Concerning the Rights
of Persons with Disabilities in the Emirate of Dubai[1]
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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 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. (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. (11) of
2013 Concerning Health Insurance in the Emirate of Dubai;
Law No. (2) of
2014 Concerning Protection of the Rights of Persons with Disabilities in the Emirate
of Dubai;
Law No. (8) of
2015 Concerning the Community Development Authority in Dubai;
Law No. (1) of
2016 Concerning the Financial Regulations of the Government of Dubai;
Law No. (5) of
2021 Concerning the Dubai International Financial Centre;
Decree No. (22)
of 2009 Concerning Special Development Zones in the Emirate of Dubai;
Decree No. (28)
of 2015 Concerning Governance of the Boards and Committees Affiliated to the Government
of Dubai; and
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,
Do hereby issue this Law.
This Law will be cited as “Law No. (3) of 2022 Concerning 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 of Dubai. |
|
Concerned Entity: |
Any Government
Entity in charge of implementing the provisions of this Law and the resolutions issued in pursuance
hereof. |
|
CDA: |
The Community
Development Authority in Dubai. |
|
Committee: |
The Higher Committee
for Protection of the Rights of People of Determination in the Emirate of Dubai. |
|
Person with Disability: |
A person suffering
from a permanent or temporary physical, sensory,
mental, communicative, learning, or psychological deficiency or impairment which,
as a result of interaction with other physical and behavioural barriers, may hinder
his full and effective participation in the society on an equal footing with others. |
|
Discrimination Based on Disability: |
Any direct or
indirect differentiation, exclusion, or restriction which is based on disability and results in
denying any of the rights
or freedoms
of a Person with Disability
under this Law, the resolutions issued in pursuance hereof, and other legislation in force in the Emirate, or denying
the enjoyment or exercise of these rights and freedoms on an equal footing with
others; or which may
prevent the Person with Disability from using Reasonable Accommodations. |
|
Reasonable Accommodations: |
Necessary and appropriate
adjustments and arrangements that do not impose a disproportionate or undue burden
on a person, and that are required under certain circumstances to ensure the enjoyment or exercise by Persons
with Disabilities of all human rights and fundamental freedoms,
on
an equal footing with others, in accordance with this Law, the resolutions issued in pursuance hereof,
and other legislation in force in the Emirate. |
|
Accessible Formats: |
Brailling of
information, data, pictures, drawings, and other material; creating large print
versions of them; transferring them into electronic format or audio recordings;
translating them into sign language; expressing them in simplified language; or
clarifying them in any other manner, without changing their content, in order to make them accessible and understandable by Persons with
Disabilities. |
|
Accessibility: |
Making buildings,
roads, transport facilities, and other public or private places that are open
to the public; information; and digital platforms accessible to Persons
with Disabilities in line with the relevant adopted standards. |
|
Assistive Devices: |
The devices,
equipment, and technologies designed to maintain the performance and boost the independence of Persons with Disabilities; to facilitate
their participation in the society; and to ensure their well-being. |
|
Inclusive Design: |
The design of
products, environments, programmes, and services to be used by all people without
the need for any adjustments or special design features; and without the need to rule out the use of any Assistive Devices required by certain
categories of Persons with Disabilities. |
|
Abuse: |
The infliction
of any harm to a Person with Disability through a physical, verbal, sexual, psychological,
or any other act of
violence. |
|
Neglect: |
Failure or refusal to
provide Basic Care and protection to a Person with Disability in a manner that may result in physical
or psychological harm to him. |
|
Basic Care: |
This includes,
but is not limited to, providing shelter, food, water, clothing, personal hygiene
care, and medical care
to a Person with Disability. |
|
Exploitation: |
Taking unlawful
financial, physical, or emotional advantage of a Person with Disability, or otherwise
using or taking possession of his property without his or his care-giver's consent. |
|
Care-giver of a Person with Disability: |
The person legally
responsible for or entrusted with providing care to a Person with Disability. |
|
Habilitation: |
Developing the
abilities of a Person with Disability through a specialised method of habilitation, such as providing direct medical treatment, physiotherapy,
psychotherapy, Assistive Devices, education, and vocational training. |
|
Rehabilitation: |
Preparing a person
to regain his strength and abilities to readapt to society after sustaining a
disability. |
|
Social Services: |
All the services
which contribute to Social Development in general, and to the care for and protection,
empowerment, and inclusion of the Most Vulnerable Segments in particular. These
services include raising awareness; counselling; providing shelter for non-health-related
purposes; day care; home care; social Habilitation; protection from Abuse, Neglect, and Exploitation; and offering financial
benefits, whether monetary or in-kind. |
|
Inclusive Employment: |
Offering Persons
with Disabilities the opportunity to work together with their non-disabled peers
in line with measures and regulations that ensure
non-discrimination in workplaces, so that they are given the same opportunities and rights
as others working in the same field and are
provided with the Reasonable Accommodations that enable them to perform their
duties, maintain their employment, and achieve
career advancement. |
|
Inclusive Education: |
A systematic
approach aiming at meeting the various educational needs of all students, including
students with disabilities, in order to enhance their participation in educational, cultural,
and social activities, and avoid their
exclusion from these activities, with a view to supporting their contribution to the development
of the Emirate. |
This Law aims to:
1. integrate Persons with Disabilities into all
areas of life and give them the right and opportunity to live independently
on an equal footing with others;
2. combat all forms of Discrimination Based on
Disability, including all acts of Abuse, Neglect, and Exploitation;
3. incorporate the rights and interests of Persons with Disabilities in the Government
policies, strategies, legislation, plans, programmes, and projects; and
4. involve Persons with Disabilities in the process
of formulating Government policies, plans, legislation,
and programmes; and in making the decisions relating to them or affecting their well-being.
a.
Without prejudice to the rights of Persons with Disabilities under the
legislation in force, the Concerned Entities, each within its own jurisdiction, must provide Persons
with Disabilities with the means to enjoy the following rights and services:
1.
Inclusive Education at all stages;
2.
Habilitation and Rehabilitation;
3.
Inclusive Employment and employment opportunities in all sectors;
4.
healthcare and medical treatment services;
5.
Social Services;
6.
Accessibility to various places and services, including places of worship
and police and judicial services;
7.
access to all sources and platforms of information and data, and availability of these information and data in various Accessible Formats;
8.
awareness and information on the rights granted to Persons with Disabilities
under the legislation in force;
9.
use of bank services on an equal footing with others and ability to freely, easily, and conveniently conduct and follow up bank transactions;
10.
participation in sports activities and various recreational events; and
11.
any other rights or services prescribed in the implementing bylaw of this
Law.
b.
The implementing bylaw of this Law will prescribe the standards, measures, and procedures that ensure that Persons with Disabilities enjoy
the rights and avail of the services provided for in paragraph (a) of this Article.
a.
For the purpose of achieving the objectives of this Law and ensuring
that Persons with Disabilities enjoy their rights and avail of services on an equal footing with others,
the Concerned Entities, each within its own jurisdiction, must exercise the duties
and powers required for achieving the objectives of this Law and the duties and
powers assigned to them under this Law and its implementing bylaw.
b.
In addition to the duties and powers referred to in paragraph (a) of
this Article, a Concerned Entity must, within its own jurisdiction:
1.
develop and implement the policies, plans, and initiatives related to
promoting the rights of Persons with Disabilities, and observe these rights in all the efforts, work, and activities of the Concerned
Entity;
2.
provide information on all the services, products, programmes, and commodities
offered by the Concerned Entity in Accessible Formats;
3.
comply with the Inclusive Design standards
with
a view to enabling Persons with Disabilities to access all the
services, programmes, products, and commodities provided by the Concerned Entity;
4.
train its employees and other staff members on how to best interact with the Persons with Disabilities working
or dealing with the Concerned Entity;
5.
enhance work environment by providing Reasonable Accommodations and
Accessible Formats in order to enable its employees with disability to efficiently perform their
duties without incurring additional burdens
or facing
discrimination;
6.
conduct research and studies that support decision-making, policy making, and inclusive programme
planning
in the Emirate; and
7.
exercise any other duties or powers stipulated in the implementing bylaw
of this Law.
a.
A permanent committee named
the “Higher Committee for Protection of the Rights of People of Determination” will
be formed pursuant to a resolution of the Chairman of the Executive Council. The
Committee will comprise representatives of the Concerned Entities and of Persons with Disabilities.
b.
The Committee will have the duties and powers to:
1.
undertake general supervision of the affairs of Persons with Disabilities
in the Emirate;
2.
approve the policies, plans, and initiatives that ensure the protection
of the rights of Persons
with Disabilities and their enjoyment of the rights prescribed by this Law, the resolutions issued
in pursuance hereof, and other legislation in
force; submit these policies, plans, and initiatives to the Executive Council for final approval; and
follow up the implementation of the same by the Concerned Entities;
3.
propose legislation related to the protection of the rights of Persons
with Disabilities and their social integration;
4.
ensure integration and coordination between the Concerned Entities and
other entities concerned with the affairs of Persons with Disabilities or the entities
represented in the Committee;
5.
form sub-committees and specialised executive work teams supporting
the work of the Committee;
6.
conduct research and development and consider the best practices contributing to promoting the
rights of Persons with Disabilities;
7.
approve the rules, standards, and priorities related to the basic needs
for providing care to, and the Habilitation of, Persons with Disabilities and for integrating them
into society;
8.
build the required partnerships with the private sector in the Emirate
in order to ensure that the private
sector contributes to enabling Persons with Disabilities to exercise
their rights and avail themselves of the privileges granted to them;
9.
review the periodic reports submitted to it by the Concerned Entities
in respect of obstacles preventing the implementation of the policies, initiatives,
and legislation in force in the Emirate concerning Persons with Disabilities; and
find the appropriate solutions to overcome these obstacles; and
10.
exercise any other duties or powers assigned to it by the Chairman of
the Executive Council.
No natural or legal person may perform any of the following acts:
1.
committing any form of Discrimination Based on Disability against a
Person with Disability, including preventing him from using Reasonable Accommodations or refusing to provide
any services he is entitled to;
2.
using any words, expressions, or descriptions, or engaging in any act intended to demean a Person with Disability
or his abilities, or degrade him in any manner whatsoever;
3.
exploiting a Person with Disability or abusing him in any manner whatsoever;
4.
neglecting to provide the Basic Care or necessary protection to a Person with Disability by his Care-giver;
5.
inflicting torture or harsh, inhuman, or degrading treatment or punishment
on a Person with Disability;
6.
conducting medical or scientific experiments on a Person with Disability
without his free consent or the consent of his Care-giver;
7.
failing to comply with the policies, regulations, or instructions of the Concerned Entities; or
8.
failing to report any act of Abuse, Neglect, or Exploitation of a Person with Disability.
a.
A Person with Disability, his Care-giver, or any person witnessing any
incident
of Abuse, Discrimination,
Exploitation of the Person with Disability, or any violation or denial of the rights granted
under this Law, its implementing bylaw, or the relevant legislation in force, must
report the same to the Concerned Entities, each within its own jurisdiction. This includes filing complaints and grievances
in respect of any act of infringement on the rights of Persons with Disabilities
under this Law, the resolutions issued in pursuance hereof, or other legislation in force.
b.
Where a report, complaint, or grievance is filed by any person other
than the Care-giver of the Person with Disability, the Concerned Entities must not
disclose the identity of the person who filed the report, complaint, or grievance
without first obtaining his written consent.
c.
The CDA will establish a system dedicated to Persons with Disabilities
and their Care-givers to enable them to report the violations committed against
Persons with Disabilities. The implementing bylaw of this Law will determine the
components of this system and the procedures for reporting such violations.
d.
The Concerned Entities, each within its own jurisdiction, will create official channels to receive the reports,
complaints, and grievances that fall within their jurisdiction under this Law and
its implementing bylaw; and will develop effective processes to inform community
members about these channels
and to address
these reports, complaints,
and grievances.
a.
The CDA will issue special cards to the persons registered on the database of Persons with Disabilities in the Emirate
so that they can be identified and assisted in availing of the services, facilities,
and privileges to which they are entitled under this Law,
the its implementing bylaw, and other legislation in
force.
b.
The implementing bylaw of this Law will determine the form of the identification
card of Persons with Disabilities, the procedures for its issuance, and the details
that must be included on the card.
The Concerned Entities, each within its own jurisdiction, may decide
to grant, pursuant to the legislation
applicable to them, additional privileges and facilities to Persons with Disabilities
in accordance with the relevant approved budgets.
a.
Without prejudice to any stricter penalty stipulated in any other legislation,
a Person who commits any act constituting a violation of the provisions of this
Law and the resolutions issued in pursuance hereof will be punished by the fines
prescribed by the implementing bylaw of this Law.
c.
In addition to the penalty of a fine, the CDA may take one or more of
the following measures against the violator:
1.
suspend the violator from conducting his activity for a period not exceeding six (6) months;
and/ or
2.
revocation of the violator’s licence by the concerned licensing authority.
d.
The administrative penalties prescribed by this Law will not prejudice
the right to impose any other penalty prescribed in the legislation in force against
any Person who commits any prohibited act that affects a Person with Disability.
The Employees of the Concerned Entities nominated pursuant to the relevant
resolutions of the officials in charge of these entities, each within his own powers, will have the capacity of law enforcement
officers to record the acts committed in breach of the provisions of this Law, its
implementing bylaw, and the resolutions issued in pursuance thereof. In this capacity, they may issue the necessary violation reports;
and, where necessary, seek the assistance of police personnel.
Any affected party may submit a written grievance to the official in
charge of a Concerned Entity against any decisions, procedures, or measures taken
against him under this Law, its implementing bylaw, and the resolutions issued in
pursuance thereof within thirty (30) days of being notified in writing of the contested decision, procedure, or measure.
The grievance will be determined, within thirty (30) days from the date of its submission,
by a committee formed by the official in charge of the Concerned Entity 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 officials in charge of the Concerned Entities, each within his own
jurisdiction, will issue the resolutions required for the implementation of this
Law. These resolutions will be published in the Official Gazette of the Government
of Dubai.
a.
This Law supersedes the above-mentioned Law No. (2) of 2014.
b.
Any provision in any other legislation is hereby repealed to the extent
that it contradicts the provisions of this Law.
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 3 January 2022
Corresponding to 30 Jumada al-Ula 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.