General Legal Frameworks Related to Persons with Disabilities of Selected Arab Countries

Tunisia, the Sudan and the United Arab Emirates ratified the CRPD on 2/4/2008, 24/4/2009, and 19/3/2010 respectively. Lebanon signed the Convention on 14/6/2007 but did not ratify it yet. The legal frameworks of these four selected countries contain provisions related to disability rights in various legal instruments. 

Some countries have guaranteed the rights of persons with disabilities in their Constitutions and all of them have adopted specific laws related to persons with disabilities (referred to as Disability Laws), which were often complemented by implementing decrees and decisions. Disability Laws provide the general framework related to disability rights, but provisions are also found dispersed in other laws, particularly laws regulating the sectors on which the report focuses, such as education and labour laws.

Constitutional Guarantees of the Rights of Persons with Disabilities

Except for Lebanon, the constitutions of all selected countries contain provisions related to persons with disabilities. The 1926 Constitution of Lebanon does not contain specific provisions related to persons with disabilities but includes the principles of equality and non-discrimination for all citizens (Preamble Paragraphs 3 and Article 7). 

The 2005 Interim Constitution of the Sudan is the constitutional instrument that, in comparison to the other three countries in this study, contains the most provisions related to persons with disabilities: it prohibits discrimination in access to work (Article 12-2) and education (Article 44-1) on the basis of disability and guarantees the right of persons with disabilities to participate in social, professional, creative and leisure life (Article 12-2). The Constitution also specifies that the State guarantees for persons with disabilities all of the rights listed in the Constitution, especially the respect for human dignity, access to education and employment and full participation in society (Article 45). 

The 2014 Constitution of Tunisia adopted on 26/1/2014 guarantees in its Article 48 the right of persons with disabilities to protection against any form of discrimination and recognizes the right of persons with disabilities to benefit, depending on the nature of the disability, from every measure that enables them to full inclusion in society. It also stipulates that the State should take all necessary measures to achieve full inclusion.

The 1971 Constitution of the United Arab Emirates imposes an obligation on the State to protect and care for persons with disabilities (Article 16). Although the principles of equality and equality of opportunities for all citizens are considered pillars of the society (Art 14), the prohibition of discrimination does not include “disability” as a protected ground.

Overarching Disability Laws Guaranteeing the Rights of Persons with Disabilities

Lebanon, Tunisia and the United Arab Emirates have adopted overarching laws related to the rights of Persons with disabilities before the signature or ratification of the CRPD by each country. These laws aim at eliminating discrimination against persons with disabilities and ensuring their enjoyment of rights on an equal basis with others. The Sudan has adopted a less comprehensive disability law, which focuses on the various benefits and privileges accorded to persons with disabilities. The Sudan also introduced detailed legal provisions related to persons with disabilities in other general laws.

In 2000, Lebanon adopted the Law No. 220 of 29/5/2000 regarding the rights of persons with disabilities. It specifically states in its introductory chapter that it aims to transform the legal approach to disability from one that is focused on the care and welfare of persons with disabilities to one that establishes their rights and equivalent obligations on the State and society; it also aims to move away from the traditional approach that excludes and marginalizes persons with disabilities towards an approach that guarantees their full inclusion in social and economic life. The Law includes several chapters related to definitions, the disability card issued by authorities to persons recognized as having disabilities and the creation of a national committee for persons with disabilities. It also dedicates chapters detailing the scope and extent of rights recognized to persons with disabilities, namely, the right to health and rehabilitation services, the right to an accessible environment, the right to movement and transport, the right to education and sports, the right to work, employment and social care, in addition to a chapter related to tax benefits and other benefits. Lebanon has also adopted several decrees implementing its Disability Law and detailing specific aspects of its provisions.

In 2017, the Sudan adopted the National Law for Persons with Disabilities of 2017 which abrogates the 2007 law.  The Law does not include a clear statement of its objectives. In addition to general provisions providing important definitions of key terms related to disability, it includes one article listing a series of rights, benefits and privileges recognized to persons with disabilities and related to education, employment, accessibility and health, but this article does not provide details on the scope and extent of these rights. The law also provides for the enhancement of the national council for persons with disabilities and a national fund for persons with disabilities. 

In 2005, Tunisia adopted the Orientation Law No. 83 of 15/8/2005 for the advancement and protection of disabled persons, which serves as a framework legal document for the rights of persons with disabilities. It aims at ensuring equal opportunities for persons with disabilities with others and their protection from discrimination. It defines discrimination as any provisions or measures which would result in exclusion, reduced opportunities or negative impacts on persons with disabilities; it also considers special measures to ensure the effective equality in opportunities and treatment between persons with disabilities and others are not considered discrimination (Article 1). The Law contains chapters related to the prevention of disability, the disability card, accessibility, health and social care benefits, education, employment, culture, leisure and sports, financial and tax privileges, and the creation of a “higher council for the care of persons with disabilities”. Tunisia has also adopted several decrees implementing its Disability Law. In 2016, the law No.41 of 16 May 2016 modifies the 2005 orientation law in its articles 29 and 30. The new law is considered as promoting the employment of persons with disabilities by increasing the established the 2005 quota system in the public sector including public companies and enterprises.

In 2006, the United Arab Emirates adopted the Federal Law No. 29 of the year 2006 concerning the rights of persons with disabilities, which was amended in 2009. The law appears to be inspired from the Lebanese Disability Law both in its structure, wording and content. It aims at preserving the rights of persons with disabilities and providing all services according to abilities and potential. It specifically states that disability should not be a reason to limit the enjoyment of rights (Article 2), and that the State guarantees equality between persons with disabilities and others and non-discrimination on the basis of disability in all legislations, policies and programs (Article 3). The law includes general provisions and dedicates a chapter for each right recognized for persons with disabilities, namely health and rehabilitation services, education, work, public, cultural and sportive life, an accessible environment and other areas. It appears that the United Arab Emirates ensures the implementation of the Disability Law on the basis of various Ministerial Decisions that were not all available for the drafting of this report.

Throughout this study, these laws related to disability will be referred to as the national “Disability Law”.