Law No. 2 of 2004 in respect of People with Special Needs

Law Summary Record Type: LawNumber: 2Date: 15/02/2004 Corresponding to 24/12/1424 HijriNumber of Articles: 14Status: In force
Official Gazette :Issue: 3Offcial Journal Issue Publication Date: 15/03/2004 Corresponding to 24/01/1425 HijriPage from: 16
طباعة
 
  • Articles (1-14)



We, Hamad bin Khalifa Al-Thani, Emir of the State of Qatar;
Having perused the Amended Provisional Constitution, in particular Articles 23, 34 and 51 thereof;
The Labour Law No. 3 of 1962 and amending laws thereof;
Law No. 1 of 1964 on the establishment of public housing, and amending laws thereof;
Law No. 38 of 1995 on social security;
Law No. 7 of 1996 on the organisation of medical treatment and health services within the State, as amended by Law No. 16 of 1996;
The Civil Service Law promulgated by Law No. 1 of 2001;
Law No. 24 of 2002 on retirement and pensions;
The Emiri Decree No. 23 of 2002 on the Supreme Council for Family Affairs,
The proposal of the Supreme Council for Family Affairs;
The draft law submitted by the Council of Ministers;
And having consulted the Shura Council;

Articles

Article 1

For the application of the provisions of this law, the following terms and expressions shall bear the meanings assigned to them, unless the context requires otherwise:
“Council” means the Higher Council for Family Affairs
“Those Who Have Special Needs” means any person with a permanent total or partial disability in any of the senses or in his or her physical ability or in his or her psychological or mental ability to such an extent that his or her opportunity to learn or to undergo rehabilitation or to earn a living is limited.
 
“Special education” means educational services provided for any Special Needs Person to meet his or her needs and to develop his or her abilities to the extent permitted by the health limitations of each Special Needs Person.
“Rehabilitation” means support of any Special Needs Person in order to develop his or her abilities through medical treatment, prosthetic devices, education and vocational training appropriate to the health limitations specific to his or her circumstances, in addition to the provision of services and activities that enable him or her to experience a better quality of life.
“Competent authorities” means ministries and other governmental bodies, public authorities and corporations relevant to the circumstances of each individual Special Needs Person.
“Special Education Institutes” means institutes, centres, schools or classes that are approved by the Council in coordination with the competent authorities and that specialise in the rehabilitation of any Special Needs Person.
 


Article 2

Special Needs Persons shall enjoy the following rights in addition to any applicable rights under any other relevant legislation:
1)    Education and rehabilitation relevant to their developmental potential;
2)    Medical, psychological, cultural and social care;
3)    Provision of tools, devices, means of transport and equipment that assist them in learning, rehabilitation and enjoying freedom of movement;
4)    Provision of relief, aid and other ancillary services;
5)    Provision of work that is appropriate to their abilities and rehabilitate them in both the public and private sectors;
6)    Participation in sports and entertainments according to their special abilities;
7)    Provision of accommodation for safe and secure movement;
8)    Securing of special facilities in public places; and
9)    Securing of their participation in decisions related to their affairs. 


Article 3

The Council shall work, in coordination with the competent authorities and all other concerned bodies, to ensure the provision by such bodies of their services and programmes for Special Needs Persons in the fields provided for in Article 2, particularly the following:
1)    Provision of medical preventive, treatment, health and psychological services, and provision of the relevant medical reports to the Special Needs Person  and to persons taking care of them provided that such Special Needs Persons and those taking care of them are not covered by any other health insurance system;
2)    Provision of employment, recruitment opportunities and rehabilitation by the competent authorities for the Special Needs Persons according to their  abilities;
3)    Education of citizens on the rights of Special Needs Persons, provide aid and support thereto, show them the respect and consideration they deserve, and support the integration of Special Needs Persons into society;
4)    Provision of appropriate programmes for the education and rehabilitation of Special Needs Persons in addition to the special educational programmes and the preparation of the qualified technical cadres to support Special Needs Persons;
5)    Provision of opportunities to participate in sports and entertainments to meet the needs and to develop the abilities of Special Needs Persons; and
6)    Provision of special services in the fields of care, relief, vocational training, family services, technology, sports and entertainment. 


Article 4

Special Education Institutes shall award a certificate to each Special Needs Person who completes a rehabilitation programme, as well as providing an ID card to any Special Needs Person not in need of rehabilitation services upon request by him or her or his or her family. The Council shall determine the particulars to be included in each rehabilitation certificate and on the relevant ID card. 


Article 5

A minimum of 2 per cent of the total number of job opportunities with the competent authorities shall be allocated for Special Needs Persons holding the certificates or ID cards referred to in Article 4.
Such appointment shall be in accordance with the capabilities and qualifications of the people with special needs based on the nomination of the Council, in coordination with the competent authorities.
 
Each private sector employer employing more than twenty-five (25) persons shall undertake that 2 per cent or at least one person of their workforce shall comprise Special Needs Persons, and such employment to be subject to the written consent of the Council.
In all cases, subject to the written consent of the Council, the appointment on the above jobs may not be from non-special needs persons, except in the case of lack of the proper qualifications to fill in the required post.


Article 6

Any Special Needs Person injured due to military operations or during the performance of military service shall be given prior consideration for employment allocations available to Special Needs Persons. Such injured Special Needs Person shall be entitled to both the wage earned in the Special Needs allocated employment and such pension as may be payable in respect of the injury sustained during military service. 


Article 7

Any Special Needs Person recruited in accordance with the provisions herein may not be denied or excluded from any privileges or rights prescribed generally for staff employed at the organization for which the Special Needs Person works. 


Article 8

Any employer employing Special Needs staff in accordance with Article 5 hereof shall keep records of the names of such Special Needs staff and the rehabilitation certificates and ID cards held thereby. For each Special Needs member of staff employed the employer shall notify the Council in registered mail  of the nature of the work performed and the salary received by such person.
The form in which records shall be made, any notices regarding the employment of Special Needs staff and the dates of submission of such notices shall be decided by resolution of the Chairperson of the Council. Any employer of Special Needs staff shall upon request allow the Council’s representatives access to all records held regarding Special Needs staff.
 


Article 9

Special Needs Persons who are unable to work shall be entitled to a monthly pension according to the categories specified by the Council of Ministers based on the proposal of the Council. 


Article 10

The competent authorities shall secure accommodation for Special Needs Persons that makes specific allowance for their personal requirements in accordance with the priorities and controls set by the Council. 


Article 11

Without prejudice to the rights of Special Needs Persons related to the obtaining of appropriate compensation, violation of the provisions of Article 5 herein shall be punishable by a fine of a maximum of Twenty Thousand Riyals (QAR 20,000) and in the event of multiple infringements commensurate multiple fines shall be applied. 


Article 12

Care Centres for Special Needs Persons and their affiliated institutions shall be exempted from registration fees. 


Article 13

The Council of Ministers shall issue such resolutions as are necessary for the execution of the provisions of this legislation, including the determination of the priority by which the rights contained herein are applied and the categories of beneficiary that are eligible. 


Article 14

All competent authorities, each within its own jurisdiction, shall implement this law, which shall be published in the Official Gazette.


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