Legal review of the rights of disabled in the UAE

By: Dr. Maryam (Krystyna) Nechaeva

UAE implemented a series of steps to implement measures for people with special needs after joining world Convention by means of huge changes in the governmental sector giving more attention to these people and their future.

Governmental and local authorities created an environment for this group of citizens with a separate budget regulation of public meaning and established special departments to support and present the rights for disables people such as
– Disabilities Affairs,
– Youth and Sports Authority;
– Sharjah City for Humanitarian Service;
– Dubai Club for the Disabled

Only specific group of people is determined as disabled under Article 26 of Federal Law No.29 of 2006 Concerning the Rights of People with Special Needs such as suffering from a temporary or permanent, full or partial deficiency or infirmity in physical, sensory, mental, communicational, educational or psychological abilities to an extent that limits the possibility of performing the ordinary requirements.

The same law No.29 of 2006 provided for these people scope of rights but not limited to educational rights, right to the workplace including public sector for UAE nationals, cultural, family and sports rights ext. These rights can be easily implemented through special organizations that provide preparatory work for future candidates and students depends on professional and special skills.

In Support of the Federal law No.29 of 2006 the Ruler of Dubai, issued Law No. 2 of 2014 “To protect the rights of people of determination in the emirate of Dubai” providing high-quality medical care and social services, boost public awareness and contribute to integrating people of determination into society and reaffirm their participation in social development.

Talking about the legal rights of disabled people it’s important to classify the type of the disease and the level of capacity. Federal law No.29 of 2006 has a lack of classification and might be amended in future to include this contribution. However, according to Personal Status Law No.28 of 2005 disables person has a right to have guardian and custodian to present his rights and provide further protection. The priority is given to eliminate the guardianship of persons with disabilities and support their independence rather than limit their functioning, widen their access to basic and social services, and ensure that their voices were heard in the development of laws and policies.

In conclusion, it is grateful to observe that UAE plans to develop rules and regulation for the need of disabled people and keeps modifying legal perspectives and directions to integrate people with disabilities in the daily life and local environment. The latest initiative of the Dubai government is an overall goal to become the world’s most disabled-friendly cities, preparing new standards for buildings, parks, hospitals, infrastructure and transport by 2020.

Author: Dr. Krystyna Nechaeva

Legal Consultant, Head of the Corporate Department

How to find the right lawyer in the UAE?

 

Anyone who is looking for a lawyer in the United Arab Emirates for the first time might ask himself a several very important of questions:

– Where to start (which Emirate)?
– Which lawyer do I need in my particular situation (criminal, civil, family, labour)?
– What to look for in a lawyer? (Price, quality, experience, nationality…).

Finding the right lawyer to handle your matter is critical in saving the time and money, as well as achieving a favorable result. It is advised to talk to several different lawyers before choosing the right one. First of all, it is better to look for someone that you feel comfortable with, the same nationality or speaking the same language, who better understands you. You should foresee a long-term relationship that can facilitate your ongoing needs.
Lawyers in the UAE do not necessarily have to be UAE nationals. All lawyers must be licensed to practice law in Federal courts and be under the supervision of an accredited law firm.

The best way to find a good lawyer is to:
– Do a thorough web search. Look online, check lawyer’s websites and forums, look everywhere you can. Attentively read all the testimonials you find from the real people.
– Ask in your Embassy/Consulate to recommend you any trusted local lawyer.
– Ask for references from your friends or colleagues who have had own experience with the certain law firms.
– Get referrals from the UAE courts or local Legal Department personally or through surfing on relevant websites.
– Make research and visit the nearest Law offices in your area.
– Ask the right questions while meeting with every lawyer you visit.

Important Tip:
Once you have chosen a lawyer, ask to sign a legal fees agreement and make sure you understand exactly what you are agreeing to, how you will be billed, and how your retainer will work. You might be paying hourly or a flat fee. Find out what it covers exactly. Don’t be shy to ask questions. Do not hire a lawyer who will not give you a legal fees agreement. This is not negotiable.
Be clear on what you expect, what the lawyer can do for you, and what the lawyer thinks it will cost. Lawyers cannot give exact estimates of the entire trial expenses, but they should be able to give you an idea.