Protection of the Rights of the Disabled Under Omani Law

This guest blog post is contributed by Duniya Al-Nabhani – Law Master’s Student and SQE Candidate.

The recently issued Social Protection Law confirmed the importance that Oman gives to persons with disabilities by providing several rights and benefits to this vulnerable social group. These rights and benefits include providing a monthly guaranteed financial subsidy to every person with a disability and also allowing persons with disabilities to retire 10 years earlier than persons without disabilities. These fundamental rights granted by this new groundbreaking law are not the first or the only rights granted by Omani law to persons with disabilities as the Omani legal system has long recognised the need to provide them with special protections to address the inequality they face due to their disability. This post will highlight some of the other Omani laws that recognise the rights of the disabled.

The Basic Statute of the State

From the outset, the Omani Basic Statute of the State, i.e. the Constitution, recognises the rights of the disabled as a constitutional right under article 15 as it stipulates that the government shall provide care for children, persons with disabilities, the youth, and young individuals. This makes the protection of the disabled a constitutional fundamental right.

The Law on the Care and Rehabilitation of the Disabled

In addition to this, Oman has a dedicated law titled the Law on the Care and Rehabilitation of the Disabled promulgated by Royal Decree 63/2008, which defines key terms related to disabilities and outlines the responsibilities of the Ministry of Social Development and other government bodies in providing care and rehabilitation services. The law focuses on healthcare, education, vocational rehabilitation, employment opportunities, establishment of rehabilitation centres, and issuance of rehabilitation certificates.

The Law of the Child

In addition to this standalone Law on the Care and Rehabilitation of the Disabled, many other Omani laws have dedicated provisions relating to the protection of persons with disabilities. For example, Article 15 of the Law of the Child requires competent state bodies to take preventive and remedial measures for disability detection and appropriate treatment and to promote equality and non-discrimination based on various grounds, including disability. Article 52 of this law also guarantees the care and rehabilitation of disabled children in accordance with the Law on the Care and Rehabilitation of the Disabled.

The Labour Law

The Labour Law has long recognised the rights of the disabled and the need for integrating them, and this was reconfirmed in the newly issued Labour Law of 2023 which stipulates in article 24 that an employer who employs 40 or more workers must commit to hiring qualified disabled Omanis for jobs suitable to their conditions, within the limits of the ratio set by the ministerial decision.

The School Education Law

The School Education Law promulgated by Royal Decree 31/2023 also mandates in Article 34 that the Ministry of Education shall construct and maintain government school buildings that meet specific standards and requirements, and this includes ensuring suitable facilities and provisions for students with disabilities.

Telecommunication Service Regulation for the Disabled

It is also worth noting that the Telecommunications Regulatory Authority also issued Decision 41/2014 issuing the Regulation of the Provision of Telecommunication Services for the Disabled, which requires telecommunication licensees to offer various services, including interconnection services, voice, SMS, multimedia, video calling and data services, emergency call services, and directory services, to enhance accessibility for individuals with disabilities.

Conclusion

There is no doubt that the Oman legal system has put a significant amount of effort in supporting and integrating persons with disabilities. However, it is important to recognise that a lot of work is still required to fully realise the rights of the disabled as noted in a number of UN reports on Oman’s implementation of the Convention on the Rights of Persons with Disabilities. Such issues that Oman is required to work include additional work in the area of education to ensure an inclusive educational environment and providing specialised training for educators are vital for empowering individuals with disabilities through education; additional work in the area of employment as integrating persons with unique and different disabilities remains a challenge; and additional work in the area of physical accessibility as creating an environment that is accessible to all individuals, regardless of disability, requires significant financial investments.