Legislation Details
- Full Title: Cabinet Resolution Regarding the Non-Governmental Institutions Providing Rehabilitation for Persons with Disabilities "People of Determination"
- Law Type: Cabinet Resolution
- Law Number: No. (54) of 2020
- Issued Date: 04 Aug 2020
- Effective Date: 17 Aug 2020
- Official Gazette: No. 684
- Sector: Family and Community
- Status: Active
- Number of Articles: 37
- Chapters/Parts: 0
- Amendments: 1
Summary
This Cabinet Resolution regulates the licensing and operation of non-governmental institutions that provide rehabilitation services for persons with disabilities, referred to as "people of determination", in the United Arab Emirates. The law sets out the requirements for obtaining a license to operate such an institution, the services that must be provided, the obligations of licensed institutions, and the penalties for non-compliance. The purpose is to ensure high-quality, standardized rehabilitation services for people with disabilities across the UAE. This law is important for businesses and individuals involved in the disability services sector, as it provides a clear legal framework to establish and operate rehabilitation centers. (Cabinet Resolution Regarding the Non-Governmental Institutions Providing Rehabilitation for Persons with Disabilities "People of Determination", 2020, Art. 1-17)
What is the scope and purpose of this law?
The scope of this Cabinet Resolution is to regulate all non-governmental institutions providing rehabilitation services for persons with disabilities, referred to as "people of determination", operating in the United Arab Emirates. The purpose is to ensure these institutions meet certain requirements and provide standardized, high-quality rehabilitation services. The law applies to both profit and non-profit institutions. (Cabinet Resolution Regarding the Non-Governmental Institutions Providing Rehabilitation for Persons with Disabilities "People of Determination", 2020, Art. 2)
What are the key definitions under this law?
The law provides the following key definitions:
- Ministry: Ministry of Community Development
- Minister: Minister of Community Development
- Institution: Any non-governmental institution, profit or non-profit, that provides special education and supportive therapeutic services for persons with disabilities
- Person with Disability: A person suffering from a long-term or short-term physical, sensory, mental, communicative, educational or psychological deficiency or impairment
- Card of Person with Disability: A personal card granted by the Ministry for persons with disabilities (people of determination)
- Concerned Authorities: Local authorities concerned with licensing non-governmental institutions for rehabilitation of persons with disabilities
(Cabinet Resolution Regarding the Non-Governmental Institutions Providing Rehabilitation for Persons with Disabilities "People of Determination", 2020, Art. 1)
What are the main obligations and requirements?
The law imposes several key obligations on licensed institutions: 1. Not to provide any services other than those they are licensed for by the Ministry. (Cabinet Resolution Regarding the Non-Governmental Institutions Providing Rehabilitation for Persons with Disabilities "People of Determination", 2020, Art. 9(1)) 2. Not to submit any incorrect data, documents or information to the Ministry. (Cabinet Resolution Regarding the Non-Governmental Institutions Providing Rehabilitation for Persons with Disabilities "People of Determination", 2020, Art. 9(2)) 3. Obtain written consent from the Ministry before making changes to ownership, location, or establishing new branches. (Cabinet Resolution Regarding the Non-Governmental Institutions Providing Rehabilitation for Persons with Disabilities "People of Determination", 2020, Art. 9(3)) 4. Provide qualified administrative and technical staff according to standards set by the Ministry. (Cabinet Resolution Regarding the Non-Governmental Institutions Providing Rehabilitation for Persons with Disabilities "People of Determination", 2020, Art. 9(9)) 5. Provide rehabilitation and educational programs tailored to the abilities and skills of each person with a disability. (Cabinet Resolution Regarding the Non-Governmental Institutions Providing Rehabilitation for Persons with Disabilities "People of Determination", 2020, Art. 9(10))
What licensing, registration, or approval requirements exist?
To obtain a license to operate an institution providing rehabilitation services for persons with disabilities, the law requires: 1. The license applicant must be a UAE citizen or a legal entity established in the UAE. 2. The applicant must hold an academic qualification recognized in the UAE. 3. The applicant must be at least 25 years old and have full legal capacity. 4. The applicant must not have been convicted of a crime against honor or trust. 5. The institution must have an appropriate, independent headquarters that meets technical, engineering, health, and environmental requirements. 6. The applicant must obtain the required approvals from the relevant authorities. 7. The applicant must demonstrate the financial ability to operate the institution. The Ministry must decide on the license application within 30 days of submission. The license is valid for one year and renewable. (Cabinet Resolution Regarding the Non-Governmental Institutions Providing Rehabilitation for Persons with Disabilities "People of Determination", 2020, Art. 5-7)
What rights and protections does this law provide?
The law does not explicitly outline any specific rights or protections for persons with disabilities. However, it does require licensed institutions to provide rehabilitation and educational programs tailored to the abilities and skills of each person with a disability. (Cabinet Resolution Regarding the Non-Governmental Institutions Providing Rehabilitation for Persons with Disabilities "People of Determination", 2020, Art. 9(10))
Which authorities or bodies are responsible for enforcement?
The Ministry of Community Development is the main authority responsible for implementing and enforcing this law. The Ministry is tasked with: - Issuing licenses for institutions providing rehabilitation services - Inspecting and evaluating the activities, documents, and facilities of licensed institutions - Issuing decisions to cancel licenses in case of violations - Determining the standards and controls for providing rehabilitation services - Approving changes to the curriculum, plans, or facilities of licensed institutions (Cabinet Resolution Regarding the Non-Governmental Institutions Providing Rehabilitation for Persons with Disabilities "People of Determination", 2020, Art. 6, 8, 9, 11-12)
What are the penalties for non-compliance?
The law does not specify any penalties for non-compliance. It only states that the Ministry can decide to cancel the license of an institution in certain cases, such as failure to renew the license or if the Ministry finds a violation of the law's provisions. (Cabinet Resolution Regarding the Non-Governmental Institutions Providing Rehabilitation for Persons with Disabilities "People of Determination", 2020, Art. 8)
When did this law come into effect?
This Cabinet Resolution came into effect on 17 August 2020, as stated in the Effective Date. It was published in the Official Gazette No. 684 on 16 August 2020. (Cabinet Resolution Regarding the Non-Governmental Institutions Providing Rehabilitation for Persons with Disabilities "People of Determination", 2020, Effective Date)
How does this law interact with other UAE legislation?
This Cabinet Resolution references the following related UAE legislation: - The Constitution - Federal Law No. (1) of 1972 on the Competences of Ministries and the Powers of Ministers - Federal Law No. (29) of 2006 on Rights of Persons with Disabilities - Federal Law by Decree No. (8) of 2017 on VAT - Cabinet Resolution No. (7) of 2010 Concerning Non-Governmental Institutions Providing Care and Rehabilitation to Persons with Disabilities - Cabinet Resolution No. (11) of 2014 on Fees of Services Provided by Ministry of Community Development (Cabinet Resolution Regarding the Non-Governmental Institutions Providing Rehabilitation for Persons with Disabilities "People of Determination", 2020, Preamble)
Source Documents
This article analyses Cabinet Resolution Regarding the Non-Governmental Institutions Providing Rehabilitation for Persons with Disabilities “People of Determination” for legal research and educational purposes. For the purpose of interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text prevails. This does not constitute legal advice.