Draft law promulgating the Law on the Rights of Persons with Disabilities
Sunday، 20 October 2019 02:13 PM
In the name of the people,
The Prime Minister,
Criminal Procedure Law;
Customs Law promulgated by Law no. 66 of 1963;
Law on the Regulation of Universities, promulgated by Law no. 49 of 1972;
Law no. 53 of 1973 on the State’s General Budget;
Law no. 39 of 1975 on the Rehabilitation of Persons with Disabilities;
Social Insurance Law, promulgated by Law no. 79 of 1975;
Education Law, promulgated by Law no. 139 of 1981;
Child Law, promulgated by Law no. 12 of 1996 and its amendments;
Labor Law, promulgated by Law no. 12 of 2003;
The Central Bank, Banking System and Money Law, promulgated by Law no. 88 of 2003;
Income Tax Law, promulgated by Law no. 91 of 2005;
Building Law, promulgated by Law no. 119 of 2008;
Law on Regulation of Private and National Universities, promulgated by Law no. 12 of 2009;
Social Security Law, promulgated by Law no. 137 of 2010;
Law no. 106 of 2013 on the regulation of Prohibition of Conflict of Interests of State Officials;
Civil Service Law, promulgated by Law no. 81 of 2016;
Law on Non-Governmental Organizations and Societies, promulgated by Law no. 84 of 2002;
Presidential Decree no. 400 of 2007, approving the International Convention on the Rights of Persons with Disabilities, signed in New York on 30 March 2007;
Upon the approval of the Council of Ministers; and
Based on the discretion of the State Council;
Decided that the following draft law shall be passed to the House of Representatives: Article (1) The provisions of the accompanying Law on the Protection and Promotion of the Rights of Persons with Disabilities and the Pygmies shall apply, and the Law no. 39 of 1975 on the Rehabilitation of Persons with Disabilities shall be revoked. All provisions contrary to the provisions of this Law shall be repealed and the provisions of this law shall apply to resident foreigners with disabilities in accordance with the principle of reciprocity. Article (2) The Prime Minister shall issue the executive regulation of the accompanying Law within six months from the date of its enforcement. The regulations and decisions in force at this date shall remain effective in consistency with the provisions of this Law until the promulgation of the Regulation and the necessary decisions. All relevant agencies in terms of the provisions of the accompanying law shall adjust their conditions in accordance with these provisions within a period not exceeding one year from the date of its enforcement. Article (3) This Law shall be published in the Official Gazette and shall come into effect from the day following the date of its publication. This Law shall receive the Seal of the State and shall be implemented as one of its laws. Law on the Rights of Persons with Disabilities
The provisions of this Law shall apply to persons with disabilities in order to promote and protect their rights, ensure the full and equal enjoyment of all human rights and fundamental freedoms, promote their inherent dignity, eliminate discrimination on the grounds of disability, integrate them into society and secure a decent life for them.
A person with disability is any person who has long-term full or partial physical, mental, intellectual or sensory impairments which hinder the full and effective participation in society on an equal basis with other persons.
The Executive Regulation shall determine the cases in which a person is considered disabled, in terms of gender, degree and extent of disability stability.
In application of the provisions of this Law, the following terms and expressions shall have the meanings ascribed thereto hereunder:
- The Council: National Council of Persons with Disabilities.
- Disorder: Structural, functional or psychological deficiency affecting a part, an organ, or a system in the human body.
- Dwarfism: Persons whose height is not more than 140 cm are deemed dwarfs regardless of the medical reason. The dwarfs shall have all the rights of persons with disabilities since discovery of their condition.
- Prevention: The medical, psychological, social, educational, regulatory, environmental, media and other measures aimed to prevent or reduce the disorder, its early detection and minimize its negative impacts.
- Empowerment: To remove barriers, facilitate and avail opportunities for persons with disabilities to develop their abilities and potentials so as to be able to obtain their rights, promote their responsibilities, participate in planning and decision-making of their affairs and contribute to community development.
- Care: The necessary services provided to persons with disability in proportion to the type, degree and extent of the disability stability; their economic and social conditions; their needs, tendencies, choices and rights.
- Social protection: Persons with disabilities shall enjoy all their rights on an equal basis with other persons, including their right to social security, decent standard of living, their participation in economic programs and policies that contribute strongly to poverty reduction, elimination of inequality, promotion of social stability and cohesion so as to meet their needs through a secure income, access to health care and inclusion within the community, as well as protecting them from crises and disasters so as to achieve economic stability and social justice.
- Communication: To send, receive and exchange appropriate means of communication among persons with disabilities, and between them and others without disabilities, including the specific enhanced means, modern technology means, and languages of various forms and types, which shall be determined by the Executive Regulation of this Law.
- Discrimination on the basis of disability: means and limitation, restriction, exclusion, nullification or derogation of any human rights or fundamental freedoms established in the Constitution or in any other legislation due to disability.
- Accessibility: The necessary equipment or procedures for access to an inclusive environment and for adapting to and aligning with the environmental conditions, physiologically, socially or informationally;, and providing the necessary equipment, tools and aids to ensure that persons with disabilities exercise their rights and freedoms on an equal basis with other persons.
- Reasonable facilitating arrangements: Temporary procedures, measures or adjustments aimed at achieving harmony in the event of lack of full accessibility, with the view of ensuring that persons with disabilities enjoy and exercise all human rights and fundamental freedoms on an equal basis with other persons until full accessibility is achieved.
- Inclusion: Employing persons with disabilities in all services, activities, public facilities and means of education, on an equal basis with other persons in society, without exclusion in various aspects of life , through appropriate policies, plans, measures and programs, community awareness and effective participation.
- Rehabilitation: Multi-component and appropriate services for every person with disability aimed at enabling the person with disability and his/her first-degree relatives to recover, realize and develop his/ her physical, mental, intellectual, professional, social, psychological or economic capabilities to ensure his/ her independence and full participation in all aspects of life on an equal basis with other persons.
- Certificate of Rehabilitation: The certificate provided for in Article (18) of this Law, which is awarded to the person with disability who has completed rehabilitation; the profession to which he has been qualified for is registered, along with the degree of rehabilitation, the type and degree of impairment, and the health fitness in that profession.
- Community Rehabilitation: A strategy in the framework of community development that is based on rehabilitation of persons with disabilities, enabling them to exercise their rights and freedoms, secure their inclusion in society; and providing them with equal opportunities in society through integration of their efforts, the efforts of their families as well as the members of society and organizations to help in this inclusion. This also entails the operationalization and utilization of all appropriate and available services in the surrounding environment and community.
- Register of persons with disabilities ( who request services): A register, established in each ministry and its directorates in the governorates, in which the service request data of persons with disabilities, who are interested and entitled to receive one of the State services, is recorded.
- Register of persons with disabilities (who seek rehabilitation): A register, established by the social rehabilitation agencies to register the names of persons with disabilities who request rehabilitation. The register shall include data on the classification of the type, degree and percentage of disability, as well as the occupations to which they are qualified and their professional abilities.
- Register of persons with disabilities who obtain the rehabilitation certificate: A register, established by the social rehabilitation agencies to register the names of persons with disabilities who have obtained the rehabilitation certificates.
- Register of persons with disabilities who seek employment: A register, established by the Ministry of Manpower and the administrative bodies under its purview, assigned to register the names of persons with disabilities who seek employment. This register shall include data on the level of rehabilitation or academic qualifications, employment, the appropriate workplace for the applicant, the assigned work, date of employment, and follow-up reports.
- Register of Persons with Disabilities assigned to work: A register, in each public or private establishment to which persons with disabilities are assigned, indicating the names, data and occupations of these persons, the assigned work, the date of joining the establishment and follow-up reports.
- Registry of Persons with Disabilities who seek residence: A register, established by the Ministry of Housing and housing directorates in the governorates, in which the data of persons with disabilities who desire to and are eligible for state-owned housing units is registered.
- Quality standards: Standard specifications that suit the needs of persons with disabilities, according to the type and degree of disability, in all the services provided and means of accessibility.
- Engineering Code: The principles, criteria, controls and special requirements, which shall be available in the buildings and public facilities, to facilitate use by persons with disabilities.
The State shall protect the rights of persons with disabilities stipulated in this Law or in any other laws, particularly the following rights:
1. Non-discrimination on the basis of disability, type of disability or gender of persons with disabilities, ensuring effective equality in terms of enjoyment of all human rights and fundamental freedoms in all fields, and elimination of all barriers and impediments that prevent enjoyment of these rights.
2. Effective equality in terms of the enjoyment of human rights and fundamental freedoms, as well as in the civil, social, economic, humanitarian and political fields.
3. Accommodate the conditions and respect differences in the acceptance of persons with disabilities as part of human diversity so as to provide equal opportunities to them and other persons.
4. Ensure their rights under the Convention on the Rights of Persons with Disabilities and other relevant international instruments in force in Egypt and not to engage in any act or practice contrary to the provisions of these conventions.
5. Respect their freedom to make their own choices at their own will.
6. The right of persons with disabilities to freely express their views and to give due consideration of these views when making the decision in all matters that impact them, ensuring their full and effective participation in society.
7. Respect the developing capacities of children with disabilities and their right to preserve their identity and express their views freely on all relevant matters, with due consideration of their views according to their age and maturity on an equal basis with other children; provide information and help them exercise this right proportionate with their disability and age.
8. Secure equal opportunities between persons with disabilities and other persons.
9. Equality between men and women with disabilities.
10. Persons with disabilities shall not be deprived of the right to marry and to establish a family with full consent.
11. Persons with disabilities and their families shall have the right to have access to all relevant information from all agencies. and facilitating access of The public associations and organizations in the field of their protection shall easily access information on the services they provide to persons with disabilities in accordance with the governing law.
12. Secure the right of persons with disabilities to life, survival and development to the fullest extent possible by facilitating the necessary measures within the framework of respect for human dignity, so as to provide the highest possible standard of living – food, housing, health, social, and psychological care…etc. The purpose is to enable them to exercise the right to education, learning, employment and recreation, as well as the right to use public facilities and services; access to information, freedom of expression and opinion, and other fundamental public and private rights and freedoms.
13. Build and develop the capacities of agencies dealing with persons with disabilities, including governmental and nongovernmental organizations, in order to enable them to communicate and deal with persons with disabilities in all fields; encourage the training of specialists and staff working with persons with disabilities in the field of rights recognized in this Convention, in order to provide assistance and services secured by these rights; raise community awareness of the rights of persons with disabilities; promote respect for these rights; and strengthen awareness about the capacities and contributions of persons with disabilities themselves.
14. Take the necessary measures to ensure that persons with disabilities have possible access and use of the surrounding physical environment, means of transportation, information, communication and technology, enhancing their capacities and skills; conduct and promote research related to the rights of persons with disabilities that reinvigorate their abilities and skills; ensure their access to means of communication and information technology, and promote their availability and use; and give priority to affordable technologies.
15. Enable persons with disabilities to participate in public affairs on an equal basis with other persons and encourage their participation in the formulation of policies and programs, including children with disabilities, especially in relation to their own affairs, whether by themselves or through their families or representative organizations.
16. Provide the safe environment for persons with disabilities, and protect them from being subjected to economic, political or commercial exploitation, violence, torture, abuse, negligence, humiliating treatment or anything that may have negative impact on their rights. This is in addition to providing the necessary security and protection proportionate with their capabilities, including protection against epidemics, disasters and other emergency conditions. The State shall adopt procedures to protect them against the dangers they may face in all circumstances, particularly in cases of grave risk, and investigate the abuse they are subjugated to.
17. Freedom of persons with disabilities in movement and choice of their places of residence.
18. Their right to obtain citizenship in accordance with the provisions of the governing laws on an equal basis with other persons.
19. Provide rehabilitation, training, awareness, counseling and support for the families of persons with disabilities, as the natural place of life of the person with disability and provide the suitable conditions to extend care within these places.
20. Integrate the protection and promotion of the rights of persons with disabilities in all policies and programs.
The Ministry of Social Solidarity, in coordination with the Ministry of Health and Population, shall issue a disability and integrated services ID card for all persons with disabilities and prepare a medical profile based on an approved medical diagnosis. The data contained in this card shall be valid in proving the type and degree of disability before all concerned governmental bodies, with which the persons with disabilities deal, whether they are governmental or non-governmental, including the investigation and trial authorities. This card shall be renewed every seven years, unless there is a development in the condition of the disability that requires inclusion.
Persons with disabilities, who do not have health insurance services, shall have the right to receive all these services under the disability card and according to the governing Law. This is a new addition to services provided to persons with disabilities.
The Ministry of Health and Population, in cooperation with the Ministry of Social Solidarity and the Council, shall establish a database for persons with disabilities, to be used in planning, implementing and monitoring the provision of health services, observing the confidentiality of data.
The Ministry of Health and Population, as well as other ministries and agencies concerned shall:
1. Develop and update early detection programs for all types of disorders and disabilities, and ways of prevention and reduction of their incidence.
2. Provide early intervention services.
3. Provide medical rehabilitation services in all health care centers.
4. The concerned governmental agencies and contracted nongovernmental entities shall provide all specialized preventive and therapeutic health services to persons with disabilities. They shall also align their facilities with the engineering code, which should be available in buildings and public facilities for the use of persons with disabilities.
5. Provide public health services, psychological rehabilitation programs, reproductive health services and pre-marriage examinations under the disability card.
The Ministry of Health and Population and the General Authority for Health Insurance, in coordination with the Ministry of Social Solidarity and the Council, shall abide by the standards of various medical interventions for medical treatment and rehabilitation of persons with disabilities. They shall also provide equipped health centers for diagnosis and appropriate interventions, as well as specialized and well -trained medical staff and technical assistants in the various fields of medical treatment with different disabilities, along with observance of quality standards in relation to all medicines, therapeutic foods, prosthetic devices, medical aids and services provided to persons with disabilities.
Persons with different disabilities shall be exempted from all the fees required for the Medical Commission on the rules for obtaining cars exempted from customs duties and taxes, upon re-examination of the person with disability and adoption of the measures required for the renewal of the car previously obtained by the same person to be replaced by another car. The Ministry of Health shall establish subsidiary units to the Medical Commission to conduct medical examinations for persons with disabilities and provide services in various governorates.
Subject to the provisions of Articles (53) and (76-bis) of the Child Law no. 12 of 1996 and its amendments, the Ministries of Education and Technical Education, and Higher Education and Scientific Research and Al-Azhar Education Institutions, as well as concerned ministries and bodies shall take the necessary measures to ensure that persons with disabilities and their children without disabilities receive inclusive education in schools, classes, universities, institutes, governmental and nongovernmental institutions available to other persons, which are close to their places of residence in light of the degree and type of disability, provided that they meet the standards of quality, safety and protection.
They shall also eliminate the illiteracy of those who missed education according to programs, plans and methods that align with their circumstances and abilities, including the provision of special education suitable for exceptional cases arising from the nature and percentage of disability.
Governmental and non-governmental education institutions shall apply the principle of equality between persons with disabilities and other persons. These institutions shall abide by the rules and policies of educational inclusion of persons with disabilities and provide equal educational opportunities suitable for all types and degrees of disabilities.
The educational curricula at all levels shall include the concepts of disability, awareness and education of the needs, conditions and rights of persons with disabilities, and ways to deal with them. It is prohibited to deprive any person with disability of education at all stages or refuse his/ her admission to these institutions due to disability. In case of violation, the concerned administrative authority shall alert the institution to eliminate the causes of violation within fifteen days from the date of notice. In case the violation is not eliminated within the above-mentioned period, the license shall be suspended for a period not exceeding 6 months. In the event that this violation is not eliminated, the license of the institution shall be withdrawn. The Executive Regulation shall determine the admission and enrollment criteria for persons with disabilities.
The admission rate for persons with disabilities shall not be less than 5% of the total admissions in the governmental and non-governmental educational institutions of all types, in cases where the number of applicants to the institution exceeds that percentage. The Executive Regulation of this Law shall determine the conditions, rules and procedures for admission of these children in these institutions.
The Ministry of Education and Technical Education, upon establishing and developing existing special education schools, shall abide by the modern scientific quality standards for these schools and the requirements of the engineering code. The Ministry shall also provide courses and curricula, teachers, trained specialists and qualified staff according to each disability. The Executive Regulation of this Law shall determine the rules and standards for establishing, developing and managing these schools, as well as the agencies in charge.
The State shall, in cooperation with civil society organizations, enable persons with disabilities to learn life skills and skills in the field of social development to facilitate their full participation in education and to take appropriate measures to facilitate learning methods using modern technology in the context of quality, safety and security standards; and provide appropriate methods of accessibility for all types of disability.
The competent Ministry of Higher Education and its affiliated institutions shall guarantee the right of persons with disabilities to higher education and postgraduate studies; shall allocate at least 10% of the places of residence in the university hostels, in cases where the number of applicants exceeds that percentage; and shall provide the equivalence certificates in accordance with the governing rules. The Ministry of Higher Education and its affiliated institutions shall provide reasonable facilitating arrangements, including distance learning. Any rules or conditions that prevent persons with disabilities from access to this right shall be prohibited.
The Ministry of Higher Education shall establish colleges and institutes specialized in preparing and graduating cadres capable of working in the field of disability of various types.
Without prejudice to the provisions of the Child Law promulgated by Law no. 12 of 1996, the State shall provide vocational and occupational training opportunities for persons with disabilities according to their needs using modern technology and comprehensive inclusion methods to achieve maximum independence while ensuring quality, security and safety within vocational training institutions, as well as all means of spatial and technological accessibility.
The Ministry of Social Solidarity institutions shall provide the necessary institutions for rehabilitation, training, tools and products to assist persons with disabilities without any charges or against modest fees. It shall also provide the necessary training programs and specialized cadres. These institutions may not operate except with a license from the Ministry of Social Solidarity, which sets standards for the provision of services of all types, appropriate rehabilitation and the age segments for which the services are provided. The agencies established by the armed forces or the police shall be exempted from this requirement. The Executive Regulation of this Law shall determine the rules and procedures for access to the rehabilitation, training and equipment set forth in first paragraph.
The rehabilitation and training institutions shall hand over a rehabilitation certificate approved by the Ministry of Social Solidarity free of charge to the person with disability who has been rehabilitated and in case of lack of legal capacity, the certificate shall be handed over to his/ her parent, legal guardian or caregiver. The Executive Regulation shall determine the form and procedures required to obtain this certificate.
The State shall guarantee the right of persons with disabilities to equal opportunities for work commensurate with their academic qualifications and vocational training. It shall not subject them to any kind of forced labor; shall protect them in fair working conditions on equal basis with other persons; shall try to open labor markets inside the country and abroad; and promote their employment opportunities through entrepreneurship, comprehensive development activities and projects and the State’s social policies.
The State shall also provide adequate means of safety and security as well as facilitating arrangements for persons with disabilities in the workplace, and shall prohibit any discrimination or deprivation of any privileges or rights on the basis of disability in employment, type of work, promotions or remuneration.
The Ministry of Manpower and its administrative bodies shall establish a register for persons with disabilities who desire to work and help them access to appropriate employment opportunities according to the priority set forth by law. The data shall be recorded in a database in coordination with the Ministry of Social Solidarity and the Council. The Executive Regulation shall determine the conditions and procedures for registration in this register.
A person with disability shall be deemed to be fit as for the state of disability provided by the rehabilitation certificate stipulated in this Law, in exception of the rules governing the medical fitness provisions.
The governmental, non-governmental and business sector agencies as well as every employer who has twenty workers or more, whether employed in one place or different places, regardless of the nature of their work, shall appoint at least 5% of the total staff from among persons with disabilities who are nominated by the Ministry concerned with labor affairs and its affiliated administrative agencies according to the register referred to in the previous Article. The Council shall coordinate with the competent ministry to monitor these authorities to ensure the abidance by the employment of the prescribed percentage, the working conditions and employment opportunities of persons with disabilities as well as all the obligations stipulated in this Law regarding employment of persons with disabilities.
In all cases, anyone who employs a person with disability shall notify the competent authority via registered letter against receipt regarding such recruitment within the first month of the date of employment.
Without prejudice to other tax exemptions prescribed by special laws, persons with disabilities, their employers or caregivers shall be granted the following benefits:
1. The amount of the personal exemption provided for in Article (13-1) of the Income Tax Law, promulgated by Law no. 91 of 2005, shall be increased by 50% of this amount to each person with disability, the first- and- second –degree family caregiver, or the person who actually takes care of him/ her. The Executive Regulation shall determine the rules and regulations governing this matter.
2. The employer who employs persons with disabilities, exceeding the 5% referred to in the previous Article, shall have the right to increase the percentage of personal exemption stipulated in Article (13-1) of the Income Tax Law promulgated by Law no. 91 of 2005 by 5% for each employee in excess of the percentage allocated for the employment of persons with disabilities.
3. Any person with disability who has a small business that constitutes a source of income for him/ her and his/ her family shall be exempted from the commercial and industrial profits tax for a period of ten years under the integrated service card for persons with disabilities. The Executive Regulation shall determine the regulating rules and procedures in this respect.
The working hours in all governmental and nongovernmental agencies shall be reduced by one paid hour per day for employees with disabilities or the caregivers of the first and second degree relatives.
These agencies shall provide flexible operating systems on working hours and days and the appropriate remuneration, where persons with disabilities may choose from among these systems according to their conditions. The Executive Regulation shall determine the details of these systems.
Persons with disabilities shall be provided with monthly cash assistance in accordance with the provisions of the Social Security Law promulgated by Law no. 137 of 2010. The Executive Regulation shall specify the eligibility criteria of persons with disabilities for the referred to aid.
Persons with disabilities, with limited income, who meet the conditions and requirements determined by the Executive Regulation of this Law, may obtain an appropriate unit of the housing units established or subsidized by the State. The State shall allocate a percentage of not less than 5% of these housing units for persons with different disabilities and the Ministry of Housing and the directorates of housing in the governorates shall establish a record for the registration of the data of those applying for one of residential units owned by these agencies. The Executive Regulation of this Law shall set the conditions, rules and procedures for access of the person with disabilities to this right.
In exception of the provisions of the Social Insurance Law no. 79 of 1975, persons with disabilities shall be entitled to combine two pensions for themselves, the father, mother, husband or wife and without a maximum limit. They shall have the right to combine the pension they receive and whatever salary they get. The State Treasury shall bear this difference. The Executive Regulation shall set the controls of this provision.
Persons with disabilities in the age of military service recruitment shall receive special treatment in the military service recruitment premises as well as in military medical commission regarding their exemption from the military service and receiving the appropriate exemption certificate in accordance with the rules and procedures set forth in the decision of the Minister of Defense.
The State shall include the rights and needs of persons with disabilities, in a fair and balanced way, in poverty reduction programs and policies, as well as in its sustainable development programs. The implementation of such programs and policies shall be carried out without discrimination on the basis of disability and on an equal basis with other persons.
The administrative authorities concerned with planning and organizational affairs and all other competent authorities set forth in the Building Law promulgated by Law no. 119 of 2008, as amended, shall comply with the requirements of the Egyptian Engineering Code for designing the exterior spaces and buildings for the use of persons with disabilities. This shall apply upon issuing licenses for new buildings and development of existing buildings, in a way that guarantees the smooth use and access of the persons with disabilities to public and private buildings and facilities as well as educational and commercial buildings, cinemas, halls, restaurants, cafeterias, hospitals, therapeutic buildings, roads, sidewalks, bridges and tunnels, along with their facilities in accordance with the provisions of the abovementioned Building Law. The Executive Regulation shall determine the forms of facilities and methods of provision.
The State, ministries responsible for transport and other concerned agencies shall establish the necessary systems to facilitate and avail the transportation and transfer of persons with disabilities, including the allocation of seats in all means of transport of all classes, categories and types, reducing their fares by 50% of their paid value for persons with disabilities and their assistants through using the means of technological accessibility in the means of transportation.
The following shall be exempted from all taxes, fees and expenses of any type:
1. Permits for establishment of any buildings of any kind that is permanently allocated to serve persons with disabilities, provided that the value of taxes and fees plus the value of the interest shall be refunded according to the price administered by the Central Bank of Egypt if the exempted property or building was disposed to a person without disability, to serve any other person as of the date of disposition or in case of being misused for a purpose other than the intended purpose of these properties.
2. Licenses to modify or renovate an existing building with the purpose to facilitate its use by persons with disabilities within the limits of the value of such works only.
3. Equipment, materials, educational and medical materials, aids, machinery, special tools, prosthetics and assistive devices for persons with disabilities, if the importer is the person with disability for his/ her personal use, or an agency or an association concerned with providing such services in accordance with the provisions of the Law regulating the work of associations and other public institutions in the field of civil work, promulgated by Law no. 70 of 2017.
4. Individual and group means of transport for the use of persons with disabilities under the same conditions stipulated in item (3), provided that the exemption shall be designated for the person with disability, regardless of the type of his/her disability, or his representative, for one means of transport every five years. Only the person with disability, whose health condition so permits, his/ her legal deputy or his insured personal driver, may use or drive these means of transport. A power of attorney, or a primary or final sale documents may not be made or used for a purpose other than the specified purpose, except after payment of all due taxes and fees at the date of disposition. The cars of the persons with disabilities shall have distinguished number plates. The Executive Regulation of this Law shall set the rules and procedures for exemption provided for in items (3 & 4) of this Article in coordination with the Ministry of Finance.
5. Cases brought before courts of various types and degrees, which involve or being filed by persons with disabilities, their legal representatives or the Council, arising from the application of the provisions of this Law or any other law relating to the protection of the rights of these persons because of their disability.
The Ministry of Justice, the judiciary, and its affiliated bodies shall be assigned to prepare the courthouses and render accessible for the persons with disabilities in a manner commensurate with their disabilities, and shall provide all services in an accessible manner in accordance with the laws on criminal procedures and civil proceedings.
The decisions for such facilities shall be issued by the Minister of Justice and the judicial authorities within three months from the date of issuance of this Law.
All banks, banking entities, real estate registry offices and notary public offices shall prepare their offices and make accessible to persons with disabilities in a manner commensurate with their disabilities; and shall provide all banking services in a convenient and accessible manner. They shall also establish a special system that facilitates banking transactions according to the type and degree of disability.
All governmental and non-governmental media shall provide the languages necessary to enable persons with disabilities and facilitate communicating with information materials and participation therein. Same shall advertise all services provided by public and private bodies. The media, of whatever type, shall broadcast material which present persons with disabilities in a positive manner and respect their inherent dignity. The Executive Regulation shall set the rules and procedures for licensing the provision of the languages necessary to enable persons with disabilities and the competent authority that issues such licenses.
The person with disability, whether accused, victimized or a witness at all stages of investigation, prosecution and execution, shall have the right to special humanitarian treatment commensurate with his condition and needs. He/she shall have the right to protection, health and social assistance, as well as specialized technical assistance when necessary. He/ she shall have a lawyer to defend him/her in the investigation and trial stages. The law shall provide him/her with the facilities necessary to enable him/her to express his/her defense in the manner prescribed in the Executive Regulation.
The data contained in the disability card shall be deemed valid after validation of the said card upon taking any legal action against the person with disability in the stages of arrest, detention, investigation and trial without appearing before any other party to ascertain the disability registered in this card.
The Council shall be notified immediately of the arrest of any person with disability. The competent authorities and the Council shall provide all means of medical and social assistance, technical, professional and legal assistance, including a psychologist, a lawyer, and a specialist physician to be seconded, if necessary.
The State shall undertake all reasonable arrangements and facilities for the transfer of the detained persons with disabilities and provide the accessibility code in all places of detention, prisons and all other punitive institutions. The implementation of the freedom-restricting penalties imposed on persons with disabilities shall be carried out in separate private places to be regulated by a decision issued by the competent Minister supervising such premises.
The State shall ensure that persons with disabilities enjoy all the political rights similar to other persons. The concerned agencies shall take the procedures necessary for candidacy and voting processes in all elections and referendums of all types as well as the tools that facilitate the participation of persons with disabilities in these processes, including the right to choose their assistants or attendants.
The State shall guarantee the necessary freedom for persons with disabilities to establish or join the organizations or disability-specific or regional unions in accordance with the provisions of the Law, ensuring their representation at the local and international levels. Political parties, civil society organizations, federations and trade unions shall facilitate and encourage the participation of persons with disabilities in all aspects of their activities with appropriate representation.
The competent ministries and authorities shall make available and facilitate the participation of persons with disabilities in cultural, recreational and media activities; and shall prepare places for the display and practice of these activities. They shall also provide cultural products in the languages and means appropriate for each person with disability against reduced price. The competent ministries and authorities shall create opportunities for development of their creative, artistic and intellectual capacities; develop plans and programs to discover talented persons; recognize their own cultural and linguistic hobbies; and support artistic cultural activities, exhibitions, and dissemination of the works of distinguished artists.
The State shall provide and facilitate sports and recreational activities for persons with disabilities; take measures to provide sports and entertainment venues so as to enable them to visit such venues; provide methods and means to facilitate their access to training opportunities and participation in the activities mentioned above; and provide trained human resources, the necessary tools and playgrounds to ensure their participation in games, national and international activities and forums.
The Ministries concerned with tourism and archeology affairs shall support and create the cultural, community, spatial and technological environment to activate the tourism of persons with disabilities and improve the level of tourism services provided to them in all forums and tourist places, in order to enable them to enjoy and visit these places, through activation of the accessibility code, technologically, spatially and culturally as well as the training of tourist guides on the sign language and the use of posters in Braille method inside the tourist places. This shall be in addition to tourist artistic presentations, sound and light shows so that persons with disabilities may watch and enjoy. They shall also support tourist and artistic festivals for persons with disabilities within Egypt and abroad.
The competent cultural and sports authorities shall allocate 5% of their general assemblies to persons with disabilities in the fields of culture and sports.
Without prejudice to any more severe penalty provided for in any other law, the offenses provided for in the following articles shall be punishable by the penalties prescribed therein.
Subject to the provisions of the Child Law no. 12 of 1996, as amended, a person and a child with disability shall be at risk in any situation that threatens the respect of his/her personal dignity, self-independence and discrimination against him/her due to disability in the following cases:
1. If his/her security, morals, health or life are in danger.
2. Detaining and isolating a person with disability without legal support or refraining from providing medical, rehabilitation, community and legal care.
3. Beating children with disabilities or offending them by any other means in facilities of placement, rehabilitation, nurseries, and educational institutions; or subjecting the children with disabilities to sexual assault, abuse, threat or exploitation.
4. Using therapeutic methods or medical experiments that illegally harm the person or the child.
5. Presence of children and persons with disabilities in classes in the upper floors of (public and private) schools without providing accessibility and preparations necessary for their own conditions.
6. Lack of the necessary treatment for children with disabilities, as well as food necessary for children with mental disabilities, especially cases of metabolism (diet).
7. Lack of spatial, security and guidance preparations for persons with disabilities in their workplaces, and exposing them to humiliation or incitement to violence, hatred and contempt.
8. Compelling persons with disabilities in special institutions to be disposed of as persons with disabilities other than those cases that require such placement.
Any person who subjects a person with disability to one of the hazardous cases set forth in Article (44) of this Law shall be imprisoned for a period not less than six months and a fine not less than five thousand Egyptian Pounds and no more than fifty thousand Egyptian Pounds or one of these penalties.
A person, who illegally emasculates, sterilizes or aborts a person with disability or incites for the same, shall be punished with aggravated imprisonment.
Any person shall be punished by imprisonment for a period not more than ten years and a fine not less than two thousand Egyptian Pounds and not more than ten thousand Egyptian Pounds, if he/she:
1. Forged the disability and integrated services ID card for persons with disabilities or a certificate of rehabilitation or used them though cognizant of forgery.
2. Made an incorrect statement, submitted to the competent authority; concealed information with the intent to unjustifiably take advantage of any rights or privileges prescribed for persons with disabilities under this Law or other laws.
Any caregiver for a person with disability who committed gross negligence, which resulted in his/her injury or harm, shall be punished by imprisonment or fine not less than one thousand Egyptian Pounds and not more than ten thousand Egyptian Pounds.
The penalty shall be imprisonment for a period not more than ten years if such negligence resulted in the death of the person with the disability.
Any person shall be punished by imprisonment for a period not less than six months or a fine not less than ten thousand Egyptian Pounds and not more than thirty thousand Egyptian Pounds, if he/she:
1. Impersonated the status of a person with disability or helped others to impersonate that status.
2. Unlawfully appropriated the property of the person with disability, which he/she inherited.
3. Without prejudice to the rights of good faith, the offender shall be sentenced to a refund of what he unlawfully obtained.
Any person, who conceals data or information about the presence of a person with disability from the concerned census authorities, shall be imprisoned for a period not less than three months and a fine not less than ten thousand Egyptian Pounds, or one of the two penalties. The penalty shall be doubled in case of recurrent violation.
Any person, who presented, published or broadcasted, by any means of publication, any data, information, pictures, drawings or films for indecent acts that may harm or expose persons with disabilities or promote incorrect concepts that may offend them, shall be punished by a fine, not less than ten thousand Egyptian Pounds and not more than two hundred thousand Egyptian Pounds. The publisher or presenter shall exercise the right of reply and correction by the victim or his/her representative in the same time and place and by the same means.
Any person who violates the provisions of Articles (21, 23, 24, 27, 28 and 32) of this Law shall be punished by imprisonment for a period not more than one year or by a fine not less than ten thousand Egyptian Pounds and not more than thirty thousand Egyptian Pounds or by one of these two penalties.
The court may rule out that the employer or the person in charge of the agency responsible for the employment of persons with disabilities shall pay a monthly salary to the person with disability who has been nominated for employment and such employer or the agency refrained from employing him/her, with the amount equal to the wage or salary prescribed or estimated for the job to which he/she was nominated for less than a year from the date of the violation.
This obligation shall be suspended if the person with disability obtains a suitable job in the same agency or any other agency. Any person who violates this provision shall be punished by imprisonment for a period not less than six months and not more than two years and a fine not less than ten thousand Egyptian Pounds and not more than thirty thousand Egyptian pounds or one of these two penalties. The fines shall be multiplied according to the number of violation cases.
Any person involved in depriving any child with disability from education shall be punished by a fine not less than five thousand Egyptian Pounds and not more than ten thousand Egyptian Pounds.
Any person who violates the provisions of Articles (11 and 12) of this Law shall be punished by a fine not less than five hundred Egyptian Pounds and not more than two thousand Egyptian Pounds. The fines shall be multiplied according to the number of violation cases.
The person responsible for the actual administration of the legal person shall be jointly responsible for fulfillment of the financial penalties and compensations provided in accordance with the provisions of this Law if the violation was committed by one of his employees in his name and for his interest, and it is proven that the same was aware of the violation. Disregard of the management duties has contributed to the perpetration of the offence.