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UAE

Federal Law Concerning Rights of Persons with Special Needs

Analysis of Federal Law Concerning Rights of Persons with Special Needs (Federal Law, ) — covering scope, key definitions, obligations, penalties, and interaction with other UAE legislation.

Legislation Details

  • Full Title: Federal Law Concerning Rights of Persons with Special Needs
  • Law Type: Federal Law
  • Law Number: 29 of 2006
  • Issued Date: 13 Aug 2006
  • Effective Date: 26 Aug 2006
  • Official Gazette: No. 453
  • Sector: Family and Community
  • Status: Active
  • Number of Articles: 78
  • Chapters/Parts: 5
  • Amendments: 1

Summary

This Federal Law regulates the rights and protections afforded to persons with special needs in the United Arab Emirates. The law aims to secure equality and non-discrimination for persons with disabilities, and requires the state to provide them with comprehensive health, rehabilitation, education, employment, and cultural services. The law establishes specialized committees to oversee the implementation of these rights and services, and imposes penalties for non-compliance. (Federal Law Concerning Rights of Persons with Special Needs, 2006) This legislation is significant for businesses and individuals in the UAE, as it mandates accessibility, inclusion, and equal opportunities for persons with disabilities across all sectors. Employers, educational institutions, and service providers must comply with the law's requirements to avoid penalties, while persons with special needs are empowered with a comprehensive set of rights and protections. The law's practical impact is to foster a more inclusive and accessible society for all UAE residents. (Federal Law Concerning Rights of Persons with Special Needs, 2006)

What is the scope and purpose of this law?

The purpose of this law is to secure the rights of persons with special needs and provide them with all necessary services within the limits of the state's capabilities. The law aims to ensure equality and non-discrimination for persons with disabilities in all of the state's legislation, policies, and programs. (Federal Law Concerning Rights of Persons with Special Needs, 2006, Art. 2-3) The law applies to all UAE nationals with disabilities, defining a "person with special needs" as any individual suffering from a total or partial, permanent or temporary deficiency or disorder in their physical, sensory, mental, communicative, educational, or psychological abilities, to the extent that it reduces their ability to meet their normal requirements compared to their peers without special needs. (Federal Law Concerning Rights of Persons with Special Needs, 2006, Art. 1)

What are the key definitions under this law?

The law provides the following key definitions:

  • State: The United Arab Emirates
  • Ministry: The Ministry of Social Affairs
  • Minister: The Minister of Social Affairs
  • Competent authorities: Federal and local authorities responsible for applying the provisions of this law
  • The disable: Any person suffering from a total or partial, permanent or temporary deficiency or disorder in their physical, sensory, mental, communicative, educational, or psychological abilities
  • Card: A personal card granted by the ministry to persons with disabilities, considered an official document to ensure their rights and services
  • Discrimination: Any distinction, exclusion or restriction due to special needs that results in prejudicing, canceling, or preventing the enjoyment or exercise of rights

(Federal Law Concerning Rights of Persons with Special Needs, 2006, Art. 1)

What are the main obligations and requirements?

The law imposes the following key obligations on the state: 1. Ensure equality and non-discrimination for persons with disabilities in all legislation, policies, and programs. (Federal Law Concerning Rights of Persons with Special Needs, 2006, Art. 3) 2. Prepare awareness programs for persons with disabilities, their families, and the local environment regarding their rights and available services. (Federal Law Concerning Rights of Persons with Special Needs, 2006, Art. 4) 3. Provide legal assistance for persons with disabilities whose freedom is restricted for any legal reason. (Federal Law Concerning Rights of Persons with Special Needs, 2006, Art. 6) 4. Secure the exercise of the right of expression and communication for persons with disabilities. (Federal Law Concerning Rights of Persons with Special Needs, 2006, Art. 7) 5. Establish care, training, and qualification centers for persons with disabilities. (Federal Law Concerning Rights of Persons with Special Needs, 2006, Art. 9)

What rights and protections does this law provide?

The law grants the following key rights and protections to persons with disabilities in the UAE: 1. The right to comprehensive health and rehabilitation services provided at the expense of the state. (Federal Law Concerning Rights of Persons with Special Needs, 2006, Art. 10) 2. The right to equal educational opportunities at all educational institutions, including the provision of specialized curricula and assistive technologies. (Federal Law Concerning Rights of Persons with Special Needs, 2006, Art. 12-15) 3. The right to work and occupy public jobs, with disabilities not precluding nomination or selection. (Federal Law Concerning Rights of Persons with Special Needs, 2006, Art. 16-19) 4. The right to participate in cultural, sports, and recreational activities, with the state required to develop the creative and intellectual abilities of persons with disabilities. (Federal Law Concerning Rights of Persons with Special Needs, 2006, Art. 20) 5. The right to the protection of their correspondence, medical reports, and personal matters. (Federal Law Concerning Rights of Persons with Special Needs, 2006, Art. 8)

Which authorities or bodies are responsible for enforcement?

The law establishes the following specialized committees to oversee the implementation of its provisions: 1. The "Specialized Committee for Health Services and Rehabilitation for the Disables", chaired by the Undersecretary of Health and responsible for providing diagnostic, therapeutic, and rehabilitation services, as well as designing programs for early detection and intervention. (Federal Law Concerning Rights of Persons with Special Needs, 2006, Art. 11) 2. The "Specialist Committee for the Education of Disables", chaired by the Undersecretary of Education and responsible for designing educational programs, developing curricula, and regulating matters related to the education of persons with disabilities. (Federal Law Concerning Rights of Persons with Special Needs, 2006, Art. 15) 3. The "Specialized Committee for the Employment of Disables", chaired by the Undersecretary and responsible for drawing employment policies, encouraging the private sector to employ persons with disabilities, and protecting them from exploitation. (Federal Law Concerning Rights of Persons with Special Needs, 2006, Art. 19) 4. The "Specialized Committee for the Sports, Culture and Recreation of Disables", chaired by the Undersecretary and responsible for developing the creative and intellectual abilities of persons with disabilities and enhancing their participation in cultural and sports activities. (Federal Law Concerning Rights of Persons with Special Needs, 2006, Art. 21)

What are the penalties for non-compliance?

The law specifies the following penalties for non-compliance: 1. Imprisonment for a period not exceeding one year, and/or a fine not exceeding AED 10,000 for anyone who discriminates against a person with disabilities or prevents them from exercising their rights. (Federal Law Concerning Rights of Persons with Special Needs, 2006, Art. 33) 2. Imprisonment for a period not exceeding six months, and/or a fine not exceeding AED 5,000 for anyone who discloses the personal information of a person with disabilities without their consent. (Federal Law Concerning Rights of Persons with Special Needs, 2006, Art. 33) 3. Imprisonment for a period not exceeding three months, and/or a fine not exceeding AED 3,000 for anyone who fails to comply with the provisions of this law or the decisions issued in implementation thereof. (Federal Law Concerning Rights of Persons with Special Needs, 2006, Art. 33)

How does this law interact with other UAE legislation?

The law references and interacts with several other UAE federal laws, including: - Federal Law No. 1 of 1972 concerning the jurisdictions of ministries and powers of ministers - Federal Law No. 11 of 1972 concerning compulsory education - Federal Law No. 12 of 1972 organizing clubs and societies operating in the field of youth welfare - Federal Law No. 4 of 1976 establishing and organizing the UAE University - Federal Law No. 9 of 1976 concerning delinquent juveniles and the homeless - Federal Law No. 8 of 1980 regulating labor relations - Federal Penal Law No. 3 of 1987 - Federal Traffic Law No. 21 of 1995 - Federal Law No. 25 of 1999 concerning the General Youth and Sports Authority (Federal Law Concerning Rights of Persons with Special Needs, 2006)

When did this law come into effect?

This Federal Law Concerning Rights of Persons with Special Needs was issued on 13 August 2006 and came into effect on 26 August 2006, the date of its publication in the Official Gazette No. 453. (Federal Law Concerning Rights of Persons with Special Needs, 2006)

Source Documents

This article analyses Federal Law Concerning Rights of Persons with Special Needs 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.

Written by Sushant Shukla

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