Law for the rights of persons
With disability in Egypt
This Law shall be executed through the rules of the accompanying Law which is related to the protection of the rights of persons with disability.
The minister of social solidarity shall issue the set of regulations for the accompanying Law. Also the other ministers shall issue the necessary decisions, within their specialties, for the implementation of this Law. This shall take place within a period of 6 months from the date of implementation of the Law. In the meantime, work will be continued concerning the other currently effective regulations and decisions until the required decisions and regulations will be issued, unless they contradict with the rules of the accompanying Law.
All parties concern with the rules of the accompanying Law, shall adjust their conditions according to these rules. This shall be done during a period of time; not longer than one year, starting from the date of the implementation of this law.
The Law of rehabilitation of disabled people, originating from the Law 39 for the year 1975, shall be nullified. Also, all rules that contrast with the rules of the accompanying Law shall be nullified too.
This Law shall be published in the public journal, and shall be implemented on the day after doing so.
Signature of the President or the republic
Law of the Rights of Persons with Disability
The definition of Person with Disability means every person who has a permanent or long term, absolute or partial, physical, mental or sensory deficiency which may prevent him or her from a total and effective participation in society, on equal bases with others. The set of regulations of this Law shall show all the cases through which a person shall be considered a person with disability, concerning the kind, the level and the extent of stability of his or her disability.
Through the implementation of this Law, its regulations and its issued decisions, the meaning of each of the following words and expressions will be shown as follows
The specialized ministry: the ministry of social solidarity.
The specialized minister: the minister of social solidarity.
The Council: the National Council for persons with disability.
The money box: the fund to ensure the rights of persons with disability
The Secretary General: the Secretary General of the National Council for persons with disability.
Disability: the inability to participate completely and effectively in society on equal bases with others, especially when dealing with different obstacles resulting from any deficiency.
Deficiency: The psychological, functional or structural defect which affects a part, an organ or a system of the human body.
Prevention: The medical and psychological, or educational, organizational, environmental, informational or other procedures that intend to avoid any deficiency.
Welfare: The needed services that are provided to a person with disability, in accordance with the kind, the level, the extent of stability of disability, social circumstances, needs, tendencies, choices and rights.
Empowerment: The removal of obstacles and the availability of opportunities that shall enable persons with disability to develop their capacities and capabilities in order to obtain their rights, carry on their responsibilities, participate in the planning and decisions making concerning their own affairs, and contribute in developing the society.
Communication: send, receive and exchange appropriate methods of making contact between persons with disability, and between them and other persons with no disability. These methods include the enhanced and specific methods, recent technical methods, all kinds of different languages such as: words language, sign language, throats and moving lips language, brail method and other methods that facilitate the process of communication.
Discrimination based on disability:any act such as limiting, straitening, excluding, negating or denying, based on disability, the human rights or fundamental freedoms mentioned in the constitution or in any other legal documents.
Accessibility: The required arrangements or procedures to achieve an inclusive environment, and to adjust and accommodate the informational, social, physical and environmental circumstances. Also to provide with the required assistive means and instruments to ensure for the persons with disability the full enjoyment of their rights and their freedoms on equal bases with others.
Reasonable accommodation: the procedures, changes or adjustments that intend to arrange for adaptation in case there was no accessibility, in order to ensure for the persons with disability the full enjoyment of their rights and their fundamental freedoms on equal bases with others until achieving the ultimate accessibility.
Rehabilitation: the several aspects services that tend to enable persons with disability to regain back or develop their economical, social, vocational, psychological, mental or physical capacities, to use them in order to ensure their independence and their full participation in all aspects of life on equal bases with others.
Rehabilitation certificate: the certificate which is mentioned in article 24 of this Law and which is issued to the person with disability who obtains his or her rehabilitation. The certificate shall state the profession which the person was rehabilitated for, the level of his or her rehabilitation, the kind or level of the deficiency he or she has, the physical fitness in relation to the profession.
The societal rehabilitation: a strategy within the social development frame. Its function is to rehabilitate persons with disability, enable them to practice their rights and their freedoms, integrate them in society and provide them with equal opportunities with other persons within their communities. This shall take place through the collaboration of efforts between these persons, their families, social organizations and individuals, in order to achieve such kind of integration and to activate the use of all appropriate and available services in society.
The record of the persons with disability who wish to acquire work opportunity: the record which was established in the offices of the work forces shall include all the names of persons with disability who are seeking job opportunities. This record also contains all the information regarding the level of rehabilitation or education, the kind of work required, the appropriate place, the job that the concern person was assigned to, the starting date and the following up report.
The record of persons with disability who are employed: the record which is available in all private and public institutions that employ persons with disability. It includes the names and the professions of these persons, the data information about them, and the type of work assigned to them and the date in which these persons join the work in the institution.
Integration: to enable persons with disability to make a good use of public services, activities and facilities, on equal bases with others. This also would allow them to fully participate in society and in all aspects of life, through education, programs, plans and policies.
The disability card: the card which is mentioned in article 14 of this Law, and which is issued to the persons with disability in order to prove that they have a disability. This card shall be accepted by all governmental and nongovernmental authorities, and it shall allow its holders to enjoy their rights and their prerogatives that are stated by effective laws and regulations. This card shall be the only authorized method to prove the presence of disability, its kind and its level.
Quality stander: the high quality specification which is appropriate for the needs of persons with disability in accordance with the kind and level of their disability, and their various capacities, concerning medications, assistive systems, aid instruments or any available services.
This law shall ensure in particular, the following rights and principles:
- Non-discrimination based on the disability, its type or the gender of the person with disability. Also to ensure effective equality to enjoy all human rights and fundamental freedoms in all political, human, economic, social and civil areas.
- To respect the dignity of the persons with disability and their self independence, including the freedom to practice their choices autonomously unless their disability prevents them from doing so.
- Not to deprive persons with disability from their right to marry and establish their own families, if their circumstances allow them to do so.
- The right of persons with disability to express freely their opinions. These opinions shall be given a great deal of consideration when they are related to decisions that deal with persons with disability and with the insurance of their full and effective participation in society.
- To respect diversity and difference, and to accept persons with disability as a part of variety and nature of human kind.
- To respect the developed capacities of children with disability and respect their rights to preserve their identity.
- Equal opportunities among persons with disability.
- The accessibility to practice the fundamental rights and freedoms through taking some measures that ensure the specification and the removal of obstacles, in order to achieve such kind of accessibility. Priority shall be set for the best interests of persons with disability in all decisions and measures concerning these persons, regardless of who is taking them.
Without violating the rules of children with disability’s welfare and rehabilitation, that are mentioned in section 6 of the child’s law, which was issued through the law 12 and its regulations, in the year 1996. The state shall ensure that persons with disability shall enjoy fully and effectively, and without any kind of discrimination between them and other persons, all fundamental freedoms and political, human, economic, social and civil rights. The state also shall commit to work for the preparation of appropriate conditions for a good stander of living on all aspects within the frame of respect for the human dignity. In addition, the state shall at least ensure all the rights mentioned in the Convention on the Rights of persons with Disability CRPD and other related international conventions that are applied in Egypt, with the certainty that it shall not commit any act that contradicts with the rules of these conventions.
The state shall ensure, and to the possible maximum level, for the persons with disability, the right of life, survival and development, through the availability of appropriate measures to provide the basic components for that, such as food, housing and psychological, social and healthy welfare. The state shall also enable these persons to practice their right to education, work, entertainments, the use of the public services and facilities, obtaining information, freedom of opinion and expression and other fundamental rights and freedoms.
The state shall specifically ensure to take all the needed measures to guaranty the following rights:
- To include the concept of protecting and promoting the rights of persons with disability in all policies and programs.
- To provide persons with disability with accessible information that is appropriate for their capacities, in a way which guaranty for them the right of obtaining knowledge and freedom of expression and opinion.
- To protect and promote the rights of persons with disability to participate, preserving their dignity, developing their self-independence, freedom to make their choices in accordance with their capacities and full integration in all areas of society, and through clear and appropriate methods.
- To build the capacities of those who deal with the persons with disability, including governmental and non-governmental bodies, in order to make them capable of communicating and dealing with the persons with disability in all areas.
- Raising awareness, using different types of media in order to respect and promote the rights of persons with disability. This can be achieved also by supporting such awareness with the capacities and contributions of these persons.
- Taking all the appropriate measures that ensure that persons with disability, on equal bases with others, can access and use the surrounding environment, transportation system, information and communication including the technology of information and communication systems, and services and facilities that are available for public.
The state shall ensure to enable persons with disability to enjoy the right of full and effective participation in public, syndicate and political life. The state also shall prepare a positive environment which should be supportive to the rights of these persons, who shall fully and effectively participate in managing the public affairs, on equal bases with others. In addition, the state shall encourage these persons to participate in the formulation of policies and programs.
The state shall guaranty for persons with disability a safe environment, without them being exposed to any kind of commercial or economic exploitation, violence, abuse, torture, harm, negligence, degrading treatment or deprivation of rights in any form. The state also shall provide these persons with needed security and protection that are appropriate for their capacities, in particular during epidemic and disastrous circumstances, and other contingent circumstances. In addition, the state shall put some liable measures in order to safeguard and protect these persons from dangers that they might be subjected to in all circumstances, specifically in the dangerous ones such as arm conflicts. The state in these circumstances shall ensure for persons with disability psychological and physical recovery, rehabilitation, integration and investigation, in case they were subject to bad treatment.
The state shall ensure for persons with disability the enjoyment of freedom of transportation and freedom of choice of where to live. The state shall also ensure for them the acquirement of citizenship according to the rules of the related law, on equal bases with others.
The state shall guaranty the availability of required rehabilitation, training and support for the family which is considered the natural place for the life of persons with disability. In addition, the state shall provide these persons with appropriate conditions for their welfare within the family, and the choice of institution shall only be considered as a last resort.
The state shall ensure the respect of developing capacities for children with disability, their right to maintain their identity and their right to express freely their opinions in all the issues that are related to them. These opinions shall be taken into consideration according to the age and maturity of these children, on equal bases with other children. The state also shall provide these children with the needed information and support to practice these rights in accordance with their disability and age.
The state shall be committed, and within the frame of the international cooperation, to ensure, and to the maximum level, the availability of required human and financial resources to implement this law, and guaranty the rights of persons with disability mentioned in it or in any other law. The state also shall be committed to recruit the workers who are trained to implement the rules of this law, and welfare and rehabilitation for persons with disability. The special minister shall decide the amount of work compensation for these workers which shall be equal to a certain percentage of their salaries. The set of regulations of this law shall specify the authorities that are in charge of the implementation of all the obligations mentioned in the previous articles, without contradicting with the specialties assigned legally to deal with such issues.
Health Care for Persons with Disability
The Disability Card and the Health Record
Persons with disability have the right to the highest possible stander of health and health care, on equal bases with others.
A disability card shall be issued for every person with disability, and the regulations of this law shall specify the authorities that shall issue it, the kind of data which shall be included and the bases and the measures of its issuing. This card, through the data information it includes, shall confirm to all concerned parties that are dealt with by the persons with disability, whether they were governmental or non-governmental, the presence of disability, its level and its kind.
Every person with disability shall have an inclusive health record, and the set of regulations of this law shall specify the authorities that shall create such record which shall be kept under their safeguarding. These authorities shall indicate the data information that shall be included in this record, the papers and the documents that must be attached to it and the rules and procedures that should be followed in order to prepare and make a use of it.
Disability prevention measures and health
Services for persons with disability
The state guarantees the right to early detection and prevention of the different types of disability whenever possible. The Ministry of Health as well as the concerned ministries and departments undertake to run programs of early detection, prevention and reduction of the incidence of the kinds of deficiency, prevention of disability, and the provision of early intervention services, as well as the necessary medicine and nutrition to avoid the complications of the diseases causing the types of deficiency, plus the services of medical rehabilitation in all the health care centers.
It also undertakes to provide the means of the persons with disabilities acquiring information and education in the field of reproductive health, premarital tests and family planning.
Government agencies and non-government organizations that get contracted with the government-- including the organization of health insurance, foundations and units subordinate to the Ministry of Health, as well as the hospitals concerned with providing all the specialized health, preventative and curative services that support and integrate the persons with disabilities, including reproductive health, public health programs and the programs of medical and psychological rehabilitation for the persons with disabilities—undertake to provide what guarantees the acquisition of all persons with disabilities those services by means of the Disability Confirmation Card stipulated in Article 14 according to fair geographical distribution and without discrimination because of age, geographical location, type of disability or any other reason.
The public organization of health insurance lays down standard specifications and norms for the different medical interventions used to treat and rehabilitate persons with disabilities. It consequently provides health centers equipped to diagnose and provide them with the appropriate interventions. It also undertakes to provide specialized and technical, medical cadres, that are trained on all specializations and in the field of dealing with different disability cases. They offer preventative, curative and rehabilitation services to persons with disabilities in all government health centers and hospitals.
In all cases, it is a must to be committed to quality standards of all drugs, treatment foods, assistive devices and the services provided to persons with disabilities.
The Right to Education
Persons with disabilities have the right to receive good quality inclusive schooling, as well as literacy courses for those who have passed school age, that provide them with living skills that enable them to participate in society without discrimination, in accordance with the manner specified by article 53 of Law 12 on Children issued in 1996. The Ministry of Education, plus the ministries and parties concerned, undertakes to secure the right to the persons with disabilities receiving education that allows them to get integrated within schools and classes available to persons without disabilities, which enjoy quality, safety, security and protection standards, and are close to their residences, without differentiating between them and persons without disabilities in the light of the degree and type of disability and within educational government and non-government institutes as of the preschool stage up to pre-college education according with curricula, programs, means and methods that are suitable to their circumstances and abilities, including special education suitable for exceptional cases resulting from the nature and incidence of disability, in accordance with the provisions laid in paragraph 1 of this article and those of article 76 of the aforementioned Law on Children.
Specialized and qualified human elements as well as appropriate modern means and methods must be prepared and made available to guarantee the mentioned right to achieve the different forms of integration. School curricula at all stages must include the principles of human rights, disability concepts and awareness raising of the needs and rights of persons with disabilities.
The rate of persons with disabilities has not to be less than 5 per cent of those accepted in each of the private institutes of education in case their number applying to an institute that percentage. The regulations of the law specify the conditions, rules and procedures of admitting those persons into such institutes and following up on adherence to such conditions and rules.
The Minister of Education takes a decision to form a supreme committee in the ministry. It deals with questions related to putting into effect the rules of this chapter. The regulations determine its formation, powers and course of action. It has to include representatives of the National Council for the Rights of Persons with Disabilities, those persons and civil society organizations active in that field.
The Ministry specializing in Higher Education is committed to drawing up plans and programs leading to securing the right for persons with disabilities to receiving education in the same universities and institutes available to non-disabled persons. They provide educational and rehabilitation programs that guarantee the preparation and graduation of specialized and qualified human elements that furnish all health, educational, rehabilitation, cultural, guidance and other services for persons with disabilities and their families. They raise awareness and educate about their affairs, conditions and ways of dealing with them.
Rehabilitation, Training and Employment
The Right to Rehabilitation and Training
Persons with disabilities have the right to rehabilitation and training. The government endeavors to establish the institutions needed for that purpose, draws up regulations that guarantee institutional community-based rehabilitation (CBR), and provides persons with disabilities with the necessary support equipment and aids for free or for a reasonable charge. The regulations of this law organize the rules and procedures for acquiring the mentioned rehabilitation, training and the support aids as well as the method of funding such services; in addition, they lay down the conditions, rules and procedures of licensing as well as supervising non-government rehabilitation and training institutes.
Rehabilitation and training institutes are committed to freely hand rehabilitated persons with disabilities certificates of completing a training period. If not able to attend, the certificates are handed to those responsible for them, their legal representatives or those caring for them according to the procedures specified by the regulations of this law.
In accordance with the rules of this law, rehabilitated persons with disabilities who prove to be capable of carrying out appropriate jobs are handed certificates with unlimited terms. The Regulations demonstrate the form of the Rehabilitation Certificate as well as the conditions and procedures of awarding them.
The right to work and employment
The state is committed to guarantee persons with disabilities to enjoy equal opportunities for acquiring jobs that match their academic qualifications and rehabilitation. Disability-related discrimination with respect to all questions of work and employment is banned. Wherever and whenever possible, The government seeks to open up labor markets before them inside the country and abroad, enhance their job opportunities by initiating self-employment activities as well as comprehensive development projects and the social policies of the state.
Each of the Work Force Offices has to keep a record to register persons with disabilities applying to gain job opportunities. Those offices undertake to assist the registered persons to obtain suitable job opportunities both inside and outside the office’s jurisdiction by ascertaining and assessing such chances at the level of Egypt as a whole. The regulations of this law determine the rules and procedures of such count and assessment and the Work Force Offices reporting it.
Every government and non-government party, as well as every employer employing twenty-five or more workers-whether they work in one place or at different sites and whatever the nature of their work-has to employ persons with disabilities nominated by the Work Force Offices on the basis of the registry recording such persons. Their rate has not to be less than five per cent of the total number of their workers and employees. Such rate may be filled by ways other than being nominated by the Work Force Offices provided the persons hold certificates of rehabilitation and qualification.
Whoever employs a person with disability has in any case to notify the relevant Work Force Office by means of a registered mail within ten days of the person’s being assigned the job at theirs.
A rehabilitated and qualified person with disability, disabled by means of war acts or during or as a result of carrying military or national service, has a priority to get assigned to manual and or non-manual jobs even if they surpass the rate stipulated by article 27 of the law. He/She who gets assigned enjoys the right to combine the remuneration he is paid on appointment and the pension he already receives.
All government and non-government parties as well as employers have to keep a special register recording the names of persons with disabilities who get a job at theirs. The regulations of this law specify the data and uses of such a record.
Denying persons with disabilities, because of their disabilities, any benefits or rights offered to others with them is prohibited.
Each non-government organization or firm and employer employing a person with disability beyond the lawfully decided minimum enjoys a discount on the annual tax paid by the agency or firm. The discount is equal to the minimum rate of wage for such persons.
The work hours of a male or female worker and employee in all government and non-government organizations and foundations, who cares for a person with disability, are reduced by one remunerated hour daily.
A working mother, or persons in charge of caring for a person with disability-whether they are state administrative staff, public artificial persons and public or private sector firm personnel-will be given the right to reducing work hours by two hours daily, or to get an unpaid leave to care for a person with disability in return for fully paying back the insurance payable sums during the whole period of the leave. Such leaves do not conflict with the right of the employee/worker to get the special leaves decided according to other laws and decisions while complying with the condition of the leaves not overlapping with each other.
Social Treatment of the Persons with Disabilities
The Right to accessibility and availability or facilitation
Administrative departments concerned with organization affairs undertake to stick with the conditions of the Egyptian Code for the accessibility of buildings and outer spaces for the use of persons with disabilities, which is issued by the National Center for Demographic and Construction Research on issuing building licenses in accordance with the rules of Law 119 of Building promulgated in 2008.
The Ministry of Transport lays down the necessary rules and organization to facilitate the travel and mobility of the persons with disabilities. This includes the assignment of certain locations and sites in the different classes, groups and kinds of all transport means, the reduction of their fares by a rate that is no less than fifty per cent of their paid value. Departments of competence undertake the necessary measures to facilitate the use of persons with disabilities of public and private transport means assigned for public service, as well as of roads, sidewalks, transit place and different public places, and make available the necessary, modern techniques, information and services to encounter the effects of their disability.
All departments and bodies concerned undertake to provide public services by furnishing means, equipment and trained human elements to facilitate dealing with the persons with disabilities on equal basis with others as well as facilitate those persons usage of them. The regulations clarify the forms and ways of making available and providing accommodations.
All taxes, fees and expenditures, whatever their type, including sales tax and judicial fees are abolished to make exemptions for:
- The licenses for constructing any building, whatever its type, that is definitely assigned to serving of persons with disabilities.
- The licenses for adjusting or restoring any building in order to make it accessible for persons with disabilities.
- Special instruments, equipment, educational and medical material, assistive devices, as well as the means and tools to produce them plus their spare parts, maintenance and prerequisites of their operation, for persons with disabilities as a result of their disabilities, in case a person with disability imports them for his/her personal usage, or that of any body or organization concerned with providing services to those persons.
- Special personal and collective transport means for the use of persons with disabilities in accordance with the same conditions stipulated by paragraph C.
The exemption applies for the person with disability for one transport means every five years.
The regulations of this law specify the rules and procedures of exemption stated in clauses C and D of this article.
- Lawsuits raised before courts of all types and grades, in case they are filed Or meddled by persons with disabilities, their legal representatives or the National Council as a result of putting into effect the rules of this law or any other law that is concerned with the protection of their rights.
All government and licensed mass media undertake to make available the necessary languages to enable persons with disabilities to receive the offered information material and participate in them, as well as to advertise all the services offered by public agencies.
The Right to Social Insurance
A married person with disability, who is not able to have his own house, has the right to acquire a suitable house of those built or subsidized by the state. The state undertakes to assign no less than five per cent of those housing units for persons with disabilities. The regulations of this law specify the conditions, rules and procedures for the attainment of persons with disabilities of that right.
The Ministry specializing in housing affairs, Reconstruction and Local Units makes available suitable spaces of the state lands for DPOs and NGOs caring for persons with disabilities in order to build their premises for carrying out their activities to serve those persons. The minister concerned with such affairs issues a decree stating the rules and procedures of assigning those spaces.
Children and adults with disabilities, who are unable to work, have the right to enjoy Social Security by making available monthly allowances to them regardless of their age and type of disability. A person with disability, personally or who represents him/her, has the right to the following:
- The combination of the pensions of the father and mother, or the husband or wife, without any maximum, throughout his/her whole life. The procedures of acquiring this pension Have to be simplified provided it gets transferred to his/her minor children on death.
- The acquisition of the difference between the pension and the remuneration or salary He earns on being assigned his job.
- The reception of what his/her siblings miss of the father’s/mother’s pension because they do not satisfy the conditions of receiving it.
- Getting seventy-five per cent of the minimum wage specified by the government as an unemployment insurance. This applies for an adult with disability who does not work for a period of time that does not exceed one year.
The persons with disabilities of the conscription age receive special treatment at the conscription centers and by the Military Medical Commission, with respect to the procedures of exempting of military service and getting a certificate confirming the exemption in accordance with the rules and procedures specified by a decision made by the Minister of Defense.
The ministry concerned starts up the different organizations necessary to provide care and rehabilitation services for persons with disabilities throughout all the stages of their lives. Licensing to start up such organizations is not possible for artificial or natural persons except by a decision taken by the Minister of Social Solidarity. The License specifies the kind of rehabilitation services and age groups served. Such organizations are subjected to the supervision and control of the ministry concerned. The regulations determine the necessary procedures in that respect. Similar organizations and bodies initiated by the Armed Forces are excluded.
Poverty fighting and reduction programs and policies as well as internal and external development programs carried out by the state throughout the different provinces observe the inclusion of persons with disabilities in a balanced and equitable manner.
The Political and Trade Union or Syndicate Rights
Of the Persons with Disabilities
A person with disability enjoys all the political rights enjoyed by her/his non-disabled peers. The authorities and parties concerned take all the different kinds of measures related to candidature and recognition and endorsement in elections and referenda to ensure the participation of the persons with disabilities in such acts. This includes the accessibility of polling stations, the right to get when need be the help of escorts or aides chosen by persons with disabilities themselves.
Political parties, civil society organizations, trade unions and orders seek to encourage , make accessible and available the participation of persons with disabilities in all the forms of their industrial and political actions.
Culture, Sports and Recreation or Entertainment
The Right to Culture
The Ministry of Education acts to make accessible and available the participation of persons with disabilities in cultural and recreational or entertainment activities. It prepares places for exhibition and carrying out such activities by making them accessible, and making available cultural products in appropriate languages to get persons with disabilities acquainted with them and make use of them for free or for an appropriate financial recompense. It works to provide adequate opportunities to develop their creative, artistic and mental powers and recognize their special cultural and linguistic identity. It supports the artistic and cultural activities of the persons with disabilities, as well as drawing up the plans and programs that ensure the discovery of the talented disabled and encourage their creativity and support their artistic and cultural teams and exhibitions, while publishing the works of the outstanding and distinguished among them.
The right to sports and recreation
Organizations and departments concerned with youth and sports act to make accessible and available sportive and recreational activities for persons with disabilities. They take the measures to guarantee the preparation the sites of sports and recreation so that they may be accessible. It provides the methods and means that make available their acquiring opportunities for training and participation in the mentioned activities. They provide trained human elements, the necessary equipment and playgrounds that guarantee their participation in matches as well as national and international tournaments. The mentioned departments and organizations take the necessary measures to ensure the participation of those individuals in the residential buildings, sports unions and Olympic committee.
The National Council
The concerned ministry establishes a council for the persons with disabilities known as the National Council for the Persons with Disabilities, headed by the concerned minister. It specifically includes representatives of the Ministries of Defense, Interior, Finance, Information, Health and Family, Work Force, Education, Higher education, local development, and National Councils for Women, children motherhood and human rights plus the Central Department for General Mobilization and Statistics, plus the General Union of labor, Concerned civil society organizations and public figures with expertise and care for the affairs of persons with disabilities. The council has a secretariat General. The Prime Minister issues decrees dealing with the formation of the Council and its Secretariat General, its regulations and powers.
A fund attached to Council known as the Fund to Promote and Achieve the Rights of Persons With Disabilities. It enjoys an independent, artificial personality and has a special budget. Its financial year starts at the beginning of the financial year of the state and ends at the same date. The surplus of the Fund’s accounts gets transferred from one fiscal year to the other.
The Fund is governed by a board of administration headed by the concerned minister, who issues a decision as regards its formation, competence and regulation. The term of the Fund’s Board is three years long and is renewable.
The revenues of the Fund are made up of the following:
- The sums allocated within the government’s public budget for subsidizing the fund.
- Fines and compensation for arrangements and compromises as well as confiscation for the crimes stipulated by this law and other laws concerned with the persons with disabilities.
- The proceeds of investing the fund’s money.
- Grants, subsidies, donations and wills approved by the Fund’s board of administration.
- Fees and remunerations for the services provided by the Fund for others.
All the finances of the Fund are exempted from all kinds of taxes and charges.
Penal Protection for the persons with disabilities
A person with-- whether accused, defendant or witness-has the right to be heard and treated well in a special manner that suits his/her case and needs throughout all the stages of detention, investigation, trial and execution.
He/she has the right to protection, health and social aid, specialized technical help when need be. He/she must have a lawyer accompanying him/her in the interrogation and trial stages. In case, he/she has not selected an attorney, the public prosecutor’s office or court will appoint one in accordance with rules stipulated by the Law of Penal Procedures as regards the appointment and delegation of attorneys.
In case no harsher penalty stipulated by any other law has been violated, The crimes stated in the following articles will be punished by penalties determined for them.
Whoever uses, publishes or broadcasts by any means of broadcast or mass media any statements, information, drawings or pictures that offend persons with disabilities, or promote any wrong notions and concepts insulting them is sentenced to a fine of no less than 20000 Egyptian Guineas and does not exceed 100000 Guineas.
He/she is sentenced by jail for no longer than ten years and to a fine of no less than 2000 Egyptian Guineas, but is not greater than 10000 Egyptian Guineas, in case:
- He/she has forged a Disability Confirmation Identity or used it while being aware of forgery.
- He/she has submitted an untrue statement before the relevant organization or department, or provided it with or concealed information to illegally benefit or make illegal use of any of the rights and benefits specified for the persons with disabilities by this law or other laws.
He/She is punished by jail for no less than three months if he/she:
- Has helped a person without disability to falsely represent or claim a person with disability.
- Has used a disability confirmation card without having the right to do so.
The jail penalty for no less than one year and does not surpass five years if the act has led to acquiring a right or benefit determined for a person with disability. In case rights have not been breeched in bad faith, he/she is sentenced to the confiscation of the returns of that vilation.
A sentence to imprisonment for no longer than one year, and to a fine that does not exceed two thousand Egyptian Guineas, or to any of the two penalties is declared against each person charged with caring for a person with disability, who has neglected in performing his/her duties towards the person cared for, or take what is necessary to carry out such duties or refrain from performing any of them. The imprisonment penalty is decided in case negligence has inflicted harm on the person with disability.
If negligence leads to the death of the person with disability, the penalty will be imprisonment to no longer than ten years.
A sentence to imprisonment for no less than one month and to a fine of no more than ten thousand Egyptian Guineas or to any of the two penalties is inflicted on whoever conceals data or information about the presence of a person with disability from the agencies concerned with statistics.
Whoever transgresses any of the rules of articles 27 and 28 of this law is sentenced to imprisonment to a period that does not exceed three months and to a fine that is no less than one thousand Egyptian Guineas and does not surpass three thousand Egyptian Guineas or to any of the two penalties.
It is possible to have a verdict obligating the employer or the person in charge of the agency bound to employ persons with disabilities to pay to the person with disability, who has been nominated to work at his but whom he has refrained from employing, a monthly sum equal to the wage or the decided or estimated salary for the job or post he/she has been nominated for. It starts as f the date of confirming the breech for a period that does not exceed one whole year. Such an obligation is stopped if the person with disability joins a suitable job at the same organization or other foundation. Every transgressor of such a rule is punished by imprisonment to no longer than six months, and to a fine that is no less than one thousand Egyptian Guineas and does not exceed three thousand Guineas or to any of the two penalties. Fines are as numerous as are the cases against whom violations are perpetrated.
The same penalty may be inflicted on those in charge of the units of the state administrative staff and public sector, who breech the rules of Article 22 of this law. Whoever holds the power of hiring is deemed responsible in that respect.
Whoever breeches the rules of Article 19 of this law is sentenced to a fine of no less than two thousand Egyptian Guineas and is not greater than ten thousand Egyptian Guineas. But breeches the rules of article 30 of this law is sentenced to a fine no less than five hundred Egyptian Guineas and not greater than two thousands.
Fines are as numerous as are the cases of transgression.
The practices of emasculation, sterilization and legal abortion affecting persons with disabilities are banned. Whoever perpetrates any of these acts is sentenced to prolonged imprisonment.
The person in charge of the real administration of the artificial person gets punished in case any of the crimes stipulated in this law is committed by anyone working in such institutes. He/She receives the same penalty determined for the committed crime if his/her knowledge is proven, or if the crime has been perpetrated as a result of breeching his/her job duties. The artificial person is considered jointly responsible for paying back the financial penalties and compensations that are decided by the court sentence if the crime is committed by anyone working on behalf of it and for its benefit.
The minimal decided penalty shall be increased to the double for any deliberate crime committed against a person with disability.
The execution of the freedom restricting penalties decided against the persons with disabilities takes place in special separate places. Their organization is issued by a decision is made by the minister concerned with the supervision of those places.
The rules and convictions mentioned in the penal law and the law of penal procedures are put into effect as regards what has not been stipulated in this section.