The government of Iraq, NGOs, and other social service institutions provide various services for People with Disabilities (PWDs), for example, employment quota in government jobs, pensions, exemption from tax and fees while buying vehicles, supporting caregivers, etc. This article will help you to understand your rights as a PWDs and will also help how you can claim your rights.
What are my rights if I was a Person with Disabilities in Iraq?
Below are rights and privileges guaranteed to People with Disability according to the Iraqi Law of Care of People with Disabilities and Special Needs, No. 38 of 2013.
First: Governmental Employment
The Iraqi Government reserves a 5% quota for People with Disabilities in government and public sector employment.
When a ministry opens the door for employment, you will need to do the following steps:
- fill out the application form of employment, where you can find a section for People with Disabilities in the same form.
- Provide a medical report on the type of disability that must be enclosed in the employment application.
Second: The Social Welfare pension
According to the Iraqi Social Protection Law, the government provides a monthly salary for People with Disabilities according to the percentage of disability.
Learn more about Social Protection Law and the procedures needed if you wanted to apply for the Social Welfare pension from here.
Third: Exemption from Fees and Taxes while buying vehicles
People with Disabilities are exempted from fees and taxes when purchasing means of transportation or vehicles, and the exemption must be renewed after 5 years have passed since the purchase of the car. After renewal, the Person with a Disability must pay half of the tax value afterward.
You can find a table for calculating taxes based on the type, size of the engine, and the vehicle model by clicking here, according to the website of the Iraqi General Traffic Directorate.
People with Disabilities will start the process of registering an imported car in their name without paying the customs fees or the tax fee as mentioned in the above table. The registration of a (dropped off*) car is not included, if it is mentioned in the importing letter that it is imported in line with the type of disability.
*According to the provisions of Resolution 10 of 2012, allowing People with Disability to import cars with specifications appropriate to their situation (modified cars).
How do I apply for a fee and tax exemption?
1. The process starts by submitting an application to the Rehabilitation Center for People with Disabilities in the Ministry of Labor and Social Affairs, where you receive a form to fill out and provide the following documents:
- The National Unified Card or the Civil Status ID (original and photocopy).
- The Iraq Citizenship Certificate (original and photocopy).
- The Residence Card (original and photocopy).
- 4 Personal Photos.
2. Then you will receive a letter to be referred to the Medical Committee in one of the governmental medical centers (you will be informed about the Medical Committee’s location at the department).
3. The committee will then conduct the required medical examination, to determine the percentage of disability, then the Committee approves the letter and certifies it if the percentage of disability is 50% or more.
- You will be given an appointment to receive the Certified medical report.
4. You can receive it yourself or by sending a first-degree relative (father, mother, husband, wife, son, daughter) or a second-degree relative (grandfather, grandmother, brother, sister, grandson, granddaughter).
* Usually, the date of receipt after 10 days or two weeks.
5. This letter provides you with the following privileges:
- When importing a car with a person with a disability’s name, the medical report should be presented to the customs department, to be exempted from the customs fees.
- You will be exempted, when you visit the Traffic Directorate, from the vehicle drop-off requirement (where the old car number is transferred to the new car), such as if you own an old car and want to buy another car, you can sell the old car (as scrap iron) where the price is estimated by the government and it will not be You are forced to hand it over to the General Traffic Department, and you will be given the number of that car that was destroyed as a replacement number for the new car.2- You will be exempted from the condition of handing over the car when visiting the Traffic Department.
- You will also be exempted from the requirement to pay the fee of Decision 68*.
*Decision 68: the payment of fees specified by the General Traffic Directorate and the Customs Authority according to the type of vehicle, engine size, and year of manufacture, as mentioned above.
Fourth: Obtaining a Caregiver
You have the right to receive support from a person who takes care of you that is called a Caregiver, who are the people who take care of a person with a disability that prevents them from practicing their daily life tasks properly. A Caregiver has a governmental pension that is determined according to certain conditions; (you may find more details about the caregiver and its procedures here).
How do I know if I’m eligible to receive the rights mentioned above?
The rights that we mentioned above include People with Disability according to the percentage of disability and the type, as classified by Iraqi law. You will need to have a medical report provided by the specialized medical committee that is determined by the relevant governmental departments.
Disabilities are divided according to Iraqi law as follows:
- Visual impairment (losing eyesight partially or comp).
- Hearing impairment.
- Mental disability (such as behavioral disorders).
- Physical and motor disability: This type of disability includes the following:
- Quadriplegia (paralysis from the neck down, including the trunk, legs, and arms) 1.
- Hemiplegia (a condition, caused by a brain injury, that results in a varying degree of weakness, stiffness (spasticity), and lack of control in one side of the body) 2.
- Amputation of the upper or lower limbs or both.
- Congenital cerebral atrophy (the loss of brain cells) 3.
- The fully or partially blinded person.
- genetic blood diseases.
- Mental retardation (a cognitive ability that is markedly below-average level and a decreased ability to adapt to one's environment) 4.
- Complete renal failure (a condition in which one or both kidneys can no longer work on their own) 5.
- Incurable diseases (that means that the person is with conditions that cannot be treated with medical solutions and medicines are provided only to decrease the pain or other symptoms, or there is no treatment at all). For more information about incurable diseases click here.
What if I am a Person with Disabilities because of terrorist attacks?
If your disability is caused by terrorist attacks and the rate reaches 50% or more, you must submit a Letter of Support from the Police Station, one of the competent Courts, or any other body that supports the injury as a result of a terrorist act.
Note: There is no difference in the Welfare pension of disability due to terrorist attacks, but rather to clarify the cause of disability, and to include you with other privileges that the government may grant in the future, such as allocating lands or scholarships. Also, this may indicate the degree of injury in which it differs from a person with a disability by birth, for example.
Do I need to complete the legal procedures that are mentioned in this article by myself if I am a person with a disability?
- In the case of legal procedures for obtaining a social welfare pension, you may conduct the procedures yourself, or it may be conducted by a first-degree relative (father, mother, husband, wife, son, daughter) or a second-degree relative (grandfather, grandmother, brother, sister, grandson, granddaughter). If none of the mentioned relatives are available, you may appoint someone to complete the transaction on your behalf by signing a power of attorney.
- For car exemption procedures, you must complete the procedures yourself.
You can find more information about the procedures and details about the Power of attorney here.
What are the services provided by the Commission for the Care of People with Disabilities and Special Needs?
The Ministry of Labor and Social Affairs is primarily responsible for caring for People with Disabilities and Special Needs through its Commission for the Care of People with Disabilities and Special Needs.
Click here, to learn more about the latest news and information via the official Facebook page of the Commission for the Care of People with Disabilities and Special Needs.
And click here, to access the Commission for the Care of People with Disabilities and Special Needs official website, through which you may apply for the electronic form and access the name list covered by the Social Welfare pension and Caregivers.
What are the services provided by international and local organizations that provide support to People with Disabilities in Iraq?
There are many international and local organizations concerned with the People with Disabilities and Special Needs, working in Iraq, the most prominent of which are:
- The International Committee of the Red Cross ICRC
- Handicap International Organization HIO.
- Doctors Without Borders MSF.
You may also view the following directory and table of local organizations concerned with People with Disabilities that provide support to them in Iraq, by clicking here.
Also, to receive legal assistance, contact the Ethics and Compliance Unit of the International Rescue Committee (IRC) in Anbar Governorate through the following number: 07517354229. Calls are free of charge.
You may also check a map for the various services provided by international and local organizations through our website "Simaet Bhatha", by clicking here
- The United Nations Convention on the Rights of People with Disabilities. Click here
- The International Day of People with Disabilities - United Nations. Click here
- The Law for the Care of People with Disabilities and Special Needs – Iraqi Supreme Judicial Council. Click here
- The International Organization for Migration. Click here
- Adala “Justice” Journal. Click here
- The official page of the Commission for the Care of People with Disabilities and Special Needs on Facebook. Click here
If you have any further questions or need more information you couldn't find in the article, you can directly contact the Simaet Bhatha team from Sunday to Thursday, 9:00am to 4:00pm, through the following platforms:
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