |
Failure to provide the appropriate aids and tools or Reasonable
Accommodations required for integrating a Person with Disability in the work
environment. |
5,000.00 |
|
11 |
Refusal to employ or engage a qualified Person with Disability
for any reason related to his disability, without a reason acceptable to the
Knowledge and Human Development Authority in Dubai. |
5,000.00 |
©2022 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.