The Rights of Persons with Disabilities Law in Saudi Arabia

The Rights of Persons with Disabilities Law in the Kingdom of Saudi Arabia is a set of legal rules and procedures that regulate matters concerning individuals with disabilities in the Kingdom. The law was issued by Royal Decree on August 27, 2023, and approved by the Council of Ministers on August 22, 2023. It replaced the Disability Welfare Law, which was issued on 19 December 2000.

The Rights of Persons with Disabilities Law consists of thirty-three articles, divided into five parts. Its contents include definitions and general principles, objectives of the law, rights and services, social and economic support, violations and penalties, prohibitions for government entities, and review committees.

According to Article Two, the Rights of Persons with Disabilities Law aims to protect and promote the rights of persons with disabilities, ensuring their access to all services on an equal basis with others. It emphasizes the availability of accessibility requirements and reasonable accommodations, non-discrimination based on disability, equal opportunities, and the empowerment of persons with disabilities to participate in managing their own affairs. The law mandates the inclusion of the needs of persons with disabilities in government and non-government strategies, legislation, activities, policies, plans, programs, and designs. It also includes the adoption of alternative and appropriate methods of communication with persons with disabilities, such as written or verbal communication, sign language, or other means. Additionally, the law affirms that persons with disabilities who have reached adulthood have the legal capacity to make decisions unless their disability prevents them from doing so. It also calls for training personnel in all relevant sectors on how to interact and communicate with persons with disabilities and raising awareness of their rights.

Article Three of the Rights of Persons with Disabilities Law stipulates their right to access the physical environments surrounding them in all facilities and establishments. This includes ensuring their right to move easily and safely during the design and construction of internal roads, sidewalks, pedestrian paths, and parking spaces. It also mandates the implementation of accessibility requirements when issuing or renewing licenses for governmental and non-governmental facilities and establishments.

According to Article Four of the law, persons with disabilities have the right to be provided with accessibility requirements and reasonable accommodations at all stages of investigation, trial, and the execution of judgments. Additionally, Article Five grants them the right to have their specific needs considered when dealing with emergencies, natural disasters, and crises. Article Six further affirms their right to have their requirements and needs taken into account in traffic safety systems and guidelines.

The list of rights for persons with disabilities, according to Article Seven of the law, includes the right to move with the highest possible level of safety and independence. Additionally, Article Eight grants them the right to access supportive educational and training services at all stages, in environments that enable maximum academic, professional, technical, and social progress, without discrimination and based on equal opportunities. This includes considering the individual needs of persons with disabilities and adapting educational strategies, plans, curricula, training programs, modern assessment tools, and assistive technologies to meet their requirements. These measures enable persons with disabilities to acquire knowledge and skills that allow them to contribute effectively to the education and training system. The law also guarantees opportunities for persons with disabilities to be accepted into higher education, postgraduate studies, and scholarship programs, as well as the design and implementation of early intervention programs for children with disabilities.

Article Nine of the law guarantees the right of persons with disabilities to access healthcare services, including screening and diagnostic services, health registration, medical reports, preventive and therapeutic services, medical rehabilitation, general healthcare, home care, and other health services according to the medical requirements of each disability. It also includes reproductive health services, early detection programs for disabilities, and ensuring the availability of programs and services that prevent the worsening of diagnosed disabilities. The relevant entities responsible for providing healthcare services are required to include the needs of persons with disabilities in health services, programs, and information related to medication and nutrition, as well as in health policies, strategies, and plans. They must also eliminate any discriminatory requirements that prevent persons with disabilities from fully accessing medical and rehabilitative care, as well as assistive devices, through medical insurance companies.

Article Ten guarantees persons with disabilities the right to work and employment without discrimination, ensuring that work systems and environments are adapted to meet their needs. It mandates the design and implementation of employment programs for persons with disabilities, providing them with professional and technical training to encourage government and private sector employers to recruit and hire them. The law also ensures equal opportunities for their employment.

The rights of persons with disabilities, according to Article Eleven, include the right to access the facilities of the Two Holy Mosques, the holy sites, mosques, and prayer areas, ensuring the availability of accessibility requirements. Additionally, Article Twelve grants persons with disabilities the right to have their needs considered in the design and implementation of tourism, entertainment, cultural, and sports activities and programs. This includes supporting sports programs specifically for them and enabling their participation in local, regional, and international events.

The law, in Article Thirteen, obligates governmental and non-governmental entities to raise public awareness about disabilities and their various types, promote the status of persons with disabilities in society, and highlight their rights, abilities, and contributions. According to Article Fourteen, persons with disabilities have the right to access and benefit from written, visual, and audio content.

The Rights of Persons with Disabilities Law allocates provisions for their right to receive social and economic support. Article Fifteen specifically stipulates that persons with disabilities and their families have the right to access social support services that help them adapt to their disability and promote their integration into society. Article Sixteen stipulates that persons with disabilities have the right to receive assistive and supportive devices and medical aids based on their health condition and the requirements of their disability. According to Article Seventeen, the state covers the customs duties and taxes imposed on tools and devices specifically for persons with disabilities.

According to Article Eighteen, persons with disabilities are entitled to have their needs taken into account and to be granted equal access to banking, financial, and insurance services without discrimination. Additionally, according to Article Nineteen, persons with disabilities have the right to access social development lending services through programs that are facilitated and tailored specifically for them, either individually or collectively. Article Twenty stipulates that persons with disabilities have the right to have their needs and requirements considered in the design and implementation of housing projects.

Article Twenty-One of the Rights of Persons with Disabilities Law outlines violations of the law, which include: neglecting persons with disabilities, depriving them of their rights, exploiting them in any form, abusing them or mocking them, or physically, materially, or emotionally assaulting them. Violations also include impersonating persons with disabilities or providing false information to governmental or non-governmental entities to obtain benefits covered by this law or any other laws.

As for the penalties for violations in the Rights of Persons with Disabilities Law, Article Twenty-Two stipulates that offenders may be punished with imprisonment for a period not exceeding two years, a fine not exceeding SAR500,000, or both. The penalty is doubled if the person with a disability is a child or an elderly individual, and the competent court may issue an alternative penalty to imprisonment. Penalties also apply to non-governmental entities. Article Twenty-Six of the law stipulates that these entities may be fined up to SAR500,000 for violating the provisions of the law, with the penalty doubled in cases of repeated violations. The penalty decision may also be published at the expense of the convicted party, depending on the severity of the violation and its impact on society.