أسئلة قانونية إماراتية عامةقرار مجلس الوزراء بشأن اللائحة التنفيذية للقانون الاتحادي بشأن حقوق كبار المواطنين

Article (1) Definitions The definitions described in the Federal Law No. (9) of 2019 shall apply to this Resolution. Other than that, the following words and expressions shall have the meanings assigned thereto respectively, unless the context requires otherwise: Preferential Treatment : To give preference and priority to Senior Emiratis in terms of providing the services and processing of the transactions. Senior Emiratis Protection Unit : An organizational unit at the Ministry or the Competent Authority that is tasked with providing the protection mechanisms and measures for Senior Emiratis. Senior Emiratis Protection Specialist : A licensed person engaged by the Ministry or the Competent Authority, as the case may be, to safeguard

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Cabinet Resolution of 2021 Concerning the Executive Regulations of Federal Law of 2019 Concerning the Rights of Senior Emiratis 2 and protect the rights of Senior Emiratis within the scope of his competences described in this Resolution. The Law : Federal Law No. (9) of 2019 Concerning the Rights of Senior Emiratis.

Article (2) The Right to Protection In coordination with the Relevant Bodies, the Ministry and the Competent Authority shall provide appropriate assistance to Senior Emiratis who have been exposed to any form of violence or abuse as follows: 1. Assign a hotline at the Senior Emiratis Protection Unit at the Ministry or the Competent Authority for receiving reports on confirmed or suspected abuse or violence cases experienced by any Senior Emirati. 2. The report shall be analyzed and assessed by the Senior Emiratis Protection Specialist, and the extent of harm experienced by the Senior Emirati against whom the underlying violence or abuse is exercised shall be determined according to the relevant form, and the underlying key reasons shall be identified. 3. Appropriate solutions and measures shall be proposed as follows: a. Report to the police any of the cases that represent a crime penalized by the applicable legislation of the State. b. Refer the Senior Emirati who is a victim of abuse or violence to a healthcare facility to receive the necessary treatment, if required, so that such a healthcare facility shall draw up a medical report that describes his condition and indicates the type and impacts of the abuse incident, if necessary. c. Refer the Senior Emirati who is a victim of abuse or violence to a specialist rehabilitation center or to any other entity deemed appropriate by the Ministry or the Competent Authority, if necessary.

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Cabinet Resolution of 2021 Concerning the Executive Regulations of Federal Law of 2019 Concerning the Rights of Senior Emiratis 3 4. Develop plans and create solutions and suggestions to eliminate the causes and impacts of violation of the rights of any Senior Emirati or any assault against them in coordination with the caregiver of the same. 5. Disseminate the reporting procedures of abuse or violence cases against the Senior Emiratis to all governmental and nongovernmental social institutions and indicate their responsibility for reporting any confirmed or suspected case of abuse against them or any violation of their rights.

Article (4) Obligations of the Senior Emiratis’ Families The families of Senior Emiratis shall be required to: 1. Provide their food, drink and dress needs in proportion to their health condition. 2. Provide appropriate dwelling for them and equip the same with furniture in line with their needs. 3. Safeguard their physical, psychological and health safety. 4. Visit and communicate with them at their places of residence.

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Cabinet Resolution of 2021 Concerning the Executive Regulations of Federal Law of 2019 Concerning the Rights of Senior Emiratis 4 5. Cooperate with Senior Emiratis’ establishments and provide them with certified medical reports periodically or whenever needed. 6. Provide adequate protection to, and safeguard their property. 7. Manage their property if they are unable to take care of themselves according to the applicable legislation. 8. Provide their official identification documents and papers upon demand. 9. Have their names registered in the database of the Ministry or of the Competent Authority. 10. Refer any of them to the Ministry or the Competent Authority if they are unable to take care of themselves and the family is not able to provide financial and household care to them, in order to study their case and issue the necessary appropriate recommendation in respect of them.

Article (6) Standards and Facilities 1. The Ministry shall, in coordination with the relevant entities in the State, determine and apply the Emirates Code for Qualified Environment to the locations allocated for Senior Emiratis. 2. The caregiver shall avail of the following job facilities:

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Cabinet Resolution of 2021 Concerning the Executive Regulations of Federal Law of 2019 Concerning the Rights of Senior Emiratis 5 a. The priority to work on a flextime basis. b. The priority to perform a remote job in case there is an emergency affecting a Senior Emirati that requires the presence of an escort or caregiver. c. The priority to avail of part-time jobs. d. The priority to avail of an annual leave or an escort leave for medical treatment within or outside the State. e. Any other job facilities or privileges determined by the Ministry, the Competent Authority or the Government Entity hiring the caregiver employee. 3. The granting of job facilities described in Clause (2) of this Article shall be in conformity with the applicable legislation in the State, and the Government Entity concerned shall give priority to the interest of Senior Emiratis who are in dire need of care.

Article (7) Competences of Senior Emiratis Protection Unit The Senior Emiratis Protection Unit at the Ministry and the Competent Authority shall exercise the following competences: 1. Receive reports on any infringement of the rights of any Senior Emirati that are established according to the applicable legislation in the State. 2. Evaluate the reported case according to the form designed by the Ministry in coordination with the Competent Authority. 3. Take appropriate preventive measures to afford protection to Senior Emiratis on the matter of report, according to the provisions of the Law and this resolution. 4. Develop appropriate intervention plans, provide consultation and support to both families and Senior Emiratis who are vulnerable to abuse or violence and get them familiarized with the legal basis for handling such cases. 5. Coordinate with the entities specializing in providing the psychological, social and health treatment to Senior Emiratis who are vulnerable to abuse or violence.

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Cabinet Resolution of 2021 Concerning the Executive Regulations of Federal Law of 2019 Concerning the Rights of Senior Emiratis 6 6. Keep a watchful eye on Senior Emiratis who are vulnerable to abuse or violence, provide their needs, evaluate their situations and conduct periodic visits to them at their places of residence and work, if any, in order to ensure the availability of their appropriate care and support standards, identify the progress of their conditions and provide recommendations thereon in coordination with the relevant entities. 7. Disseminate the Senior Emiratis’ rights culture in order to minimize the cases of abuse and infringement that may befall them by all means possible. 8. Get involved in mediation and conciliation efforts between the Senior Emiratis and their families, caregivers or any third party, without prejudice to the Law and this Resolution. 9. Take note of the investigation procedures into the crimes committed against any Senior Emirati, if necessary. 10. Provide advice and guidance to the Senior Emiratis’ caregivers on the proper and sound care techniques, potential risks, and the means available to avoid risks. 11. Provide training and qualification for the Senior Emiratis’ caregivers. 12. Manage, record, and follow up on the alternative family. 13. Document the complaints relating to the Senior Emiratis and keep the data of each case in confidential records that can only be accessed by Senior Emiratis protection officers.

Article (8) Requirements to be Satisfied by Senior Emiratis Protection Units’ Staff 1. The Senior Emiratis Protection Specialist shall: a. Be a UAE national; b. Be of full legal competence; c. Be of good conduct and attitude and shall have never been convicted on the grounds of a crime involving moral turpitude or breach of trust, even if rehabilitated.

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Cabinet Resolution of 2021 Concerning the Executive Regulations of Federal Law of 2019 Concerning the Rights of Senior Emiratis 7 d. Be holder of a university degree in social, psychological or family sciences or a diploma in the said disciplines, with at least three years of experience in the social or health field. e. Successfully pas the Ministry’s training program for qualifying the Senior Emiratis Protection Specialist. 2. The Minister or Head of the Competent Authority may make exceptions to Paragraph (1.D) of this Article.

Article (9) Reconciliation Conditions and Controls 1. Reconciliation into the criminal cases involving the crimes described in the Law shall take effect in accordance with the following conditions and controls: a. Reconciliation shall take place prior to the issuance of a final judgment on the criminal case. b. Reconciliation shall be accepted by both the victim and the Ministry or the Competent Authority. c. Reconciliation shall take place in the presence of the Senior Emiratis Protection Specialist. d. A party to the reconciliation shall be a Senior Emirati. e. The perpetrator shall fill out the Undertaking Form designated by the Ministry or the Competent Authority. f. The injuries and harm described in the medical report shall not exceed 21-day treatment. g. No reconciliation has ever been made with the perpetrator on a past abuse incident. 2. The Ministry or the Competent Authority keep follow up on the matters of reconciliation with both the perpetrator and the abused Senior Emirati.

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Cabinet Resolution of 2021 Concerning the Executive Regulations of Federal Law of 2019 Concerning the Rights of Senior Emiratis 8