Ali Zuweid's Political Programme
Proposed bill · Health, Social Protection and Family
Rights of Persons with Disabilities, Accessibility and Inclusion Law
A modern federal framework establishing equality and non-discrimination and transforming accessibility, reasonable accommodation, inclusive education, work and independent living from scattered privileges into enforceable rights, while preserving existing benefits and reorganising the Authority for the Rights of Persons with Disabilities without creating a parallel apparatus.
Executive Summary
Iraq has an existing legal framework for disability rights, beginning with Law No. (38) of 2013 and expanded by First Amendment Law No. (11) of 2024. The Authority for the Rights of Persons with Disabilities and Special Needs already operates within the Ministry of Labour and Social Affairs. The challenge, however, is no longer merely financial benefits or employment quotas, but a coherent rights system making schools, hospitals, courts, work, transport, digital services and housing genuinely accessible.
This bill proposes repealing Law No. (38) of 2013 and its first amendment and replacing them with a single law more consistent with the Convention on the Rights of Persons with Disabilities, while retaining the same authority, acquired rights and non-conflicting regulations. It retains the (5%) public employment quota and existing private sector minimum, protects full-time caregiver support, vehicle exemptions and other benefits, and adds reasonable accommodation, universal design, digital and physical accessibility, complaints and compensation mechanisms.
The bill prioritises measurable accessibility: a binding national code, audits of existing buildings, linking building and occupancy permits to compliance, public procurement standards and digital requirements no lower than WCAG 2.2 AA. It replaces exclusive reliance on disability percentages with support-needs assessment and establishes a pathway for personal assistance and independent living alongside full-time caregiver support.
The bill also avoids creating new institutions unless necessary and assigns each sector its original responsibility: health to health authorities, education to education authorities, transport to transport authorities, work to employers, and coordination, monitoring and administration of relevant entitlements to the Authority. The goal is to embed disability rights in the design of the state and public services, rather than treat them as a separate file addressed only on request.
Contents
- Executive Summary
- Constitutional and Legal Context
- Legislative Policy
- Text of the Bill
- Chapter One — General Provisions and Principles (Articles 1–10)
- Chapter Two — Equality, Legal Capacity, Access to Justice and Protection (Articles 11–21)
- Chapter Three — Accessibility, Universal Design and Communication (Articles 22–34)
- Chapter Four — Health, Habilitation, Rehabilitation and Assistive Technology (Articles 35–43)
- Chapter Five — Education and Skills (Articles 44–51)
- Chapter Six — Work and Economic Empowerment (Articles 52–61)
- Chapter Seven — Social Protection, Independent Living, Family and Housing (Articles 62–72)
- Chapter Eight — Public Participation, Culture, Sport and Emergencies (Articles 73–80)
- Chapter Nine — Rights Authority, Governance and Oversight (Articles 81–89)
- Chapter Ten — Enforcement, Penalties, Transitional and Final Provisions (Articles 90–98)
- Statement of Reasons and Explanatory Memorandum
- Alignment with Existing Legislation
- Transitional Provisions and Implementation Requirements
- Financial and Implementation Impact
- Safeguards and Oversight
- International and Comparative References
- Sources and References
Constitutional and Legal Context
Article (32) of the Iraqi Constitution provides for care of persons with disabilities and guarantees their rehabilitation for integration into society. The Constitution also establishes equality, equal opportunities, the right to work and social and health security. Iraq acceded to the Convention on the Rights of Persons with Disabilities on 20 March 2013; Law No. (38) of 2013 followed that year, establishing the Authority and regulating a range of rights and benefits.
Law No. (11) of 2024 introduced a substantial amendment, replacing ‘care’ with ‘rights’ in the law's title, expanding ministerial obligations, updating disability employment provisions and regulating aspects of full-time caregiver support, vehicles and accessibility. However, Federal Supreme Court decision (186/Federal/2024) declared unconstitutional the provision reserving a proportion of Hajj places. Any redrafting must respect this constitutional limit.
Implementation remained an open issue in 2026: the Council of Representatives called for activating the law and ensuring entitlements; the Labour Committee discussed amendments and implementation mechanisms; and new instructions regulated the Authority's organisational units. The gap is therefore not complete absence of law, but fragmentation of rights across sectoral benefits, traditional medical criteria and weak accessibility, complaint and enforcement mechanisms, and shortcomings in the transition from care to independence and community living.
This bill proposes repealing Law No. (38) of 2013 and its first amendment and replacing them with a comprehensive rights-based law, while retaining the same Authority, avoiding a new bureaucracy and preserving acquired rights and more generous benefits. It focuses on four connected areas: equality and reasonable accommodation; physical and digital accessibility; health, education, work and independent living services; and measurable, accountable governance.
Proposed Legislative Policy
The bill retains the existing Authority for the Rights of Persons with Disabilities and redefines its role as coordination, monitoring and administration of entitlements within its remit, while leaving sectoral responsibility with the original ministries and bodies. The Authority does not replace education, health, transport or labour inspection authorities.
The bill adopts a social and rights-based model of disability. Medical diagnosis may remain necessary for treatment or certain benefits, but is not the sole gateway to every right. Refusal of reasonable accommodation becomes enforceable discrimination, and accessibility changes from a general recommendation into an obligation linked to construction, licensing, procurement, digital services and transport.
For employment, the bill preserves the (5%) public sector quota and existing private sector minimum, adding indicators for actual jobs, retention and promotion and prohibiting fictitious employment. For social protection, it preserves full-time caregiver support, exemptions and existing benefits while adding personal assistance and independent living support.
The bill gives no aggregate financial figure because most benefits already exist and no published national account identifies the cost of closing accessibility, staffing and service gaps in each governorate. Instead of an unreliable figure, it requires accessibility audits, a baseline and transitional costs within timetables, followed by inclusion in budgets and sector plans.
| Area | Current position | Proposed transformation |
|---|---|---|
| Rights framework | Historical focus on care and benefits, with a rights-based expansion in the 2024 amendment. | Enforceable rights, denial of accommodation as discrimination, and complaint and compensation mechanisms. |
| Accessibility | Obligations distributed across multiple bodies. | A national code, audits, compliance certification and links to building permits, occupancy permits and procurement. |
| Digital identity and services | The 2024 amendment added technology and general accessibility. | An explicit digital standard of at least WCAG 2.2 AA and an alternative mechanism where access fails. |
| Education | Rights, places and obligations concerning special education and inclusion. | Inclusive education as the rule, individual support and accessible examinations, platforms and curricula. |
| Employment | 5% public and 3% private within statutory thresholds. | Retained quotas with measurement of actual jobs, retention and promotion and implementation of reasonable accommodation. |
| Social protection | Full-time caregiver support, allowances and exemptions. | Preserved rights, support-needs assessment and personal assistance, and prevention of a benefit-loss trap on entering employment. |
| Institutions | An existing authority attached to the Ministry of Labour. | Continuation of the same Authority with clearer boundaries, broader participation of persons with disabilities and compliance indicators. |
Text of the Bill
In the name of the people
Presidency of the Republic
On the basis of what the Council of Representatives has approved pursuant to Article (61), paragraph (First), and Article (73), paragraph (Third), of the Constitution of the Republic of Iraq, the following law is issued:
Rights of Persons with Disabilities, Accessibility and Inclusion Law
Chapter One — General Provisions and Principles
Article (1) — Definitions
For this Law, the following expressions have these meanings. Person with a disability: anyone with a long-term physical, mental, intellectual, sensory or psychosocial impairment which, in interaction with barriers, may hinder full and effective participation in society on an equal basis with others. Disability discrimination: any distinction, exclusion, restriction or denial of reasonable accommodation whose purpose or effect impairs or nullifies recognition or exercise of a right. Reasonable accommodation: necessary and appropriate modification or adjustment in a particular case, not imposing a disproportionate or undue burden, to ensure equal enjoyment of rights. Universal design: designing products, environments, programmes and services for use by all people to the greatest extent possible without subsequent adaptation, without excluding assistive devices or services where needed. Accessibility: removing physical, communication, digital and institutional barriers to safe, independent access and use. Assistive technology: products, devices, software and services that maintain or improve functioning or compensate for its limitations. Personal assistance: human support chosen by the person, who determines how and when it is provided, to enhance independence and community living. Language and communication: include spoken and sign languages, text, Braille, easy-read formats, augmentative and alternative communication, accessible media and accessible information and communication technologies.
Article (2) — Objectives
This Law aims to move from care and scattered benefits to a unified rights framework ensuring equality, non-discrimination, independence, accessibility and full participation of persons with disabilities in public and private life.
It preserves more extensive rights and material benefits under applicable legislation, develops them consistently with the Constitution and Convention on the Rights of Persons with Disabilities, and imposes measurable, enforceable duties on public authorities, service providers, employers and entities offering goods or services to the public.
Article (3) — Scope
This Law applies to federal authorities, ministries, bodies not attached to a ministry, public companies, local authorities, educational and health institutions, transport, telecommunications and digital service providers, and the private and mixed sectors insofar as they conduct activities or offer services, goods or employment opportunities to the public.
Equality, non-discrimination and procedural safeguards shall apply as minimum rights protection within the constitutional distribution of powers. Coordination with Kurdistan Region authorities shall ensure portability of services and data and mutual recognition of documents without diminishing constitutional competences.
Article (4) — Governing principles
All bodies implementing this Law shall respect dignity, independence, freedom of choice, non-discrimination, full participation, equal opportunities, accessibility, equality between women and men, and the evolving capacities of children with disabilities and their right to preserve their identity.
Disability shall not be treated as a personal defect justifying segregation or deprivation. Intervention shall remove barriers, provide support chosen by the person and enable equal decision-making and participation.
Article (5) — Continuation of acquired rights
Changing terminology or reorganising entitlements under this Law shall not extinguish any financial, employment, educational or health right, exemption or benefit lawfully acquired under the amended Rights of Persons with Disabilities and Special Needs Law No. (38) of 2013.
Existing benefits shall continue until reassessed under this Law's criteria and shall not be stopped solely because definitions or classifications differ. Persons covered exclusively under the category ‘persons with special needs’ who do not meet Article (1)'s disability definition shall retain acquired rights for a transition of at least twenty-four months until their legal basis is regulated in the relevant legislation.
Article (6) — Effective participation in decision-making
No policy, regulation, instructions or national standard affecting disability rights meets participation requirements unless early, accessible and documented consultation takes place with persons with disabilities, including women, young people and children according to age, through their representative organisations.
The consulting body shall provide materials in accessible formats, sign language, Braille and easy-read where needed, allow reasonable response time and publish an account of how material comments were addressed.
Article (7) — Protection against regression
No regulation, instructions or administrative decision shall diminish the protection, exemptions or access opportunities established by this Law except as authorised by law, for a legitimate purpose and proportionately, with an explanation of its impact on persons with disabilities and the availability of less restrictive alternatives.
Where two provisions conflict, the one better protecting the person's right shall apply unless the later provision expressly intended to amend that right within constitutional necessity.
Article (8) — Rights-based statistics
Disability data shall be collected through functional questions and modern scientific criteria. Proof of disability shall not be reduced to a medical impairment percentage except where a specific benefit requires assessment of support needs or functional ability.
Published data shall be disaggregated by sex, age, governorate, barrier type and service, while protecting privacy and prohibiting publication of identifiable personal data.
Article (9) — Organisations representing persons with disabilities
A representative organisation is one led by persons with disabilities or in which they effectively control decisions. Representation on councils and in consultations shall follow transparent criteria preventing monopoly and ensuring diversity across disability types, governorates, women and young people.
Article (10) — Interpretation and references
This Law shall be interpreted consistently with the Constitution, the Convention on the Rights of Persons with Disabilities and relevant international standards. Where several interpretations are possible, the one expanding independence, participation and accessibility without turning support into guardianship or segregation shall prevail.
Chapter Two — Equality, Legal Capacity, Access to Justice and Protection
Article (11) — Prohibition of discrimination
Direct and indirect disability discrimination is prohibited in education, work, health, housing, insurance, services, justice, transport, telecommunications, credit, culture, sport, political participation and any other legally regulated field.
The prohibition includes discrimination by association with a person with a disability, multiple or intersectional discrimination, instructions to others to discriminate, and retaliation against complainants, witnesses or those assisting them.
Article (12) — Reasonable accommodation
Public bodies, employers, educational and health institutions and service providers shall provide reasonable accommodation upon learning of the need or receiving a request, without requiring a standard formal submission.
A burden is disproportionate only after objective assessment of cost, organisational size and resources, available public support and the accommodation's impact on rights. Mere cost or administrative inconvenience cannot justify refusal. Unjustified refusal constitutes discrimination.
Article (13) — Positive measures
Temporary or permanent special measures may achieve substantive equality, including employment quotas, scholarships, educational places and housing, transport and enterprise support. They do not discriminate against others where linked and proportionate to removing demonstrated disadvantage.
Article (14) — Recognition before the law
Persons with disabilities enjoy legal capacity equally in all areas of life. They shall not be denied management of assets, contracting, litigation, marriage, voting or medical decision-making merely because of disability.
Decision-making support shall be available where needed, respecting will and preferences, proportionate, time-limited, reviewable and free from conflicts of interest. Comprehensive guardianship shall not replace it except within limits determined by courts under amended legislation without destroying the substance of the right.
Article (15) — Supported decision-making
The Ministry of Justice, with the Authority, shall establish an optional register of accredited persons or bodies providing decision-making support. Individuals may choose their supporter, the types of decision, duration and termination method.
Registration alone gives supporters no authority to act on the person's behalf. They shall maintain confidentiality, avoid conflicts of interest and provide understandable information. The person's own decisions remain the rule.
Article (16) — Access to courts
Courts, public prosecution, investigation and enforcement bodies shall ensure physical, communication and procedural access to justice, including sign language, accessible information, communication assistance, accessible buildings and electronic systems, and adjusted hearing schedules or procedures where needed.
Persons with disabilities shall bear no additional cost for accommodations necessary to participate in proceedings as parties, witnesses, victims or accused persons.
Article (17) — Legal assistance and complaints
Disability and accommodation needs shall be priority factors in legal assistance services. Assistance shall begin from the first procedure where the disability or personal circumstances prevent effective defence of rights.
Police, prosecution, court, Authority and Human Rights Commission complaint channels shall be available in multiple formats. Complaints shall not be rejected or given less evidential weight because of communication methods or assistance needs.
Article (18) — Liberty and personal security
No person with a disability shall be deprived of liberty solely because of disability or need for treatment or support. The same constitutional and judicial safeguards apply to any deprivation, with accommodations meeting individual needs.
Solitary confinement and physical or chemical restraint solely because of disability or atypical behaviour are prohibited. Any restraint must be lawful and the minimum necessary to prevent imminent danger after alternatives have been exhausted.
Article (19) — Protection from violence, exploitation and neglect
Competent bodies shall provide accessible procedures for reporting violence, exploitation, neglect and abuse in families, institutions, workplaces, education and care settings, with immediate protection from retaliation and accessible shelter and services where needed.
Women, children, older persons and people with intellectual or psychosocial disabilities shall be recognised as facing intersecting risks requiring special protection that does not result in isolation or removal of agency.
Article (20) — Privacy and data
Registers revealing disability and exchanges of medical or functional data require a specific lawful purpose and shall be limited to what is necessary. Data protection and confidentiality requirements apply to the Authority, medical committees, service providers and employers.
Disability type shall not appear on a general-purpose card or document unless the service requires it. Proof of entitlement shall protect privacy and allow secure electronic verification.
Article (21) — Non-discrimination in insurance and financial services
Automatic refusal of insurance, bank accounts or financing, or automatic price increases because of disability, is prohibited. Differential pricing is allowed only on actuarial evidence or objective, proportionate, disclosed and reviewable risks, with reasonable accommodation in identification, verification and signature procedures.
Chapter Three — Accessibility, Universal Design and Communication
Article (22) — General accessibility obligation
Public bodies, service providers and premises open to the public shall identify and progressively remove barriers under a published plan. The obligation extends beyond ramps to buildings, routes, toilets, parking, transport, information, digital services, service points and emergencies.
Article (23) — National Accessibility Code
Within twelve months of entry into force, the Ministry of Construction, Housing, Municipalities and Public Works, with the Authority, Central Organisation for Standardisation and Quality Control and representative disability organisations, shall issue a binding national accessibility and universal design code.
The code applies to new construction, extensions and major rehabilitation and specifies mobility, vision, hearing, cognitive, safe evacuation, signage, lighting, parking, lift, ramp, toilet and service requirements.
Article (24) — Building and occupancy permits
Competent bodies shall not approve plans or issue building or final occupancy permits for buildings serving the public without demonstrated compliance with applicable accessibility requirements. Design engineers and inspection bodies shall certify compliance within their respective responsibilities.
Accessibility certification shall form part of the licensing file. Occupancy permits may be suspended partly or wholly where a violation blocks access to an essential service and can be remedied without a safety risk.
Article (25) — Existing buildings
Government buildings and publicly used health, education, justice, transport, telecommunications and financial service facilities shall conduct accessibility audits within eighteen months and prepare prioritised corrective plans.
Necessary works for essential services shall be completed within five years and for other public facilities within seven years. The Authority may grant a specified extension for heritage buildings or exceptional technical cases, provided an alternative ensures effective access to the service.
Article (26) — Public procurement
Bodies covered by public procurement law shall not purchase inaccessible equipment, software, vehicles, furniture or public-facing service systems where an accessible market alternative is available on reasonable terms.
Accessibility criteria shall appear in tender documents, evaluation criteria and technical acceptance. Material non-compliance constitutes contractual breach requiring correction or replacement.
Article (27) — Transport and personal mobility
The Ministry of Transport and local authorities shall establish a timetable making buses, stations, railways, airports, ports, taxis and digitally booked transport independently and safely usable by persons with disabilities.
Accessibility includes audio and visual journey information, designated seats, wheelchair spaces, admission of assistance animals under health rules, passenger assistance without additional charges, and complaints and compensation for lost or damaged assistive devices.
Article (28) — Roads and public space
Baghdad Mayoralty, municipalities and bodies delivering roads and pavements shall provide continuous unobstructed routes, safe crossings, tactile and audible signals where needed, and prevent pavement occupation that interrupts movement.
All urban rehabilitation and reconstruction projects must undergo universal design audits before award and after implementation.
Article (29) — Digital government services
Government websites, applications, platforms and electronic services shall comply with a national digital accessibility standard no lower than WCAG 2.2 Level AA or its successor, supporting keyboards, screen readers, contrast, captions, clear language and verification not dependent on a single sense.
Digital services shall not be the sole channel where effectively inaccessible. An accessible alternative must remain available until defects are remedied.
Article (30) — Private digital services
Digital accessibility requirements shall progressively apply to banks, telecommunications companies, e-commerce, transport, education and health platforms and other widely used digital services, under a timetable issued by the sector regulator with the Authority.
Article (31) — Sign language, Braille and easy-read
The state recognises Iraqi Sign Language as a communication method and language of deaf persons. Educational, cultural and professional bodies shall harmonise training and prepare interpreters without imposing one dialect or system at the expense of community usage.
Public bodies shall provide sign language interpreters or remote communication where needed and make essential documents available in Braille, easy-read, audio and accessible digital text according to audience and purpose.
Article (32) — Media and public communication
The Communications and Media Commission and licensed entities shall establish progressive standards for captions, audio description and sign language in news, public announcements, emergency messages and public-interest programmes, taking account of provider size and content.
Customer services at telecommunications companies, banks and public utilities must be usable without requiring voice calls exclusively.
Article (33) — Accessibility in emergencies and disasters
Warning, evacuation, shelter and disaster response plans shall incorporate disability needs, use multimodal alerts accessible by sound, sight and text, and identify accessible shelters and health facilities.
Representative disability organisations shall participate in readiness tests. Persons shall not be separated from assistive devices, personal assistants or assistance animals except for safety necessity and for the shortest time.
Article (34) — Accessibility audits and compliance certificates
With sectoral authorities, the Authority shall accredit qualified accessibility auditors and maintain a public register of compliance certificates and corrective plans for government facilities and major services.
Compliance certification does not preclude an individual's right to request reasonable accommodation for a situation not covered by general design.
Chapter Four — Health, Habilitation, Rehabilitation and Assistive Technology
Article (35) — Right to health
Persons with disabilities have the right to health services of the same range, quality and standard available to others, and necessary disability-related services, without discrimination or disability-based additional charges.
Centres, hospitals, booking systems and medical information shall be accessible and provide communication and support accommodations during examinations, waiting and consent procedures.
Article (36) — Informed consent
No treatment, medical, surgical or rehabilitation intervention shall be provided without free and informed consent under general rules. Information shall be understandable and accessible, and supported decision-making may be used.
Intellectual or psychosocial disability alone does not justify overriding a person's will. Rules on emergencies and temporary incapacity shall apply within the narrowest limits and with subsequent review.
Article (37) — Early identification and intervention
The Ministry of Health shall ensure voluntary, non-stigmatising early identification and intervention programmes linking primary care to rehabilitation, education and social protection. Family guidance shall be rights-based and support children's development and participation rather than segregation.
Article (38) — Habilitation and rehabilitation
Medical, psychological, social and vocational habilitation and rehabilitation shall be available as close as possible to the person's community, based on beneficiary-chosen goals reviewed periodically.
Institutional residence shall not be required for rehabilitation. Community and home services and mobile clinics shall form part of service networks in rural and conflict-affected areas.
Article (39) — Assistive devices and technologies
The Ministry of Health and Authority shall establish and periodically update an essential national assistive device and technology list, including assessment, prescription, fitting, training, maintenance and replacement. Support shall not be limited to device purchase.
Essential devices shall be included in health coverage packages and central procurement where efficient. Import, registration, maintenance and spare parts procedures shall be simplified subject to safety and quality requirements.
Article (40) — Mental health and psychosocial disability
Community mental health services shall be voluntary and based on dignity and support. Mental health law and its safeguards shall prevent involuntary placement or treatment solely because of disability.
Authority services shall connect with mental health centres, primary care, housing and employment services without creating an isolated institutional pathway.
Article (41) — Sexual and reproductive health
The Ministry of Health shall ensure women, girls and persons with disabilities can access sexual and reproductive health information and services at the same quality and confidentiality standards as others. Forced sterilisation or contraception, or procedures based on unlawful substituted consent, are prohibited.
Article (42) — Health workforce training
Disability rights, accessible communication, reasonable accommodation and universal design shall enter initial and continuing training for medical, health and administrative personnel. Compliance shall be assessed in health institution accreditation.
Article (43) — Health insurance and non-exclusion
Disability-related health needs shall be included in health insurance and universal health coverage without pre-existing-condition exclusions or discriminatory limits. Funding of devices, rehabilitation and personal assistance shall align with health insurance and social protection laws to avoid duplication or gaps.
Chapter Five — Education and Skills
Article (44) — Right to inclusive education
Children and students with disabilities have an equal right to quality inclusive general, vocational and higher education. Admission shall not be refused or compulsory transfer to a separate institution imposed because of disability or support needs.
Special or specialised education shall be an exceptional choice based on the student's will and educational interests, not a substitute for making mainstream schools and universities accessible.
Article (45) — Individual support at school
Students needing support shall have an individual education plan developed with them and their family, setting learning goals, accommodations, assistive technology, communication and support services, reviewed at least twice annually.
The Ministry of Education shall provide support teachers, sign language interpreters, Braille and easy-read materials, assistive technology and accessible transport as needed.
Article (46) — Accessible buildings, curricula and assessment
Schools, institutes and universities shall make buildings, laboratories, libraries, digital platforms, curricula, materials and examinations accessible. Assessment methods, duration or format may be adjusted without changing essential academic standards.
Reasonable accommodations do not constitute cheating or unlawful advantage. Their confidentiality shall be protected in examinations and competitions.
Article (47) — No exclusion because of cost
Public or private educational institutions shall not reject a student because of accommodation costs before examining public support and reasonable alternatives. Education and higher education ministries shall establish joint financing mechanisms for high-cost cases.
Article (48) — Higher education
Existing places and facilities for persons with disabilities in university and postgraduate admission shall continue and be reviewed periodically to ensure substantive equality without lowering essential academic standards.
Universities shall maintain accessibility support units, provide books, research and digital platforms in accessible formats, and prepare safe evacuation plans for laboratories and student accommodation.
Article (49) — Vocational education and training
Vocational training shall ensure access to disciplines according to abilities, preferences and labour market needs. Rigid lists of occupations prohibited by disability type are banned unless based on an essential safety requirement that cannot reasonably be accommodated.
Article (50) — Preparing educational personnel
Universities and teacher training institutes shall include inclusive education, universal design for learning, sign language and assistive technology in relevant preparation programmes. The Ministry of Education shall provide continuing training for teachers and headteachers.
Article (51) — Transition from education to work
Vocational schools and universities, with employment offices and the Authority, shall provide career transition services including guidance, practical training and employer connections, protecting students from exploitation and unpaid training that substitutes for actual jobs.
Chapter Six — Work and Economic Empowerment
Article (52) — Non-discrimination at work
Disability discrimination is prohibited in advertising, recruitment, testing, pay, promotion, training, task allocation, occupational safety, termination and retirement. Employers shall provide reasonable accommodation unless they establish a disproportionate burden under Article (12).
Article (53) — Public employment quota
Ministries, bodies not attached to a ministry, public companies and their contractors shall allocate at least (5%) of budget-funded jobs, contracts and employment opportunities to persons with disabilities meeting essential job requirements.
Fictitious or unfilled posts shall not count towards the quota. The Federal Public Service Council shall annually publish appointment, retention and promotion rates by body without personal data.
Article (54) — Private and mixed sector employers' obligations
Employers with (30) to (60) workers shall employ at least one person with a disability meeting essential requirements. Those with more than (60) workers shall maintain a quota of at least (3%) of their workforce.
The quota may be met through direct employment or training leading to employment under anti-evasion rules. Meeting it does not exempt employers from reasonable accommodation.
Article (55) — Competence-based employment
Fitness and medical examination requirements shall relate to essential duties and actual risks. Candidates shall not be excluded by diagnosis or impairment percentage where they can perform duties with reasonable accommodation.
Where an employee acquires a disability during service, workplace adaptation, reassignment of duties, vocational rehabilitation and transfer to suitable work shall take priority over termination or disability retirement.
Article (56) — Compliance incentives
Tax incentives shall continue for employers meeting employment quotas, retaining workers and providing documented accommodations. The Ministry of Finance and Authority shall prevent double-counting individual workers or incentives for nominal contracts.
Public procurement preference points may be allocated to companies sustainably exceeding minimum requirements and demonstrating a safe, accessible workplace.
Article (57) — Inspection and decent work
The Labour and Inspection Department shall incorporate non-discrimination, accessibility and accommodation standards into inspections and provide accessible, confidential worker complaint channels.
Workers with disabilities shall not receive lower pay or conditions because of disability or support costs. Equal pay for equal work or work of equal value shall apply.
Article (58) — Entrepreneurship and finance
Government-funded loan, grant, incubation and training programmes shall ensure equal access for persons with disabilities and provide accessible forms, platforms and alternative guarantees.
Enterprises led by persons with disabilities shall receive priority in social procurement programmes under competition and transparency rules, without restricting their activities to stereotyped occupations.
Article (59) — Flexible and remote work
Adjusted hours or location, remote work and part-time work are possible accommodations where compatible with job duties. They shall not automatically reduce grade, proportional pay or promotion opportunities.
Article (60) — Occupational safety and health
Workplace safety and evacuation plans shall include disability needs, multimodal warning and communication equipment and individual assistance plans where needed. Safety shall not justify exclusion where reasonable accommodation can manage the risk.
Article (61) — Labour market data and compliance
The Ministry of Labour, Public Service Council and Authority shall create an annual dashboard covering employment, retention, wages, quotas, training, complaints and settlements. Data shall guide inspections, incentives and skills programmes.
Chapter Seven — Social Protection, Independent Living, Family and Housing
Article (62) — Right to an adequate standard of living
Persons with disabilities have a right to social protection based on actual need and disability-related costs. Receiving an assistive device, educational grant or accommodation shall not terminate a separate subsistence benefit serving a different purpose.
Article (63) — Support-needs assessment
Exclusive reliance on impairment percentages shall be replaced by multidimensional support-needs assessment considering activity, participation, environmental barriers and support costs. Medical committees retain responsibility for medical diagnosis where necessary.
Assessments shall be appealable, with review intervals based on stability. Permanent conditions unlikely to change shall not require annual review except for specified exceptional reasons.
Article (64) — Full-time caregivers and personal assistance
The full-time caregiver entitlement shall remain for persons needing ongoing daily support. They may choose an eligible relative or another person, or an organised personal assistance service rather than exclusive reliance on family.
The financial entitlement existing at entry into force shall not decrease and shall be reviewed periodically against living costs, minimum wages and available appropriations. Where caregivers are employees, statutory paid leave rules shall continue, protecting career progression and counting service under applicable legislation.
Article (65) — Avoiding benefit conflicts
Within six months, the Ministry of Labour shall publish a matrix of allowances, pensions and benefits that may be combined and those that cannot because they serve the same purpose. Combination is presumed permissible unless it duplicates payment for the same expenses.
Entitlements shall not automatically stop when beneficiaries start work. Reductions shall be tapered as income rises, encouraging employment rather than penalising economic independence.
Article (66) — Independent community living
Persons with disabilities have the right to choose where and with whom they live. They shall not be compelled into group housing or institutions because of disability or lack of community services.
The state shall expand personal assistance, home care, daytime support, supported housing and family respite services to reduce the need for long-term residential placement.
Article (67) — Residential institutions and transition to community living
Residential institutions shall be licensed, independently inspected and subject to rights, privacy and violence prevention standards. Placement shall be a last resort, with the person's consent or a reviewable legal basis.
The Ministry of Labour and Authority shall progressively transfer resources from long-term institutional residence to community services, preventing closures that leave residents without suitable alternatives.
Article (68) — Accessible housing
Public and subsidised housing projects shall allocate accessible units at no less than the minimum set by instructions based on actual demand, respecting more favourable provisions in force when this Law is issued.
Existing land and housing allocation benefits shall continue unless replaced with equal or better benefits. Priority shall depend on housing need, income and unit accessibility, not disability type alone.
Article (69) — Vehicles and individual mobility
Existing tax and fee exemptions for adapted or suitable vehicles shall continue under applicable rules and may be updated to cover assistive driving technologies and subsequent vehicle modifications.
People whose disability prevents driving shall not have to drive themselves. A legally authorised person may drive under rules preventing trade in exemptions.
Article (70) — Family, marriage and parenthood
Persons with disabilities shall not be prevented from marrying, forming families or exercising parental responsibility solely because of disability. Health, family support, parenting services and information shall be accessible.
Children shall not be separated from a parent solely because of parental disability where reasonable support can preserve their best interests and safety.
Article (71) — Women and girls with disabilities
Public policy shall incorporate the needs of women and girls with disabilities in protection from violence, health, education, work, justice and housing. Data shall reveal multiple discrimination without compromising privacy.
Shelters, helplines and legal support programmes shall be physically and communicatively accessible.
Article (72) — Children with disabilities
The child's best interests and right to expression and participation shall underpin every decision. Disability shall not justify refusal of school, healthcare or social protection registration.
Institutional placement solely because of disability or household poverty is prohibited. Family support, early intervention and inclusive education shall be provided within the community.
Chapter Eight — Public Participation, Culture, Sport and Emergencies
Article (73) — Political participation
The Independent High Electoral Commission shall ensure access to registration, voting, candidacy, electoral information and campaigning. It shall provide accessible polling centres, accessible voting templates or technology and voter-chosen assistance where needed.
Voting rights shall not be denied solely because of disability or supported decision-making unless law and a final judicial ruling provide otherwise under narrow constitutional conditions.
Article (74) — Public service and consultation
Hearings, consultations and government information shall be accessible, with sign language and accessible digital materials on reasonable request. Persons with disabilities shall have meaningful, not token, representation on national committees affecting them.
Article (75) — Culture, arts and tourism
Cultural institutions, tourist sites, museums, cinemas and public festivals shall adopt progressive accessibility plans covering physical access, accessible information, tickets, bookings and attendant services.
The state shall encourage literature, arts and media produced by persons with disabilities and their representation without stereotypes, appeals to pity or exploitation.
Article (76) — Sport
The Ministry of Youth and Sport, Paralympic Committee and federations shall ensure accessible facilities and community and competitive sport programmes, with fair access to funding, training, travel and participation for athletes with disabilities.
Article (77) — Access to public information
Public information concerning a right or essential service must, on request and to a reasonable extent, be available in a format the person can access. No additional fee shall be charged for conversion to an accessible format.
Article (78) — Warning and evacuation in conflict and emergencies
Civil defence, security and disaster management bodies shall incorporate voluntary registers and communication and evacuation plans for people needing additional assistance, protecting data and not using registration to restrict movement or rights.
Article (79) — Displaced persons, refugees and persons in humanitarian situations
Humanitarian registration, shelter, aid distribution, water, sanitation and health services shall be accessible. No person shall be excluded because disability is difficult to establish in an emergency where alternative verification is possible.
Article (80) — Awareness and combating stigma
The Authority, with educational, media and cultural bodies, shall run periodic programmes against stigma, bullying and stereotypes, designed and implemented with persons with disabilities. Awareness campaigns shall not justify fundraising or portraying people in degrading or privacy-violating ways.
Chapter Nine — Rights Authority, Governance and Oversight
Article (81) — Continuation and renaming of the Authority
The Authority for the Rights of Persons with Disabilities and Special Needs established under Law No. (38) of 2013 shall retain legal personality, financial and administrative independence and attachment to the Ministry of Labour and Social Affairs. From entry into force, it shall be named the ‘Authority for the Rights of Persons with Disabilities’.
The Authority's rights, obligations, assets, records and staff shall vest in it without a new transfer procedure. Renaming shall not interrupt entitlement payments or transactions.
Article (82) — Authority responsibilities
The Authority shall coordinate implementation, develop national plans, administer support entitlements within its remit, approve support-needs assessment standards, monitor accessibility, receive non-judicial complaints, prepare reports and coordinate with ministries and governorates.
The Authority shall not replace original ministerial responsibilities: school accessibility remains with education authorities, hospitals with health authorities, transport with operators and regulators, and employment with employers and the Ministry of Labour.
Article (83) — Governing board
The board shall be reconstituted to ensure functional government representation and reserve at least half its non-government seats for persons with disabilities from representative organisations, respecting diversity of disability, sex and governorates.
Board decisions, voting records and general policies shall be published accessibly, except personal data and legally protected secrets.
Article (84) — Conflicts of interest and integrity
The Authority's head, board members and senior staff shall disclose financial and organisational interests potentially conflicting with their responsibilities. They shall not participate in decisions directly benefiting an organisation or entity in which they have an interest.
Article (85) — Sectoral focal points
Each ministry, body not attached to a ministry and governorate shall appoint a senior disability rights focal point reporting administratively to its head, responsible for accessibility plans, compliance, data, complaints and coordination with the Authority.
Article (86) — National plan and implementation indicators
Every four years, the Authority shall prepare a national plan with measurable targets, deadlines, responsibilities and indicators for accessibility, education, work, health, social protection and participation. The Council of Ministers shall approve it after accessible public consultation.
An annual report shall publish progress, gaps, expenditure and unfulfilled obligations by body and be referred to the Council of Representatives and Board of Supreme Audit.
Article (87) — Inspection and monitoring
Within its remit, the Authority may request information, conduct accessibility verification visits and review corrective plans. It may refer labour violations to competent inspectors, licensing violations to regulators and rights violations to courts or the Human Rights Commission.
The Authority shall not close establishments or impose penalties beyond powers granted by this Law or sector legislation. Its benefits administration and complaint investigation functions shall be separated as far as possible.
Article (88) — Complaints and settlement system
The Authority shall establish accessible in-person, telephone and digital complaint channels and a platform, issuing reasoned decisions within thirty days, extendable once for disclosed reasons.
It may propose binding settlements with both parties' agreement. Using its procedures does not waive court access or complaints to other oversight bodies, nor suspend judicial time limits unless law provides otherwise.
Article (89) — Data and interoperability
The Authority shall establish a secure national register to facilitate entitlements and avoid repeated examinations, linked to national identity and government systems only as necessary and subject to data protection rules.
Access rules for benefits data shall be separate from medical data. Employers and educational institutions shall not access detailed diagnoses where knowledge of accommodation or entitlement is sufficient.
Chapter Ten — Enforcement, Penalties, Transitional and Final Provisions
Article (90) — Administrative corrective orders
Where an accessibility violation or refusal of accommodation is established in a licensed facility or service, the regulator shall issue a warning specifying the violation, corrective action and deadline. Non-compliance may lead to an administrative fine or partial licence suspension according to seriousness, impact and possibility of correction.
Closure shall not be used where it would deprive persons with disabilities of an essential service unless an alternative exists or continued operation presents a serious danger.
Article (91) — Civil compensation
Anyone subjected to discrimination, denial of reasonable accommodation or violation of a right under this Law may seek cessation, remediation and compensation for material and non-material harm under general rules.
Courts may order specific accessibility measures or reinstatement in employment or education where feasible and more effective than financial compensation alone.
Article (92) — Burden of proof in discrimination cases
Where claimants present substantial facts supporting a likelihood of disability discrimination, defendants shall bear the burden of demonstrating a legitimate non-discriminatory reason and, if asserted, proving that the requested accommodation imposed a disproportionate burden.
This shift does not apply to proof of the elements of an offence in criminal proceedings.
Article (93) — Serious violations
Without prejudice to a heavier penalty, applicable laws shall punish fraudulent appropriation of a disability benefit, trading in entitlement identification or vehicle exemptions, disclosure of protected health data with intent to harm, and retaliation for a rights complaint.
Financial penalties on establishments shall be graduated by size and repetition. Mere remediable administrative violations shall not attract custodial punishment unless accompanied by fraud, violence or another crime.
Article (94) — Alignment of existing legislation
Within twelve months, the Ministry of Justice and Authority shall review provisions automatically applying incapacity, interdiction or lack of legal capacity, and propose amendments to civil, personal status, procedural, labour, education, health and pension laws consistent with legal capacity, supported decision-making and non-discrimination.
Sectoral bodies shall review regulations and instructions within the same period. Directly conflicting subordinate provisions shall cease to apply upon entry into force.
Article (95) — Replacement of the previous law
The Rights of Persons with Disabilities and Special Needs Law No. (38) of 2013 and First Amendment Law No. (11) of 2024 are repealed upon entry into force, while their regulations, instructions and rules remain effective insofar as consistent with this Law until replaced.
No provision declared unconstitutional by the Federal Supreme Court shall be revived, particularly the Hajj quota provision invalidated by decision No. (186/Federal/2024).
Article (96) — Transitional accessibility timetable
Within six months, every ministry, governorate and public institution shall publish priority services and an access plan. Within eighteen months, audits of facilities and essential digital services shall be complete. Critical works shall follow Chapter Three's deadlines.
Priority shall go to hospitals, schools, courts, police stations, benefit payment buildings, transport stations, polling centres and widely used digital services.
Article (97) — Instructions and regulations
The Council of Ministers and competent ministries and authorities shall issue implementing regulations and instructions within no more than twelve months of entry into force. Draft instructions of general effect must be published for accessible consultation before approval unless justified urgency exists.
Article (98) — Entry into force
This Law takes effect ninety days after publication in the Official Gazette, except provisions assigned specific transitional periods.
The Ministries of Finance and Planning and relevant bodies shall ensure appropriations for existing rights and transitional requirements enter the first budget or financial schedules following entry into force.
Statement of Reasons and Explanatory Memorandum
Statement of Reasons
This Law is enacted to implement Article (32) of the Constitution and obligations under the Convention on the Rights of Persons with Disabilities; unify fragmented legislation around equality, independence, accessibility and inclusion; preserve and develop acquired rights; link construction, transport, digital services, education, employment, health and social protection to enforceable, measurable standards; and retain the Authority for the Rights of Persons with Disabilities while updating its powers, oversight and participation mechanisms.
The problem addressed
The 2013 law and 2024 amendment achieved significant progress, but continued to combine care language and sectoral benefits with rights often lacking clear enforcement. Parliamentary calls in 2026 for implementation and discussion of further amendments indicate a gap between legal text and effective entitlement access. International observations on Iraq identify gaps in accessible buildings, transport and communications, inclusive education, health and workplace accommodations.
Constitutional basis
The bill rests directly on Article (32), alongside equality, equal opportunities, work, social and health security and judicial recourse. It does not assume positive measures are immune from constitutional review: they must address an objective barrier or deprivation, be proportionate and be justifiable.
Why replacement rather than a second amendment?
Following the 2024 amendment, needs extend beyond adding benefits or changing isolated articles. Digital accessibility, reasonable accommodation, supported decision-making, public procurement, independent living, complaints and compensation require a different legislative structure. Repeal and replacement are therefore clearer than another extensive amendment to a relatively short law, provided acquired legal positions are protected and payments and services continue.
Legal capacity and independence
The bill separates support needs from loss of capacity. It introduces supported decision-making preserving personal will and requires the Ministry of Justice to review intersecting civil and procedural provisions. It does not alone resolve every interdiction and guardianship issue, which requires alignment of the relevant underlying laws.
Accessibility as a regulatory obligation
The bill turns accessibility from a general duty into a system of national code, compliance certification, existing-building audits, transitional deadlines, and procurement and digital service oversight. It permits temporary alternatives for heritage sites or technically difficult cases, but rejects continued inaccessibility without a plan or effective alternative.
Social protection without a dependency trap
The bill preserves full-time caregiver support and existing benefits while distinguishing them from personal assistance. It prevents immediate benefit withdrawal upon labour market entry because disability costs may persist despite income. Tapering and a published benefit-combination matrix address both duplication and poverty traps.
Employment and quotas
The bill goes beyond statutory percentages to measure actual appointments, retention, promotion and pay. General medical examinations cannot exclude applicants capable of essential duties with reasonable accommodation. Adaptation takes priority for those acquiring disabilities during service.
Alignment with Existing Legislation
| Legislation or system | Current relationship | Proposed legislative action |
|---|---|---|
| Rights of Persons with Disabilities and Special Needs Law No. (38) of 2013, amended by Law (11) of 2024 | Main applicable framework, Authority, benefits and quotas. | Repeal and replacement, preserving the Authority, acquired rights and non-conflicting instructions. |
| Labour Law and Workers' Retirement and Social Security Law | Employment, dismissal protection and social security. | Include non-discrimination, reasonable accommodation, inspection and quotas in sectoral amendments. |
| Civil Service Law and Federal Public Service Council legislation | Public sector appointments, promotion and job descriptions. | Apply the 5% quota to actual opportunities, prohibit medical tests unrelated to the job and adopt workplace adaptation. |
| Education and higher education laws | School and university education, admission and examinations. | Align provisions permitting unnecessary segregation and establish inclusive education and reasonable accommodation. |
| Health Insurance Law and health legislation | Financing and health services. | Include rehabilitation, assistive devices, accessibility, accessible communication and no pre-existing-condition exclusion. |
| Construction, municipal, investment and public procurement laws | Design, licensing and public contracts. | Link licensing, occupancy permits and procurement to accessibility and universal design standards. |
| Civil Code, personal status laws and procedural laws | Legal capacity, representation and judicial procedures. | Review provisions automatically substituting guardianship for personal will; establish supported decision-making and access-to-justice accommodations. |
| Data protection and digital government laws when enacted | Data processing and digital services. | Treat disability data as sensitive, apply unified digital accessibility and limit interoperability to what is necessary. |
Transitional Provisions and Implementation Requirements
| Period | Requirement |
|---|---|
| 0–6 months | Confirm all existing entitlements continue; appoint sectoral focal points; publish priority services; issue the benefit-combination matrix; begin the National Accessibility Code. |
| 6–12 months | Issue the National Accessibility Code and core instructions; adopt the complaints system; launch the accessibility auditor register; prepare amendments to intersecting legislation. |
| Up to 18 months | Complete government building and essential digital service accessibility audits; publish each body's costs and corrective plan. |
| Up to 5 years | Make essential facilities and services accessible: health, education, justice, transport, benefits, voting and widely used digital services. |
| Up to 7 years | Complete accessibility for remaining public facilities and public-facing services, with mandatory temporary alternatives where more time is needed. |
Transition shall follow a ‘no service interruption’ rule: beneficiary cards, committee decisions, benefit payments, vehicle exemptions and employment quotas remain valid until replaced with equal or better procedures. Permanent conditions shall not be re-examined solely because the new law enters into force.
Financial and Implementation Impact
Most financial impact is not a new obligation: the Authority, full-time caregiver programme, employment quotas, vehicle exemptions and rehabilitation services already exist. Principal additional costs arise from closing accessibility gaps in buildings, transport and digital systems, expanding personal assistance and assistive technology, and training staff, sign language interpreters and accessibility auditors.
The document avoids a falsely precise total because accessibility costs vary by building, transport network and digital platform, and published national data do not detail each body's capital remediation needs. The law therefore requires audits, baselines, costs and multiyear schedules, incorporated in budgets and investment and maintenance plans rather than an uncosted fund.
Five principles reduce costs: incorporate accessibility into new construction and procurement before retrofit costs arise; prioritise essential services; standardise requirements to reduce duplication; centrally procure assistive devices where economical; and use exemptions and incentives for private sector compliance rather than relying solely on public spending.
Safeguards and Oversight
- A direct right to complain about discrimination, denial of accommodation and inaccessibility.
- Limited shifting of the burden of proof in civil and administrative proceedings after substantial indications of discrimination.
- Accessibility audits, compliance certificates and published corrective plans for government bodies and major services.
- Participation of persons with disabilities and their organisations in policies, regulations and the national plan.
- Annual reports on employment, accessibility, benefits, complaints and expenditure submitted to the Council of Representatives and published accessibly.
- Continued Board of Supreme Audit, judicial and Human Rights Commission oversight, without turning the Authority into a judge or substitute regulator for every sector.
- Data protection and no access to detailed medical diagnoses where entitlement or required accommodation information suffices.
International and Comparative References
Iraq acceded to the Convention on the Rights of Persons with Disabilities on 20 March 2013. The Convention affirms a shift from care to rights, covering equality, non-discrimination, accessibility, legal capacity, independent living, education, work, health and participation.
In its 2019 concluding observations, the Committee on the Rights of Persons with Disabilities recommended that Iraq address barriers in buildings, transport, information and communications and expand inclusive education, accessible health services and labour market accommodations. It also noted that existing employment quotas had not been met as required. The bill treats these gaps as enforcement objectives, not grounds to abolish existing rights.
Digitally, the bill uses WCAG 2.2 as an updatable technical reference, not foreign legislation binding in itself. For assistive technology, it draws on World Health Organization and UNICEF recommendations linking device provision to assessment, fitting, training, maintenance and financing rather than product delivery alone.
Sources and References
- Constitution of the Republic of Iraq, 2005 — Iraqi Council of RepresentativesArticle (32) provides for state care, rehabilitation and inclusion of persons with disabilities, alongside equality, equal opportunities, work and social security principles.
- Ministry of Justice — Publication of Law No. (38) of 2013 in the Iraqi GazetteDocuments publication of the Care of Persons with Disabilities and Special Needs Law No. (38) of 2013 in the Iraqi Gazette.
- Ministry of Justice — Issue 4778 and First Amendment Law No. (11) of 2024Official publication source for the first amendment changing the law's name and expanding rights and obligations.
- Iraqi Council of Representatives — Legislative history of the first amendmentDocuments first and second readings, voting and publication of the first amendment law.
- Ministry of Justice — Issue 4797 and Federal Supreme Court decision 186/Federal/2024Documents the ruling declaring paragraph Fourteen of Article (6) of Law No. (11) of 2024 unconstitutional.
- Council of Representatives — Call to implement the amended disability law, 9 April 2026Shows the continuing implementation gap and need to activate financial, health and educational rights.
- Council of Representatives — Discussion of disability rights amendments, 21 April 2026Documents continuing parliamentary discussion of amendments and implementation mechanisms.
- Ministry of Justice — Issue 4855 and Disability Rights Authority Organisational Instructions No. (1) of 2026Documents continuation of the Authority and organisational instructions issued in 2026.
- United Nations — Convention on the Rights of Persons with Disabilities: Iraq's accessionDocuments Iraq's accession on 20 March 2013 and entry into force for Iraq on 20 April 2013.
- Committee on the Rights of Persons with Disabilities — Concluding observations on Iraq's initial report, 2019Observations and recommendations on accessibility, legal capacity, inclusive education, health, employment, independent living and data.
- Office of the United Nations High Commissioner for Human Rights — Iraq reporting page under the Convention on the Rights of Persons with DisabilitiesReference for Iraq's reporting status and official Convention documents.
- W3C — Web Content Accessibility Guidelines (WCAG) 2.2An international technical reference for accessible digital content and services.
- World Health Organization and UNICEF — Global Report on Assistive TechnologyAn international reference for improving access to assistive products and technologies and integrating them into health coverage.
- Iraqi News Agency — Continued full-time caregiver salary payments in 2026Documents continuation and operational scale of the full-time caregiver programme in 2026.
- Iraqi News Agency — Import of adapted vehicles for persons with disabilities, 2026Documents continuing adapted vehicle exemptions and services and their role in independence and mobility.
- Babil Investment Commission — Enforcement of the 3% employment quota in investment projects, 2026A recent official example of private/investment sector employment obligations being applied.
Ali Zuweid's Political Programme — A proposed bill for public and parliamentary discussion. It is not enacted law unless constitutional enactment and publication procedures are completed.