11 December 2023 10:00 PM

Persons with Disabilities Law and its implementing regulations

Thursday، 19 December 2019 - 12:01 PM

Implementing regulations

Prime Minister decision No. 2733 /2018 to issue the implementing regulations of the Law of the Rights of Persons with Disabilities.

After reviewing the constitution, the Civil Code, the Penal Code, the Criminal Procedure Code, law No. 103 /1991 regarding the reorganization of Al-Azhar and the bodies it covers, the Customs Law promulgated by Law No. 66 / 1993,

and the Universities Organization Act promulgated by Law No. 49 / 1972,

Law No. 53 of 1973 on the state budget,

And the Social Security Law promulgated by Law No. 79 /1970,

And the Law on Retirement, Insurance and Pensions for the Armed Forces promulgated by Law No. 90 /1970,

And the Local Administration Law promulgated by Law No. 43 /1979;

The Education Law promulgated by Law No. 139 of 1981 and its implementing regulations,

The Child Law promulgated by Law No. 12 / 1999 and its implementing regulations,

And the Labor Law promulgated by Law No. 2 /2003,

And the Law on the Central Bank and the Banking System and Cash issued by Law No. 88 / 2003,

The Income Tax Law promulgated by Law No. 91/2005 and its implementing regulations,

And the Building Law promulgated by Law No. 119 /2008,

And the Private Universities Law promulgated by Law No. 13 /2009,

The Social Security Law promulgated by Law No. 137 / 2010 and its executive regulations,

Law No. 8 / 2010 regarding organizing lists of terrorist entities and terrorists,

And the Civil Service Law promulgated by Law No. 81 / 2019 and its executive regulations,

And the Law of organizing of the work of assemblies and other institutions operating in the private sector issued by Law No. 70/2017,

The Comprehensive Health Insurance Law issued by Law No. 2 / 2018,

And the Law on the Rights of Persons with Disabilities, promulgated by Law No. 10/ 2018,

And the Law on Organizing Work in University Hospitals promulgated by Law No. 19 / 2018,

The Social Housing and Real Estate Finance Support Law promulgated by Law No. 93 / 2018,

And the Law of the National Media Commission issued by Law No. 178 / 2018,

The National Press council Law promulgated by Law No. 179 / 2018,

The Press and Media Regulation Law and the Supreme Council for Media Regulation promulgated by Law No. 180 / 2018,

And the Presidential Decree No. 4/00 / 2007 regarding the approval of the International Convention on the Rights of Persons with Disabilities, signed in New York on 30/3/2007, after consulting of the Central Bank;

After consulting the National Council for Persons with Disabilities,

And after consulting the National Council for Childhood and Motherhood, and after taking the opinion of the National Council for Women;

And after consulting the National Council for Human Rights, and after taking the opinion of the National Media Authority,

Having taken the opinion of the Supreme Council of Al-Azhar,

and after the Council of Ministers' agreement,

And upon the opinion of the State Council, 

 

Law number 10 of 2018 in its second article states that : persons with disabilities includes those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others;... 

 

Law No. (10) of 2018 , article 4 includes the general principles established in the Convention on the Rights of Persons with Disabilities, as follows:

 

1- Non-discrimination on the basis of disability, type of disability or gender of the person with disabilities, and to ensure de facto equality in all human rights and fundamental freedoms.

2- Create conditions and respect differences to accept persons with disabilities as part of human diversity.

3- Respect for the evolving capacities of children with disabilities, respect for their right to preserve their identity and to express their views freely.

4- The right of persons with disabilities to express their views freely and to give due weight to these views when making the decisions in all matters affecting them to ensure their full and effective participation in society.

5- The right of persons with disabilities and their families to obtain all information that concerns them from all entities.

6- To enable persons with disabilities to participate in the conduct of public affairs on an equal basis with others, to provide a safe environment for persons with disabilities and protect them from all forms of exploitation.

7- Integrating in all policies and programs what protects and promotes the rights of persons with disabilities.

 

Law number 10 of 2018 embodied all the requirements of article (4) of the Convention and the most important general obligations as it included all the legislative, administrative and procedural aspects for the enforcement of the rights of persons with disabilities; civil, political, economic, social and cultural. Article (28) of the law imposes on the State an obligation to include the rights and needs of persons with disabilities fairly and in a balanced manner in programs and policies to combat and reduce poverty.

 

Law No. 10 of 2018 on Persons with Disabilities also provides a solid foundation for the protection of children with disabilities. Article (4) includes the State's obligation to protect the rights of persons with disabilities, to respect the evolving capacities of children with disabilities, to preserve their identity and to express their views freely on all matters affecting them, with due regard to their views according to their age and maturity, on an equal basis with other children, and to provide information and assistance in the exercise of that right in proportion to their disability and age. The Act also gives particular attention to the education of children with disabilities in the third chapter in articles 10 to 17.

 



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