Section Three
Advisory opinions submitted by the National Institution for Human Rights
to the Government
Committed to performing its mandated role related to recommending the issuance of new legislation or
amendment of existing ones connected with human rights; and following the human rights complaints
received and legal assistance provided by it, and the monitoring cases it conducted, the NIHR took
the initiative to study some relevant legislation, regulations and decisions during the reporting period
of the report, and submitted two advisory opinions to the competent ministries and agencies, as
follows:
First: Advisory opinion on the rights of the elderly to an adequate standard of living
1. The NIHR took the initiative to submit its advisory opinion on the rights of the elderly to enjoy an
adequate standard of living to the Ministry of Housing, in which it confirmed that the recognition
by the State of the rights enjoyed by individuals resulting from the ratification or accession to
international human rights instruments and provided for in the Constitution and national legislation
, requires taking the necessary measures to ensure the effective enjoyment of these rights by
individuals without any discrimination on any grounds - among which is depriving a specific age
group from enjoying its rights - as it is the responsibility of the State to take a positive action and
every necessary step to enable each person to enjoy those rights, in particular facilitating formal
procedures and requirements for access to relevant services.
2. Accordingly, the advisory opinion submitted by the NIHR concluded that Decision No. (909)
of 2015 of the Minister of Housing sidestepped the provisions of the Constitution and national
legislation regulating the right to housing, and drew away from the established rule stating that,
“rights are granted unless they are restricted by a provision”. The Decision is also in conflict with
the provision of Article (31) of the Constitution, as it regulates the right to enjoy housing services
in a way that excludes the elderly from accessing services in a set of articles, which regulate that
right.
3. The NIHR concluded that the competent authorities should reconsider the provisions of Articles
(5), (27), (29), and (54), contained in the Minister of Housing Decision No. (909) of 2015 on
the housing system, and that the Decision should include further guarantees to ensure that older
persons enjoy housing services and, provide them with adequate housing on the one hand, and
ensure that the State fulfills its right on the other hand.
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