Jordan – Law for the Welfare of Disabled Persons

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Laws for the Welfare of Disabled Persons

ARTICLE (1)

This Law shall be called the Law for the Welfare of Disabled Persons for the year 1993 and shall be put into effect two months after the date of the publication thereof in the Official Gazette.

ARTICLE (2)

The following words and expressions as mentioned in this Law shall have the specific meanings given for each of them unless otherwise stated:

The Ministry:
The Ministry of Social Development

The Minister:
The Minister of Social Development

The Disabled Person:
Any person with a permanent, partial or total impairment in any of his senses or physical, psychological or mental abilities to the extent that the ability to learn to be rehabilitated or to work, is limited in a way which renders him/her short of fulfilling his/her normal daily requirements in circumstances similar to those of able-bodied persons.

The Council:
The National Council for the Affairs of Disabled Persons” established under the provisions of this Law.

Special Education:
Educational and teaching services offered to disabled persons for the purpose of fulfilling their needs, developing their capabilities and helping them integrate into the society.

Rehabilitation:
The services and activities, that enable the disabled person to pursue his/her life in a better manner on the physical, social, intellectual, psychological and vocational levels.

Article (3)

The philosophy of the Hashemite Kingdom of Jordan with regard to its disabled citizens springs forth from Arab-Islamic values, the Jordanian constitution, the National Charter, the Laws governing education and higher education, the World Declaration on Human Rights, and the International Declaration on Disabled Persons; and stresses the following principles:

A. The right of disabled persons to be integrated into the general life of the society.

B. The right of disabled persons to education and higher education commensurate with his/her abilities

C. The right of disabled persons to employment commensurate with their capabilities and qualifications, and their right to sports and recreation.

D. The right of disabled persons to Preventative Health Care and Medical Treatment.

E. The right of disabled

persons to a suitable environment that allows them freedom of movement and transportation in a safe and secure manner.

F. The right of disabled persons to obtain such aids, equipment and materials that assist them in education, training, movement and transportation.

G. The right of those who have multiple and severe disabilities to education, training and rehabilitation.

H. The right of needy parents with disabled dependents to relief, welfare and support services.

I. The right of disabled persons to participate in decision making pertaining to them.

Article (4)

The Ministry in cooperation with the other Ministries, Governmental Departments and all parties concerned with the Welfare and Education of disabled persons, shall work towards the provision by these parties of their services and programmes for the welfare of disabled persons, including the following:

A. The Ministry

1. Shall provide the social assessment required for the determination of the nature and degree of the disability.

2. The Ministry shall provide to those with multiple and severe disabilities the special services for the disabled persons in the fields of welfare, care, relief and training, as well as the family and information services.

3. The Ministry shall supervise and license all institutions and centres in the public and private sectors concerned with the rehabilitation, welfare and relief of disabled persons.

B. The Ministry of Education

1. Shall provide the educational assessment required for the determination of the nature and degree of disability.

2. the Ministry of Education shall provide primary and all forms of secondary education for disabled persons as commensurate with their capabilities, among which the educational provisions that include programmes of special education.

3. Every educational establishment in the public and private sectors concerned with the education and teaching of disabled persons, shall be considered a school, to be licensed and supervised by the Ministry of Education.

C. The Ministry of Higher Education and the governmental and non-governmental Institutes for Higher Education.

1. Shall provide opportunities for disabled persons to exercise their rights to such education as commensurate with their capabilities and potential.

2. The Ministry of Higher Education shall work towards the training of qualified technical staff to work with the various categories of disabled persons.

D. The Ministry of Health and the Royal Medical Services

each in their fields of specialisation shall provide the following:

1. The special preventative, curative, physical and mental health services pertinent to disabled persons.

2. The medical diagnosis and classification services required for determining the nature and degree of disability, in cooperation with the Ministry.

3. Free of charge health insurance cards for needy disabled persons and their dependents who are not covered by any other health insurance scheme, according to regulations issued for this purpose.

E. The Ministry of Information

shall, through its various organs, involve itself with disabled persons and emphasise the importance of integrating disabled persons into the society.

F. The Ministry of Labour and the Vocational Training Corporation

shall provide:

1. The programmes and plans and the evaluation services, necessary to achieve the appropriate vocational training for disabled persons, and the development of their capabilities and the creation of appropriate employment opportunities, and the support for protected workshop projects.

2. Public and private sector establishments and companies employing between 25 and 50 workers shall employ 1 (one) disabled person; if the number of workers in any of these establishments exceeds 50, disabled workers should account for 2%; provided that the type of disability is not inconsistent with the nature of the work in the establishment.

G. The Ministry of Youth shall provide for young disabled persons the opportunities for sports and recreation in playgrounds and halls, as well as the equipment, to satisfy their needs and develop their capabilities.

Article (5)

A. All educational and medical materials, assistive devices, tools, instruments and their requisite parts, and means of transport required by the schools, establishments and programmes for disabled persons and individual or collective production projects owned and managed by disabled persons, and the means of transport which are especially adapted for the use of disabled persons, shall be exempted from customs and import duties and all other fees and taxes, at the recommendation of the Minister, and subject to the terms to be agreed upon between the Ministry and the General Customs Department.

B. Centres and establishments for the welfare of disabled persons, belonging to the government or charitable societies shall be exempted from the buildings, lands and education taxes imposed on the real estates owned by such centres, and shall be exempted from the registration fees for the real estates they own, and any other revenues or royalties for improvements, and fees collected by any Municipality or Rural Council in the Kingdom, as long as these real estates are being used for services for disabled persons; the exemption shall be issued at the discretion of the Minister.

Article (6)

A. A council to be known as ?The National Council for the Welfare of Disabled Persons ?shall be established under the presidency of the Minister and with the following members:

Vice Chairman

1. Secretary-General of the Ministry

Members

2. Secretary-General Ministry of Labour

3. Secretary-General Ministry of Education

4. Secretary-General, Ministry of Health

5. Secretary-General Ministry of Higher Education

6. Representative of the Ministry of Youth

7. Representative of the Ministry of Information

8. Representative of the General Headquarters of the Jordanian Armed Forces

9. Representative of the Queen Alia Voluntary Fund, to be nominated by the Fund‚s Council of Trustees

10. Representative of the Executive Council of the General Union of the Voluntary Agencies, to be nominated by the Executive Council

Member & Rapporteur

11. Director of Special Education at the Ministry

Members

12. Representative for non-governmental centres and establishments working in different fields of disability, nominated by the Ministry

13. Representative for the Guardians of disabled persons, nominated by the Minister

14. Three Representatives for disabled persons, nominated by the Minister, one being physically disabled, one blind and one deaf.

15. Representative of the Jordanian University, to be nominated by its President

B. The Minister shall appoint a civil servant of the Ministry as Secretary

C. At the discretion of the President of the National Council, the Council of Ministers has the right to co-opt within the membership of the Council a maximum

of three persons dealing with the welfare and affairs of disabled persons.

D. The term of office for the council shall be three years.

E. The Council shall meet at least once every three months and whenever the need necessitates, at a call by its President. The meeting of the Council shall be legal if the majority of its members and the President or his deputy are present. Decisions shall be taken unanimously or by majority vote of those attending the meeting; and if the votes of both sides are equal, the side including the chairman of the meeting will prevail.

Article 7

The Council shall assume the following tasks and powers:

A. Drafting the general policy for the welfare, rehabilitation and education of disabled persons.

B. To lay down a national plan for the protection against the occurrence of disability, the alleviation of its consequences and the mitigation of its aggravation.

C. Soliciting aid and donations to support projects pertaining to the welfare of disabled persons providing that the approval of the council of Ministers is obtained whenever such aid and donations come from foreign sources.

D. Proposing special draft regulations pertaining to disabled persons and as required for the implementation of this Law.

E. Laying down internal executive and organisational instructions for the administrative, educational and rehabilitation projects and programmes as required for the implementation of this Law and the regulations issued thereunder.

Article 8

When constructing official and public buildings and opening roads, the concerned parties shall make arrangements for the required special lanes and facilities and the necessary devices for the use of disabled persons to facilitate their ease of movement and to ensure their safety.

Article 9

A. Local and foreign special establishments and centres for the welfare and rehabilitation of disabled persons, shall be established in accordance with a license, to be issued by the Minister, and this license shall be temporary or permanent according to the regulations issued for this purpose by the Minister.

B. Any temporary or permanent license issued by the Minister prior to the enforcement of this Law shall be considered as issued thereunder.

Article 10

In the event that any school or establishment or centre of the establishments, centres and schools for the welfare of disabled persons violates any of the provisions of this Law or any regulations issued thereunder; the concerned Minister shall serve it a warning to remove this violation within a period he shall determine. If the transgressor fails to remove the causes of the violation within that period of if the violation continues or re-occurs, the concerned Minister may close down the establishment for the period he deems appropriate, or may abolish its license absolutely.

Article 11

The Council of Ministers shall issue the regulations necessary for the implementation of the provisions of this Law.

Article 12

The Prime Minister and the Ministers are charged with the execution of the provisions of this Law.
 

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