“ A new vision to improve the conditions of the handicapped in Egypt“

 Policy Paper

Issued it

Public Policy Analysis and Human Rights Unit

Affiliate Foundation

, Maat for Peace, Development, and Human Rights

Under a project

The Universal Periodic Review as a Tool to Improve Public Policies during the Transition

December 2016

  “This release was implemented with the help of the European Union. The content of this publication is the responsibility of the Maat Foundation for Peace, Development and Human Rights and can in no way be considered a reflection of the vision of the European Union.

A new vision to improve the conditions of the handicapped in Egypt

Introduction:

Egypt is considered one of the highest countries in the world in the percentage of disability among members of society, where the percentage of disabled people from 10% to 12% out of the population of Egypt is at least 10 to 12 million people according to the statement of the Prime Minister[1]It is a large number whose energies and capabilities have not been invested, which reflects the scale of the problem.

On the other hand, Egypt faces multiple challenges in the issue of people with disabilities, starting from the lack of protective legislation for persons with disabilities, and its restriction to the Rehabilitation Law No. 39 of 1975 and the absence of severe penalties for violating its articles, and there is also another challenge, which is the state's failure to establish programs For people with disabilities, to eradicate illiteracy, training, rehabilitation, and employment, and to achieve educational integration of various disability groups.

Within the framework of the “Public Policy Analysis and Human Rights Unit” interest in the Maat Foundation for Peace, Development and Human Rights with the recommendations that were made to Egypt in light of the UPR and the Egyptian government's position on the recommendations and in light of the Foundation’s implementation of the “Universal Periodic Review as a tool for improving public policies during the transitional phase”, Funded by the European Union during 2016-2017, the Foundation has focused on shedding light on this issue through a paper that explains the most important problems facing people with disabilities.

The paper dealt with the issue in several axes, where it talked in the first axis about the conditions of people with disabilities in Egypt, then moved to monitor in the second axis the constitutional, legislative and legal frameworks, and in the third axis the paper talked about the most important problems of people with disabilities at the legislative level, and in its last axis the paper presented some solutions and recommendations which The most prominent of these was the adoption of a comprehensive law on the rights of persons with disabilities.

Conditions of people with disabilities in Egypt

Egypt is one of the countries in the world with the highest disability rate among its society, with the number of disabled people from 10% to 12%. Despite this huge number of handicapped people in Egypt, they suffer, according to all the reports issued by human rights centers as well as from some government agencies such as the Central Agency for Mobilization and Statistics, which in its entirety refer to their poor conditions to a degree that can be described as neglect, and a waste of rights that have affirmed It has international charters, local laws, and the new constitution. So far, according to the vision of many people with disabilities, the disabled in Egypt has not achieved their right, except by consuming media talk without implementation. The articles that came in the 2014 constitution have not been achieved until now except for obliging electoral lists to Parliament to include the percentage approved by it. the Constitution.

On the other hand, the National Council for Disability Affairs, which was established in November 2012 and was included under the umbrella of social solidarity in September 2014 AD, has not yet achieved, according to all the stories of the disabled themselves, its objectives properly, including, for example: -

1. The right to monitor the commitment of other ministries to implement the rights of the disabled
2. Establishing centers to train people with disabilities, raise their skills, and prepare them for the labor market
3. Increasing the percentage of their appointment in government institutions to 7%, as well as activating the Ministry of Housing's Availability Code Law
4. Enabling people with disabilities to exercise their lives or political rights.

Also in 2012, the Disability Affairs Unit was established in the National Council for Human Rights, whose first role was: - Enhancing understanding of disability issues, mobilizing support for the dignity of persons with disabilities and their rights and raising awareness of the inclusion of persons with disabilities in all aspects of political, social, economic and cultural life, and the goal is In the enjoyment of human rights by persons with disabilities, and full participation in society on an equal basis with others in society, with the emphasis that the rights of people with disabilities are not charity or charity, but rather a right and an essential part that must be included in the country's economic and social plans, given that the percentage of people with disabilities in Egypt has more than 10%, but these principles have not yet been implemented.

The new Egyptian constitution also stipulated nine articles related to the rights of persons with disabilities, but the government has not yet submitted a package of legislation and legislative amendments necessary to enforce the constitutional articles so far, such as the Rights of Persons with Disabilities Law.

Constitutional, legal and human rights frameworks for the disabled 

• The constitutional framework

The 2014 constitution stipulated nine articles on the rights of persons with disabilities and the obligation to implement international conventions, and these articles are 53,54,55,80,81,93,180,214,288

And the most important is the stipulation that in cases of restriction of freedom, the state is obligated to provide them with means of assistance and that is in Article 55 of the Constitution, which states: “Whoever is arrested, imprisoned, or whose freedom is restricted, he must be treated in a manner that preserves his dignity, and it is not permissible to torture, intimidate, or coerce him. He is not physically or mentally harmed, and his confinement or imprisonment is only in places designated for this, humanly and sanitary, and the state is obligated to provide means of access to persons with disabilities. Contravention of any of that is a crime punishable according to the law ...

The constitution also included the provision for their representation in the first parliament and in local councils, and to guarantee the rights of children with disabilities in Article 80, which stipulated in its second paragraph, “… The state guarantees the rights of children with disabilities, their rehabilitation and their integration into society. The state is obligated to care for the child and protect him from all forms of violence, abuse, ill-treatment, sexual and commercial exploitation ... ”.

The constitution also stipulates the appropriate integration of the disabled into society, through Article 81, which stipulates that “The state shall guarantee the health, economic, social, cultural, recreational, sports, and educational rights of persons with disabilities, and provide them with employment opportunities, while allocating a percentage of them to them, and preparing facilities. The public and the environment surrounding them, their exercise of all political rights, and their integration with other citizens, in implementation of the principles of equality, justice and equal opportunities.

The Egyptian constitution also approved the establishment of the National Council for Persons with Disabilities, as stipulated in Article 214 of the Constitution, which stipulates that “The law determines independent national councils, including the National Council for Human Rights, the National Council for Women, the National Council for Childhood and Motherhood, the National Council for Persons with Disabilities, and the law defines How each of them is formed, its competencies, and guarantees of independence and impartiality of its members, and it has the right to inform public authorities of any violation related to its field of work. These councils have legal personality and technical, financial and administrative independence, and their opinion is taken in draft laws, regulations related to them, and the field of its work. ”The 2014 constitution is the first Egyptian constitution to recognize that people with disabilities are rights holders and are not eligible for sponsorship from the state or any other.

• Framework law

Law No. 39 of 1975 regarding the rehabilitation of the disabled and its amendments 

 Concerned in the whole to qualify and allocate a certain percentage in government appointments and obligate the private sector, whose strength exceeds 50 workers, to appoint a percentage of people with disabilities at work

 Child Law promulgated No. 12 of 1996 and its amendments

 Paragraph (b) of Article Three of the law stipulates the guarantee of “protection from any kind of discrimination between children, because of their place of birth, parents, gender, religion, race, disability, or any other status, and ensuring de facto equality between them in use All rights. ”

The law also completely devotes Chapter Six to the protection and rehabilitation of a disabled child, from Article 75 to Article 85, as the state guarantees, through these articles, the protection of children with disabilities from any action that harms their health or development, and the law also commits to the right of the disabled child to enjoy special care and the right In education, training, vocational rehabilitation, psychological, service and social rehabilitation.

The law also stipulated the approval of specifying jobs related to the state’s administrative apparatus, public bodies, public sector units, and the public business sector to be allocated to disabled children who obtained a qualification certificate, in accordance with the rules legally regulating this. The law also required employers to employ children with disabilities who were nominated by the offices of the workforce at a minimum. Two per cent of the five per cent stipulated in Law No. 39 of 1975 regarding the rehabilitation of the disabled

Parliament election law

Article 2: Citizen with Disabilities: Whoever suffers from a disability that does not prevent him from exercising his civil and political rights as determined by a medical report issued in accordance with the conditions and controls set by the Supreme Elections Commission after consulting the National Council for Persons with Disabilities

Article 5: In the first elections to the House of Representatives to be held after the implementation of this law, each list for which 15 seats are allocated must include at least the following numbers and attributes: - “………… .. a candidate with disabilities …………. Each list for which 45 is designated shall include at least the following numbers and attributes: -… .. Three candidates from among the persons with disabilities ………. A list that does not fulfill any of the terms and conditions referred to in this article will not be accepted.

Also Decision of the President of the Arab Republic of Egypt No. 400 of his age 2007 Approval of the International Convention on the Rights of Persons with Disabilities, ratified by the People's Assembly.

Cabinet Resolution No. 410 of 2012 establishing the National Council for Disability Affairs, amended by Decisions No. 671 for the year 2012 and 1658 for the year 2014, and Decisions 141 and 247 for the year 2105 and the last amendment decision No. 1106 for the year 2015

 Creation Resolution No. 410 of 2012 stipulates that “The Prime Minister decided to establish the National Council for the Care of People with Disabilities, provided that it has a legal personality and reports to the Prime Minister, and its main headquarters is in Cairo Governorate, and it may establish branches in the rest of the governorates. And that the president of the council is the prime minister or whoever he delegates, and the membership of each of the ministers of planning, international cooperation, insurance, social affairs, education, higher education, local development, finance, health, population, workforce, immigration, the general secretary of the National Council for Childhood and Motherhood, the director of medical services for the armed forces, and the president of the General Federation of Associations And civil institutions, and the Secretary General of the National Council for People with Disabilities, in addition to three members representing associations and civil institutions concerned with the activities of the care and rehabilitation of the handicapped, four members including a woman among the public figures with expertise in the affairs of people with disabilities, and four representatives of people with different disabilities are chosen each Three years

But all the amendment decisions came after that to reduce the role of the Council and limit its powers, and then make it supervised by the Ministry of Solidarity, which made it not have any tangible role on the ground.

• The human rights framework

Universal Declaration of Human Rights: And which emphasized in the second article of it that all individuals enjoy all the rights stipulated in this declaration without discrimination of any kind or status.

The International Covenant on Social, Economic and Cultural Rights: Which came to affirm without discrimination the right to social security and social security Article 6, the right to physical and mental health, Article 12, and the guarantee of the right to education, Article 13

International Covenant on Civil and Political Rights Which referred to the right to life and related rights of the individual to the integrity of his person and the guarantee of individual security, as well as the right to life and to express opinion, freedom of movement, freedom of belief, the right to participate in political life and the right to hold public office with an assertion that every state is a party to this The Covenant is committed to respect and guarantee all these rights for all individuals within its territory and within its jurisdiction without any discrimination of any kind. Article 2.

Declaration on the Rights of the Mentally Handicapped He stressed that states should bear in mind the need to assist mentally retarded persons and work to develop capabilities and facilitate their integration, stressing that the mentally retarded person has the same rights as all other human beings, and that he has the right to care, treatment, training, rehabilitation, education and guidance in what is necessary to develop his capabilities and energies Article 2, In addition to his right to enjoy economic security, an adequate standard of living, and his right to work, Article 3, in addition to his right to reside with his family, his right to litigation, and his protection from exploitation.

Universal Declaration of the Rights of the Disabled  : Which is considered as the basis on which most of the legislation of the countries of the world relied upon to enshrine the rights of the handicapped, as this intended declaration deals with the disabled and the rights that the state must guarantee to him, such as the right to respect his dignity and his right to an appropriate environment that is achieved by harmonizing places to facilitate his movement, his movements and his right to care. Rehabilitation, his right to health care, his right to receive compensation for those who caused his disability, his right to an adequate standard of living, and his right to legal aid.

International conventions: Convention for Persons with Disabilities: fThe purpose of this convention is to promote, protect and ensure the full enjoyment by all persons with disabilities, on an equal basis with others, of all human rights and fundamental freedoms, and to promote respect for their inherent dignity.

The agreement set one goal and was brief, so as not to leave room for any effort in its interpretation. The agreement affirmed the equality of all basic rights and freedoms without exception. That is, it refuses to result in the existence of a disability any diminution of human rights, and that thought has clearly emerged in Article Three, which states eight general principles, which are the following:

• Respect for people's inherent dignity and autonomy, including the freedom to make their own choices, and their independence
• Non-discrimination
• Ensure the full and effective participation and participation of persons with disabilities in society,
• Respecting differences and accepting persons with disabilities as part of human diversity and human nature
• Equal opportunity
• Accessibility
• equality between man and woman
• Respecting the developing capabilities of children with disabilities and their right to preserve their identity.

Based on these principles, the agreement defined the obligations that, with the ratification of the convention, would transform into national obligations that would be incorporated into government policies and programs and in the programs of institutions and associations operating within the scope of national law.

The Universal Periodic Review

Egypt presented a number of 9 recommendations for the rights of people with disabilities. Egypt supported eight of them completely and commented on one by taking note of the recommendations. The text of the recommendations was as follows: -

Recommendations that were fully supported

• Ensuring that persons with disabilities enjoy their rights in detention centers provided by the Plurinational State of Bolivia
• Ensure the rights of detainees with disabilities by providing separate detention centers provided by the State of Jordan
• Ensure that persons with disabilities enjoy their rights in detention centers provided by the State of Myanmar
• Continuing to support persons with disabilities in making decisions related to their basic rights provided by Venezuela
• Continuing to create conditions for the participation of persons with disabilities in public life in the country and in decision-making in matters related to the realization of their rights provided by the State of Belarus
• Promoting national bodies responsible for ensuring protection of the rights of persons with disabilities in all forms of violations and promoting their full inclusion in society provided by the State of Côte d'Ivoire
• Increasing the opportunities for expressing opinions available to people with disabilities provided by the State of Kuwait
• Continuing efforts aimed at guaranteeing the rights of persons with disabilities and improving their integration into society provided by the State of Lebanon

Egypt commented on the following recommendation by taking note of it

• The ratification of the Optional Protocol to the Convention on the Rights of Persons with Disabilities submitted by Niger

Problems facing people with disabilities

Legislation

• Although Law No. 39 of 1975 stipulated the allocation of the TTP1T 5 percentage of jobs to any governmental institution or private sector whose employees exceed fifty workers, the penalty mentioned in this law is a hundred pounds fine, which is a non-deterrent penalty at the present time, as the percentage It is considered little due to the issuance of the law more than 40 years ago and the increasing number of people with disabilities with the increasing population
• The transfer of the subordination of the National Council for Disabled Affairs from the Council of Ministers to the Ministry of Social Solidarity has limited the independence of the Council and its authority in making its decisions, and until now the crisis remains suspended in light of the government’s intransigence in transferring the subordination of the Council and the rejection of those in charge of the Council’s management and working civil society organizations In the field of defending the rights of citizens with disabilities.
• Egypt also suffers greatly from the failure to integrate disability issues into the core of development policies and plans to achieve the Millennium Goals and strategies to combat poverty in an appropriate and effective manner, as a result of the shortage of resources or failure to allocate them according to social priorities that give the necessary importance to the realization of the rights of the disabled.
• Egypt did not sign the Optional Protocol to the Disabled Persons Agreement, which is the binding aspect to it, which is consistent with the text of Article 93 of the Egyptian Constitution

The right to political and public participation

• Also in the last elections, voting committees were disproportionate to the disabled, and one of the most important problems for people with disabilities is the right to political participation in accordance with their constitutional right to practice voting, as people with hearing disabilities suffered from the lack of sign interpreters.
• The absence of instructional signs on the streets in the way of writing Braille for the blind.
• The presence of many election committees in the upper floors, which made it difficult for people with mobility disabilities to participate and other means of access supposed to be available in the committees in the electoral processes as a fundamental right for people with disabilities.
• The inability of the disabled person to participate in recreational, cultural and sports activities as a result of the absence of legislation regulating the rights of persons with disabilities in Egypt in accordance with international treaties.

Public utilities and transportation

• People with disabilities have a problem with access to public facilities. Even if the practical environment is prepared in the capital and cities, this is not the case in remote and rural areas. In the area of Greater Cairo, there are no means of transportation prepared to accommodate people with mobility disabilities.
• People with disabilities also suffer from the lack of places designated for them in public places.
• Failure to equip public facilities and most government offices to receive the handicapped

Weak community education

• The disabled suffers from problematic acceptance into the family community. There has been an improvement in the family’s level of acceptance of its disabled child, but there are still greater difficulties at the level of the extended family, which still often rejects the disabled member due to the absence and neglect of human rights issues in general and especially the issue of people with disabilities.
• The issues of people with disabilities were completely absent from the visual, readable and audible media attention in terms of presenting their case and educating society about its importance and spreading a culture of acceptance and inclusion of them, which also led to the continuation of the phenomenon of deprecating the disabled
• The limited spread of the concepts of right, participation, empowerment and inclusion.

Recommendations                                

From the foregoing it becomes clear to us that there is a major problem in the absence of comprehensive legislation regulating the access of people with disabilities to their rights, and the legislator must prepare a law that ensures that persons with disabilities benefit from development services and opportunities, and civil society must play an active role in this problem, especially in the problem of inclusion Persons with disabilities in public life and at the level of education and training of those dealing with persons with disabilities, and accordingly, the Public Policy Analysis and Human Rights Unit at Maat Foundation proposes that a comprehensive law be issued for persons with disabilities that guarantees the following principles: -

• Signing the Optional Protocol to the International Convention on the Rights of Persons with Disabilities, in implementation of the text of Article 93 of the Constitution
• Adoption of a comprehensive law for people with disabilities that includes everything related to the rights of people with disabilities in their public life.
• The commitment of the law to the principle of positive discrimination for a specific period of time, while establishing equality and non-discrimination against the disabled.
• Establishing pensions for people with disabilities who are unable to work, equal to the minimum wage in view of the economic situation for them and their families, and criminalizing and punishing those who use their disability in begging and whoever drives them to use disability in begging.
• Allocating a service office at the headquarters of ministries and police stations to take care of the handicapped.
• Assigning a legal committee in all branches of the Bar Association to be competent to defend the rights of people with disabilities, and to apply materials on how to investigate them, and to treat them during detention or punish them in prisons. And to provide a legal aid or interpreter of his sign, as necessary, to ensure the right of defense for people with disabilities.
• Establishing an inspection committee under the Council of Ministers with great powers to follow up the institutes and educational centers for the disabled.

The unit believes that civil society organizations should play an active role in integrating persons with disabilities into public life quickly and with a well-studied scientific approach, and on the other hand, work to educate those dealing with them and you through

• Allocating professional diplomas in the Faculties of Education and Departments of Psychology, Sociology and Physiotherapy to study the conditions and conditions of people with disabilities, in order to provide the necessary human capacities to implement the integration and rehabilitation of people with disabilities
• Work to consolidate the concept of the disabled person's ability and right to participate in it, with the aim of emphasizing the responsibility of the state, society and the family in addressing disability issues.
• Providing the necessary rehabilitation, training, awareness, counseling and support to the families of persons with disabilities, considering it the natural place for the life of a person with disabilities, and providing appropriate conditions for their care within it.
• The use of persons with disabilities themselves in training centers and courses qualified for those who then undertake to work in their own bodies.
• Working on direct contact with international centers concerned with disability affairs to exchange experiences, update systems and participate in training workshops and conferences that they hold.
• Demanding the media to adopt the issues of persons with disabilities in order to speed up their integration into society through continuous awareness programs in all print, audio and visual media.

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[1] - Al-Wafd newspaper on May 9, 2016 https://goo.gl/EbeWTr 

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