Law No. (23) of 2021
Concerning the
Dubai Foundation for Women and Children[1]
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We, Mohammed bin Rashid Al Maktoum, Ruler of Dubai,
After perusal
of:
Law No. (15)
of 2007 Establishing the Dubai Foundation for Women and Children and its
amendments;
Law No. (1) of
2016 Concerning the Financial Regulations of the Government of Dubai;
Law No. (12)
of 2017 Regulating Civil Society Organisations in the Emirate of Dubai;
Decree No. (9)
of 2015 Regulating the Raising of Donations in the Emirate of Dubai;
Executive
Council Resolution No. (20) of 2011 Regulating Social Care Professions in the
Emirate of Dubai; and
Executive
Council Resolution No. (9) of 2015 Regulating the Work of Social Service
Providers in the Emirate of Dubai,
Do hereby
issue this Law.
This Law will be cited as “Law No. (23)
of 2021 Concerning the Dubai Foundation for Women and Children”.
The following words and expressions,
wherever mentioned in this Law, will have the meaning indicated opposite each
of them unless the context implies otherwise:
|
UAE: |
The United Arab Emirates. |
|
Emirate: |
The Emirate of Dubai. |
|
Ruler: |
His Highness the Ruler of Dubai. |
|
DFWC: |
The Dubai Foundation for Women and
Children. |
|
Board of Directors: |
The board of directors of the DFWC. |
|
Director General: |
The director general of the DFWC. |
|
Abuse and Violence: |
Any act, conduct, or threat which is
directed against women or children and which has a negative physical or psychological
effect, such as bodily, emotional,
verbal, sexual, or financial harm; any form of negligence; or deprivation of rights. |
|
Care: |
Any of the psychological, social,
medical, financial, and legal services provided by the DFWC to victims of Abuse and
Violence. This includes, without limitation, providing shelter for
non-health-related purposes; social habilitation; and protection from Abuse
and Violence, negligence, and exploitation. |
The provisions of this Law apply to the
Dubai Foundation for Women and Children, established pursuant to the
above-mentioned Law No. (15) of 2007, as a non-profit foundation having legal
personality and the legal capacity required to undertake all acts and
dispositions that ensure the achievement of its objectives.
The head office of the DFWC will be
located in the Emirate. Other branches of the DFWC may be established within
the Emirate pursuant to a resolution of the Board of Directors.
The DFWC will have the following
objectives:
1.
to ensure that the dignity of women and children is respected by
members of the community;
2.
to create a safe environment, and provide the necessary protection, for victims of Abuse and Violence;
3.
to increase awareness among members of the community on the rights
of women and children; and
4.
to promote the
social
responsibility for providing the necessary protection to women and children
against Abuse and Violence.
Without prejudice to the applicable
federal and local legislation, and the international treaties and conventions
to which the UAE is a party or an acceding party, the DFWC will, for the
purpose of achieving its objectives and, where required, in coordination with
the competent Government Entities in the Emirate and international
organisations, have the duties and powers to:
1.
develop and implement the policies, plans, programmes, and
initiatives required for protecting women and children against Abuse and
Violence;
2.
propose the legislation required for providing the necessary Care
and protection for women and children against Abuse and Violence, and submit
the same to the competent Government Entities to take appropriate action in
this respect;
3.
provide Care and shelter services to women and children who are victims of Abuse and Violence, in
accordance with the relevant rules and conditions prescribed by the DFWC and in line with the legislation in force in the
Emirate and the rules adopted by the competent Government Entities;
4.
take all the measures and actions required for combating Abuse and Violence against women and children
in the society;
5.
receive complaints and reports regarding any violations committed against women and
children, and take the necessary action in respect of these violations;
6.
take the necessary measures to address the consequences of
incidents of Abuse and Violence, such as the rehabilitation and training of
victims of these incidents; and empowering them socially, psychologically, and financially to
enable them to integrate into the society;
7.
provide psychological and social counselling services to the women and children subjected to Abuse and
Violence;
8.
provide assistance to non-UAE national victims of Abuse and
Violence and help them return to
their home
countries;
9.
where required, represent women and children who are victims of Abuse and Violence before
judicial authorities and competent Government Entities;
10.
raise, and invest, the funds and Donations required for enabling
the DFWC to perform its duties, in accordance with the legislation in force in
the Emirate; and
11.
exercise any other duties or powers required for the achievement of
the objectives of the DFWC, as assigned to it by the Ruler.
The organisational structure of the DFWC
will be comprised of:
1.
the Board of
Directors; and
2.
an
executive body.
a.
The DFWC will have a Board of Directors comprised of a chairman, a
vice chairman, and a number of other experienced and specialised members. The number of the Board of
Directors members may neither be less than five (5) nor more than nine (9),
including the chairman and vice chairman. Members of the Board of Directors
will be appointed pursuant to a decree of the Ruler for a renewable term of
three (3) years.
b.
In the event of absence of the chairman of the Board of Directors,
or where his post falls vacant for any reason, the vice chairman of the Board
of Directors will serve
as the chairman.
a.
The Board of Directors will undertake general supervision of the
work of the DFWC and follow
up its performance of the functions assigned to it under this Law and the resolutions
issued in pursuance hereof. In particular, the Board of Directors will have the
duties and powers to:
1.
approve, and follow up the implementation of, the general policy
and the strategic and development plans of the DFWC;
2.
approve the Care and shelter services to be provided by the DFWC, as part of its mandate, to women and children who are victims of
Abuse and Violence;
3.
approve the draft annual budget and Financial Statements of the DFWC;
4.
approve the organisational structure of the DFWC;
5.
approve the resolutions, bylaws, and regulations governing the
administrative, financial, and technical work of the DFWC, including the human
resources regulations of the DFWC;
6.
approve the projects, initiatives, activities, programmes, and
awareness campaigns that contribute to the achievement of the objectives of the
DFWC;
7.
establish the rules regulating the acceptance of the grants, gifts, Donations, and endowments offered to the DFWC; the use of their proceeds; and the channels and conditions for spending and investing these proceeds, in accordance with the legislation in
force in the Emirate;
8.
form permanent and temporary committees and work teams, and
determine their functions and terms of reference;
9.
review reports on the work, activities, and achievements of the DFWC,
including the annual, financial, and performance reports; and take the
necessary action in respect thereof;
10.
appoint, dismiss, and determine the remuneration of, external
auditors; and review the reports and notes submitted by these auditors at the
end of each Financial Year; and
11.
exercise any other duties or powers required for the achievement of
the objectives of DFWC, as assigned to it by the Ruler.
b.
The Board of Directors may delegate its powers under sub-paragraphs
(a)(5) and (a)(6) of this Article to the Director General, provided that such
delegation is specific and in writing.
a.
The Board of Directors will convene at the invitation of its
chairman, or the vice chairman if the chairman is absent, six (6) times a year
and where necessary. Meetings of the Board of Directors will be valid if
attended by the majority of its members, provided that the chairman or vice
chairman is in attendance.
b.
Resolutions and recommendations of the Board of Directors will be
passed by majority vote of the attending members; and in the event of a tie,
the chair of the meeting will have a casting vote.
c.
Resolutions and recommendations of the Board of Directors will be
recorded in minutes signed by the chair of the meeting and attending members.
d.
A rapporteur will be appointed to the Board of Directors by its
chairman. The rapporteur will be responsible for sending meeting invitations to
the members of the Board of Directors, preparing its meeting agendas, recording its minutes of meetings, following up the
implementation of the Board of Directors resolutions and recommendations, and
performing any other duties assigned to him by the chairman of the Board of
Directors.
e.
The Board of Directors may invite experts and specialists, as it
deems appropriate, to attend its meetings to assist it in performing its
duties. These experts and specialists will not have a vote in the deliberations
of the Board of Directors.
a.
The DFWC will have an executive body comprised of the Director
General and a number of administrative, finance, and technical employees.
b.
The executive body will be responsible for the operational work of
the DFWC, for the implementation of its policies and strategic plans, and for
following up the implementation of the resolutions and recommendations passed
by the Board of Directors.
c.
The procedures and terms of appointment, and all employment rights
and duties, of the employees of the executive body of the DFWC will be
determined pursuant to the relevant human
resources regulations approved by the Board of Directors.
a.
The Director General will be appointed by a resolution of the
chairman of the Board of Directors.
b.
The Director General will be responsible to the Board of Directors
for performing the functions assigned to him under this Law and the
resolutions, regulations, and bylaws issued in pursuance hereof.
c.
The Director General will have the duties and powers to:
1.
propose the general policy and the strategic and development plans of the DFWC,
submit the same to the Board of Directors for approval, and follow up the implementation of the same upon their approval;
2.
approve, and supervise the implementation of, the operational plans
the DFWC;
3.
propose the draft annual budget and Financial Statements of the DFWC,
and submit the same to the Board of Directors for approval;
4.
prepare the organisational structure of the DFWC, and submit the
same to the Board of Directors for approval;
5.
prepare the resolutions, regulations, and bylaws required
to regulate
the administrative, financial, technical, and human resources work of the DFWC;
and submit the same to the Board of Directors for approval;
6.
supervise the daily work of the executive body of the DFWC; manage
its technical, administrative, and financial affairs; and follow up the
performance of its employees;
7.
propose the projects, initiatives, activities, programmes, and
awareness campaigns that contribute to the achievement of the objectives of the
DFWC; and submit the same to the Board of Directors for approval;
8.
prepare an annual report on
the achievements and activities of the DFWC; and submit the same to the Board
of Directors for approval;
9.
represent the DFWC before third parties and conclude the contracts
and agreements required for the achievement of the objectives of the DFWC; and
10.
exercise any other duties or powers assigned or delegated to him by
the Board of Directors.
The financial resources of the DFWC will
consist of:
1.
the financial support allocated to the DFWC by the Government of
Dubai;
2.
the grants, gifts, Donations, and proceeds of endowments received by the DFWC; and
3.
any other resources secured by the DFWC through conducting its
activities and approved by the Board of Directors.
a.
In managing its accounts and records, the DFWC will apply the
accounting rules and principles approved by the Board of Directors.
b.
The Financial Year of the DFWC will commence on 1 January and will
end on 31 December of each year.
The chairman of the Board of Directors
will issue the resolutions required for implementing the provisions of this
Law.
a.
This Law supersedes the above-mentioned Law No. (15) of 2007.
b.
Any provision in any other legislation is hereby repealed to the extent that it contradicts the
provisions of this Law.
c.
The bylaws and resolutions issued in implementation of the
above-mentioned Law No. (15) of 2007 will continue in force, to the extent that they do not contradict the provisions of this
Law, until new superseding bylaws and resolutions are issued.
This Law will be
published in the Official Gazette and will come into force on the day on which
it is published.
Mohammed bin Rashid Al Maktoum
Ruler of
Dubai
Issued in Dubai on 18 November 2021
Corresponding to 13 Rabi al-Thani 1443 A.H
©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.