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قانون حماية المستهلك في الإماراتLaw No. (3) of 2022 Concerning the Rights of Persons with Disabilities in the Emirate of Dubai

قانون دبي·3 of 2022

تاريخ الإصدار
3 يناير 2022
ساري المفعول من
3 يناير 2022
المواد
16
آخر مزامنة
15 يونيو 2026
تنزيل PDFالمصدر الرسمي

النص على مستوى المادة

المواد الرئيسية

16 مواد

النص الإنجليزي معروض — الترجمة العربية قيد الإعداد.

  1. 1

    Title of the Law: the Law

    المادة 1

    Article (1) This Law will be cited as “Law No. (3) of 2022 Concerning the Rights of Persons with Disabilities in the Emirate of Dubai”. Definitions

  2. 2

    Title of the Law: the Law

    المادة 2

    Article (2) 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.

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    Law No. (3) of 2022 Concerning the Rights of Persons with Disabilities in the Emirate of Dubai Page 3 of 11 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.

    -- 3 of 11 --

    Law No. (3) of 2022 Concerning the Rights of Persons with Disabilities in the Emirate of Dubai Page 4 of 11 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

    -- 4 of 11 --

    Law No. (3) of 2022 Concerning the Rights of Persons with Disabilities in the Emirate of Dubai Page 5 of 11 exclusion from these activities, with a view to supporting their contribution to the development of the Emirate. Objectives of the Law

  3. 3

    المادة 3

    Article (3) 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. Rights of Persons with Disabilities

  4. 4

    المادة 4

    Article (4) 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;

    -- 5 of 11 --

    Law No. (3) of 2022 Concerning the Rights of Persons with Disabilities in the Emirate of Dubai Page 6 of 11 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. Duties and Powers of Concerned Entities

  5. 5

    المادة 5

    Article (5) 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;

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    Law No. (3) of 2022 Concerning the Rights of Persons with Disabilities in the Emirate of Dubai Page 7 of 11 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. Committee

  6. 6

    المادة 6

    Article (6) 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;

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    Law No. (3) of 2022 Concerning the Rights of Persons with Disabilities in the Emirate of Dubai Page 8 of 11 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. Prohibited Acts

  7. 7

    المادة 7

    Article (7) 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. Management of Complaints and Reports

  8. 8

    المادة 8

    Article (8) 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

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    Law No. (3) of 2022 Concerning the Rights of Persons with Disabilities in the Emirate of Dubai Page 9 of 11 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. Identification Cards

  9. 9

    المادة 9

    Article (9) 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. Additional Privileges and Facilities

  10. 10

    المادة 10

    Article (10) 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. Violations and Administrative Penalties

  11. 11

    المادة 11

    Article (11) 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

    -- 9 of 11 --

    Law No. (3) of 2022 Concerning the Rights of Persons with Disabilities in the Emirate of Dubai Page 10 of 11 issued in pursuance hereof will be punished by the fines prescribed by the implementing bylaw of this Law. b. The amount of the fine prescribed by the implementing bylaw of this Law will be doubled upon repetition of the same violation within one (1) year from the date of the previous violation. A fine must not exceed one hundred thousand dirhams (AED 100,000.00). 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. Law Enforcement

  12. 12

    المادة 12

    Article (12) 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. Grievances

  13. 13

    المادة 13

    Article (13) 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.

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    Law No. (3) of 2022 Concerning the Rights of Persons with Disabilities in the Emirate of Dubai Page 11 of 11 Issuing Implementing Resolutions

  14. 14

    المادة 14

    Article (14) 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. Supersession and Repeals

  15. 15

    المادة 15

    Article (15) 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. Publication and Commencement

  16. 16

    المادة 16

    Article (16) 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.

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ملاحظة: هذا التشريع مأخوذ من بوابة تشريعات دبي (dlp.dubai.gov.ae). والنص العربي الأصلي هو النسخة المعتمدة.

مواد هذا القانون(16)
  1. 1Article (1) This Law will be cited as “Law No. (3) of 2022 Concerning the Rights
  2. 2Article (2) The following words and expressions, wherever mentioned in this Law,
  3. 3Article (3) This Law aims to: 1. integrate Persons with Disabilities into all ar
  4. 4Article (4) a. Without prejudice to the rights of Persons with Disabilities unde
  5. 5Article (5) a. For the purpose of achieving the objectives of this Law and ensur
  6. 6Article (6) a. A permanent committee named the “Higher Committee for Protection
  7. 7Article (7) No natural or legal person may perform any of the following acts: 1.
  8. 8Article (8) a. A Person with Disability, his Care-giver, or any person witnessin
  9. 9Article (9) a. The CDA will issue special cards to the persons registered on the
  10. 10Article (10) The Concerned Entities, each within its own jurisdiction, may decid
  11. 11Article (11) a. Without prejudice to any stricter penalty stipulated in any othe
  12. 12Article (12) The Employees of the Concerned Entities nominated pursuant to the r
  13. 13Article (13) Any affected party may submit a written grievance to the official i
  14. 14Article (14) a. The Chairman of the Executive Council will issue the implementin
  15. 15Article (15) a. This Law supersedes the above-mentioned Law No. (2) of 2014. b.
  16. 16Article (16) This Law will be published in the Official Gazette and will come in
اختصار للقراءة

اسأل LEXAI عن 3 of 2022.

إجابات بلغة إنجليزية بسيطة، مع استشهاد يعود إلى المادة الدقيقة. استخدام مجاني، بدون تسجيل.

تقدّم LEXAI معلومات قانونية عامّة، لا استشارة قانونية. لحالتك المحدّدة، تواصل مع محامٍ معتمد في الإمارات.

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