Dubai Law No. 3/2022 – Rights for the disabled.

Sarah Malik and Saher Khan

TACKLING DISCRIMINATION 

A new law, Dubai Law No. 3/2022 has created a range of new rights for the disabled. Sarah Malik of SOL International looks at what this means from an employment perspective. 

Dubai Law No. 3/2022 On the Rights of Persons with Disabilities in the Emirate of Dubai was issued in January and covers the rights of individuals with disabilities and services provided to them by Government and private entities. These include access to all places of worship and to the authorities. The Law protects the disabled (termed people of determination) by expressly providing them with access and entitlement to education, healthcare, social services and inclusion in various sports and entertainments. It has also established a new body called the Higher Committee to Protect the Rights of People of Determination which will supervise matters relating to and affecting disabled people in Dubai and will be responsible for implementing policies, integrating these people into society and protecting their rights. The Chairman of the Executive Council is to issue a Decision on how the Committee will be formed and its members will include disabled people and representatives of relevant bodies. 

This law also includes specific provisions on the employment of disabled people. Article 6 of Dubai Law No. 3/2022 provides for equal employment and employment opportunities for people of determination. Individuals with disabilities in Dubai also have the right to work without being discriminated against and have the right to be treated as equals to their non-disabled counterparts. Inclusive employment opportunities should be provided in both the private and public sectors, as should assistance if a disabled individual wishes to start their own business. In this context the Knowledge and Human Development Authority or KHDA will be responsible for encouraging disabled people to launch initiatives and hone their entrepreneurial spirit by providing assistance through programmes and business incubators designed to help them set up their own investments and projects. Neither public nor private entities are allowed to refuse employment to an individual on account of their disability and they must also reasonably accommodate them, so that they are able to perform their duties effectively. 

KHDA and the relevant authorities, will also be responsible for providing and ensuring there are inclusive employment opportunities for those with disabilities, for promoting their right to work and for raising societal awareness about the rights and abilities of people of determination to work. 

They will also be responsible for ensuring people of determination have access to guidance, vocational training and continuous career development opportunities in line with their needs and for equipping them with the essential professional skills and expertise they need for their jobs. 

KHDA and other relevant authorities will be responsible for promoting employment opportunities for disabled people and providing assistance to them in finding a job. They will be expected to provide programmes and encourage initiatives supporting the qualification of disabled people which are proportionate to different levels and types of disability. This will include but will not be limited to physical and/or mental disabilities where special additional measures may be needed.  KHDA will also be responsible for encouraging private sector employers to employ individuals with disabilities.

 

In addition, KHDA is to create a database for individual job seekers with disabilities looking for work in the public and private sectors and a database of employment opportunities which are available to disabled people.

This publication is not intended to offer legal advice and is solely for informational purposes.

Also published by LexisNexis Middle East in the LexisNexis Middle East HR Alert February 2022