Egyptian legal acts regarding health care of disabled children

1.

EGYPTIAN LEGAL ACTS REGARDING
HEALTH CARE OF DISABLED CHILDREN
DONE BY: SOLIMAN MOHAMED MAHMOUD

2.

NAME AND YEAR OF ADOPTION:
• The legal acts adopted by Egypt in the field of child law are represented by law
No.12 of 1996 which was amended by the law No.126 of 2008, and in light of
this law the national council of childhood and motherhood was established.
• This law consists of several parts concerning different aspects of child law, the
sixth part is devoted to the field of health care of disabled children.

3.

GOALS:
• This law was adopted to ensure the protection of the child from disability and
from all work liable to harm his health or his development.
• It was adopted to provide an equal opportunity to disabled individuals without
discrimination to be integrated within the community.
• To provide rehabilitation to disabled children and to help them and their
families to overcome the consequences of their disabilities.

4.

PRINCIPLES:
• By these acts, the disabled individual has:
1. The right to respect for human dignity.
2. The right to same civil and political rights as other human beings.
3. Right to medical, psychological and functional treatment as necessary.
4. Right to economic and social security, including the right to employment when
he reaches the age of work.
5. Right to protection against exploitation, discrimination and abuse.

5.

CONTENTS:
• Article 75:
The State shall ensure the protection of the child from disability and from all work liable to harm his
health or his physical, mental, spiritual, or social development. The State shall take all necessary
measures for the early detection of disabilities, the rehabilitation of the disabled, and employment of
the disabled when they reach the age of work. The State shall take all appropriate measures for media
participation in the awareness and guidance programs on the prevention of disability, focusing on the
rights of disabled children to increase their awareness of as well as that of their caregivers to facilitate
their integration and participation in the society.
• Article 76:
A disabled child shall have the right to enjoy special social, physical, and mental care promoting selfreliance, and facilitating the child's integration and participation in the community.

6.

• Article 76-bis:
A disabled child shall have the right to education, training, and vocational rehabilitation at the same
schools, institutes, and training centers available to non- disabled children, except in exceptional
cases resulting from the nature and degree of disability. In such exceptional cases, the State shall be
ensure education and training in classes, schools, institutions, or special training centers, as the case
may be. Such institutions shall meet the following requirements:
1 - To be linked to the regular education system as well as to the training and vocational
rehabilitation system for non-disabled children.
2 - To meet the needs of the disabled child and be located in near his home.
3 - To provide all disabled children with comprehensive education or training program,
whatever their age or degree of disability.

7.

• Article 86:
Shall be exempted from all types of taxes, duties, and fees all prosthetic equipment and their
spare parts, the equipment needed for their production, and the means of transportation for the use
of the disabled child and for his rehabilitation. It is prohibited to use this equipment and means of
transportation by non- disabled persons, and any person who commits such an offence shall be
imprisoned for a period not less than one (1) year and a fine of not less than two thousands
(2,000) Egyptian Pounds and not exceeding ten thousands (10,000) Egyptian Pounds, in addition
to confiscating the equipment in question.

8.

PRACTICAL REALIZATION:
• The principles and provisions of this law are protected and enforced by the state in Egypt, and any
violation of these provisions is punishable by penalty or imprisonment.
• To ensure the full implementation of the provisions in this law and to detect and fight any
violation of them, the national council of childhood and motherhood (NCCM) was established by
a decree from the president of the republic, A fund was established affiliated to the NCCM, it was
named the Childhood and Motherhood Care Fund. This Fund has the status of a legal person and a
special budget.
• The Fund has a board of directors chaired by the Secretary General of the NCCM. The Prime
Minister issues a decree determining the composition of the board of directors of the Fund and its
operative system.

9.

SIGNIFICANCE:
• This law is important to protect The right of the disabled child to life, survival, and
development in a supportive family environment, to enjoy health care services, and to be
protected from all forms of violence, or injury, or physical, mental or sexual abuse.
• It’s also important to protect the disabled children for all forms of exploitation, discrimination
or abuse.