Legislation Details
- Full Title: Federal Law on the Rights of Senior Emiratis
- Law Type: Federal Law
- Law Number: [19] of 2022
- Issued Date: 19 Dec 2019
- Effective Date: 30 Jun 2020
- Official Gazette: No. 669
- Sector: Family and Community
- Status: Active
- Number of Articles: 62
- Chapters/Parts: 0
- Amendments: 0
Summary
This Federal Law aims to ensure that senior Emirati citizens enjoy their fundamental rights and freedoms, access relevant information and services, actively participate in society, and receive necessary care and support. It outlines the obligations of the Ministry of Community Development, local authorities, and other relevant bodies to provide for the independence, privacy, protection, and enabling environment of senior Emiratis. The law also specifies the rights of senior Emiratis to health care, social services, preferential treatment, and confidentiality of personal information. (Federal Law on the Rights of Senior Emiratis, 2022, Arts. 2-12) The law is significant for businesses and individuals in the UAE, as it establishes a comprehensive framework to safeguard the rights and wellbeing of senior Emiratis. It imposes obligations on families, service providers, and government entities to ensure senior Emiratis are cared for, protected from abuse, and integrated into society. Failure to comply can result in administrative and criminal penalties, making this law an important consideration for any organization or individual dealing with senior Emiratis. (Federal Law on the Rights of Senior Emiratis, 2022, Arts. 19-21, 26)
What is the scope and purpose of this law?
The purpose of this Federal Law is to ensure that senior Emirati citizens, defined as any UAE citizen aged 60 or above, enjoy their fundamental rights and freedoms as guaranteed by the Constitution and other legislation. It aims to enable senior Emiratis to actively participate in society, receive necessary care and support, and have their standing and social role appreciated. (Federal Law on the Rights of Senior Emiratis, 2022, Art. 2) The law applies to all senior Emirati citizens within the United Arab Emirates, regardless of their physical, mental, or financial capabilities. It outlines the obligations of the Ministry of Community Development, local authorities, and other relevant bodies to provide for the rights and wellbeing of senior Emiratis. (Federal Law on the Rights of Senior Emiratis, 2022, Arts. 1, 3)
What are the key definitions under this law?
The law provides the following key definitions:
- State: The United Arab Emirates
- Ministry: The Ministry of Community Development
- Minister: The Minister of Community Development
- Competent Authority: The local authority in charge of senior Emiratis' affairs
- Senior Emiratis: Any UAE citizen aged 60 or above
- Senior Emirati who is Unable to Take Care of Himself: Any senior Emirati who is unable to fully or partially secure their own livelihood and basic needs due to age or lack of financial, physical, mental, or psychological capabilities
- Senior Emiratis' Family: Any person with criminal accountability who is the wife, husband, son, daughter, brother, or sister of a senior Emirati, in the absence of a son or daughter able to care for the senior citizen
- Caregiver: A person recorded by the Ministry or Competent Authority, or appointed by the court, who is able to care for a senior Emirati unable to care for themselves
- Service Provider: Any person who provides a direct service, paid or unpaid, to a senior Emirati unable to care for themselves
- Violence: Verbal abuse or deliberate use of force against senior Emiratis
- Abuse: Any form of degrading treatment of senior Emiratis, such as discrimination, abandonment, negligence, exploitation, blackmail, or psychological abuse
- Senior Emiratis' Establishment: A government or private establishment licensed for caring for or accommodating senior Emiratis
- Alternative Family: A family entrusted to care for and manage the affairs of a senior Emirati unable to care for themselves, other than their own family
- Relevant Bodies: Non-governmental associations, public welfare organizations, and private sector establishments in charge of senior Emiratis' affairs
(Federal Law on the Rights of Senior Emiratis, 2022, Art. 1)
What are the main obligations and requirements?
The law imposes the following key obligations: The Ministry of Community Development, in cooperation with local authorities and relevant bodies, must: 1. Develop a general plan for improving, developing, and caring for senior Emiratis. (Federal Law on the Rights of Senior Emiratis, 2022, Art. 3(1)) 2. Enhance cooperation with regional and international organizations regarding senior Emiratis. (Federal Law on the Rights of Senior Emiratis, 2022, Art. 3(2)) 3. Establish a database of senior Emiratis, their caregivers, violations against them, and related research. (Federal Law on the Rights of Senior Emiratis, 2022, Art. 3(4)) 4. Provide appropriate methods to quickly receive and process senior Emiratis' complaints. (Federal Law on the Rights of Senior Emiratis, 2022, Art. 3(5)) The Ministry and local authorities must also: 1. Take measures to enable senior Emiratis to manage their own affairs and maintain their privacy. (Federal Law on the Rights of Senior Emiratis, 2022, Art. 4) 2. Protect senior Emiratis from violence or abuse and provide assistance to victims. (Federal Law on the Rights of Senior Emiratis, 2022, Art. 5) 3. Enable senior Emiratis to access services through an enabling environment, obtain suitable housing and employment, and engage in education and volunteering. (Federal Law on the Rights of Senior Emiratis, 2022, Art. 6) 4. Provide social services such as senior care establishments, clubs, and mobile units. (Federal Law on the Rights of Senior Emiratis, 2022, Art. 7) 5. Ensure senior Emiratis receive preventative and health care, including health insurance coverage. (Federal Law on the Rights of Senior Emiratis, 2022, Art. 8)
What licensing, registration, or approval requirements exist?
The law requires the Ministry and local authorities to establish and supervise public senior Emiratis' establishments, as well as license or approve private establishments of this type. (Federal Law on the Rights of Senior Emiratis, 2022, Art. 3(7)) Additionally, an "Alternative Family" entrusted to care for a senior Emirati unable to care for themselves must obtain prior approval from the Ministry or local authority. (Federal Law on the Rights of Senior Emiratis, 2022, Art. 15(1)) The law does not specify any other licensing, registration, or approval requirements.
What rights and protections does this law provide?
The law grants the following key rights and protections to senior Emiratis: 1. The right to manage their own affairs, including property, finances, residence, and health, with full independence and privacy. (Federal Law on the Rights of Senior Emiratis, 2022, Art. 4) 2. The right to protection from violence or abuse, and the right to receive appropriate assistance if exposed to such acts. (Federal Law on the Rights of Senior Emiratis, 2022, Art. 5) 3. The right to access an enabling and safe environment, suitable housing, education and employment opportunities, and appropriate means of transportation. (Federal Law on the Rights of Senior Emiratis, 2022, Art. 6) 4. The right to receive preventative and health care, including health insurance coverage. (Federal Law on the Rights of Senior Emiratis, 2022, Art. 8) 5. The right to have their personal information kept confidential. (Federal Law on the Rights of Senior Emiratis, 2022, Art. 9) 6. The right to receive preferential treatment in various matters, such as court proceedings, housing applications, and access to services. (Federal Law on the Rights of Senior Emiratis, 2022, Art. 10)
Which authorities or bodies are responsible for enforcement?
The key authorities and bodies responsible for the enforcement of this law are: 1. The Ministry of Community Development: The ministry is responsible for developing policies, plans, and programs for senior Emiratis, as well as coordinating with local authorities and relevant bodies. (Federal Law on the Rights of Senior Emiratis, 2022, Art. 3) 2. The Competent Authority: The local authority in charge of senior Emiratis' affairs, which must coordinate with the Ministry and relevant bodies to implement the law's provisions. (Federal Law on the Rights of Senior Emiratis, 2022, Arts. 3-8, 14-15) 3. Relevant Bodies: Non-governmental associations, public welfare organizations, and private sector establishments involved in senior Emiratis' affairs, which must cooperate with the Ministry and local authorities. (Federal Law on the Rights of Senior Emiratis, 2022, Arts. 3, 4, 5, 6, 7) The law also empowers judicial officers to enforce the law's provisions and impose penalties for non-compliance. (Federal Law on the Rights of Senior Emiratis, 2022, Art. 28)
What are the penalties for non-compliance?
The law specifies the following penalties for non-compliance: 1. Administrative penalties: - Closure of the senior Emiratis' establishment for a period not exceeding one year. (Federal Law on the Rights of Senior Emiratis, 2022, Art. 19(1)) - Suspension of the senior Emiratis' establishment's license for a period not exceeding one year. (Federal Law on the Rights of Senior Emiratis, 2022, Art. 19(2)) - A fine of not less than AED 50,000 and not more than AED 500,000. (Federal Law on the Rights of Senior Emiratis, 2022, Art. 19(3)) 2. Criminal penalties: - Imprisonment for a period not exceeding one year, and/or a fine of not less than AED 50,000 and not more than AED 500,000. (Federal Law on the Rights of Senior Emiratis, 2022, Art. 21(1)) - Imprisonment for a period not exceeding two years, and/or a fine of not less than AED 100,000 and not more than AED 1,000,000, in case of recidivism. (Federal Law on the Rights of Senior Emiratis, 2022, Art. 26) The law does not specify any other penalties.
What fees, charges, or financial provisions are specified?
The law states that the Cabinet or local governments may issue a decision exempting or reducing the fees of administrative services provided by federal and local government bodies to senior Emiratis. The decision shall define the controls of such exemption or reduction. (Federal Law on the Rights of Senior Emiratis, 2022, Art. 10(2)) Apart from this, the law does not specify any other fees, charges, or financial provisions.
What exemptions or exceptions apply?
The law does not explicitly provide any exemptions or exceptions to its scope or application.
How are disputes resolved under this law?
The law does not specify any dispute resolution mechanisms or procedures for resolving disputes that may arise under its provisions.
What are the key deadlines and time limits?
The law does not stipulate any specific deadlines or time limits for the implementation of its provisions or the fulfillment of any obligations.
How does this law interact with other UAE legislation?
The law references and interacts with the following other UAE federal legislation: - The Constitution - Federal Law No. (1) of 1972, on the Competences of Ministries and the Powers of Ministers - Federal Law No. (17) of 1972, on the Nationality and Passports - Federal Law No. (8) of 1980, Regulating Labour Relations - Federal Law No. (5) of 1985, Enacting the Civil Transactions Law - Federal Law No. (3) of 1987, Enacting the Penal Code - Federal Law No. (11) of 1992, Enacting the Civil Procedure Law - Federal Law No. (35) of 1992, Enacting the Criminal Procedure Law - Federal Law No. (7) of 1999, Enacting the Law of Pensions and Social Insurances - Federal Law No. (2) of 2001, on the Social Security - Federal Law No. (28) of 2005, on Personal Status - Federal Law No. (9) of 2006, on the Regulations of Population Register and Identity Card - Federal Law No. (29) of 2006, concerning the Rights of Persons with Special Needs - Federal Law No. (2) of 2008, on Non-Governmental Organizations and Foundations of Public Welfare - Federal Decree-Law No. (11) of 2008, on Human Resources in the Federal Government - Federal Law No. (10) of 2009, on Sheikh Zayed Housing Programme - Federal Law No. (18) of 2009, Regulating the Registration of Births and Deaths - Federal Law No. (4) of 2013, Regulating the Notary Public Profession - Federal Decree-Law No. (2) of 2015, Combating Discrimination and Hatred - Federal Decree-Law No. (4) of 2016, on the Medical Liability - Federal Decree-Law No. (15) of 2016, Establishing the Emirates Schools Establishment - Federal Decree-Law No. (16) of 2016, Establishing the Emirates Health Services Establishment - Federal Law No. (13) of 2018, on Voluntary Work (Federal Law on the Rights of Senior Emiratis, 2022, Preamble)
When did this law come into effect?
This Federal Law on the Rights of Senior Emiratis was issued on 19 December 2019 and came into effect on 30 June 2020, as per the information provided in the law's metadata. (Federal Law on the Rights of Senior Emiratis, 2022)
Source Documents
This article analyses Federal Law on the Rights of Senior Emiratis 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.