Legal and Institutional Frameworks

A majority of countries in the region have, in various ways and more or less explicitly, incorporated the rights of persons with disabilities to social protection in their constitutions.[1] For instance, the preamble of the 2011 Moroccan constitution commits the State to “[t]o ban and combat all discrimination whenever it encounters it, for reason of sex, or colour, of beliefs, of culture, of social or regional origin, of language, of handicap or whatever personal circumstance that may be”. The constitution of Iraq, adopted in 2005, stipulates that “[t]he State shall care for the handicapped and those with special needs, and shall ensure their rehabilitation in order to reintegrate them into society, and this shall be regulated by law.”[2] The Basic Law of the State of Palestine, as amended in 2003, states that “maintaining the welfare of...the disabled is a duty that shall be regulated by law. The National Authority shall guarantee these persons’ education, health and social insurance”.[3]

Almost all countries, furthermore, have adopted laws specifically relating to the rights of persons with disabilities. Like the constitutions, these laws differ in how and to which extent they refer to social protection. The United Arab Emirates’ Federal Law No. 29 of 2006 states that it “aims to guarantee the rights of the person with special needs and to provide all the services within the bounds of his abilities and capacities. The special needs may not be a reason to hinder the person with special needs from obtaining such rights and services especially in the field of welfare and social, economic, health, educational, professional, cultural and promotional services.”[4] Algeria’s law 02-09, of May 2002, stipulates that “persons with disabilities without income receive social assistance, which takes the form of support or a financial allocation”.[5] It also contains a number of more specific provisions concerning social protection. The State of Palestine has included attention to the neds of persons with disabilities into its ICT strategy.[6]

In most countries, the ministry of social affairs plays a central role and is charged with coordinating the provision of social protection, including for persons with disabilities, within the government. Sometimes this mandate derives directly from the legal framework relating to the rights of persons with disabilities. For instance, the State of Palestine’s Law no. 4 Concerning the Right of the Disabled, adopted in 1999, specifies that the Ministry of Social Affairs is “in charge of coordination with all relevant and competent bodies to secure the welfare and rehabilitation of the disabled”.[7]

A growing number of countries in the region have also, in conformity with Article 33.1 of the CRPD, established specific bodies - often called councils, committees or commissions - tasked with coordinating matters related to the rights of persons with disabilities. Typically, these institutions are formally autonomous but connected to the ministry of social affairs. Sometimes the disability councils themselves function as providers of social protection. In Iraq, for example, the caretakers’ salaries are distributed by the country's Commission on the Care of Persons with Disabilities and Special Needs, whose creation was mandated by Law no. 38 of 2013.[8] In Jordan, the passing of Law no. 20 of 2017 will imply that the provision of support hitherto provided by the High Council for Disability, including CTs, be taken over by the Ministry of Social Affairs, which will allow the council to focus on its core roles of policy-making, monitoring and coordination.[9]

These developments in terms of legislation and institutions testify to the commitment among countries in the region to provide disability-inclusive social protection. However, the remainder of this chapter will show that much remains to be done in order to ensure that legislation is enforced, that disability is consistently defined in conformity with the CRPD, and that targeting is carried out in a way that does not overlook the needs of persons with disabilities. It will also be shown that since social protection is interlinked with policy areas across governments, it is necessary to further enhance coordination among ministries and other actors.