5. The NIHR pointed out that the proposed text of the amendment brought about severe penalty for
negligence in the care of the person with disabilities. The original provision prior to the amendment
considered the act of violation a misdemeanor punishable by imprisonment. The proposed
text of the amendment classified the negligence act in the same rank of felonies that requires
imprisonment. Moreover, the proposed text of the amendment has increased the fine imposed
on the act of violation, which is considered aggravation of the penalty, and thus, guaranteeing
the protection of the rights of persons with disabilities. Additionally, the original text prior to the
amendment, included in the end of the phrase “or one of these penalties”. The amendment took
away the discretion of the judge in the choice of punishment between fines or imprisonment,
and considered that the severity of the offense requires inflicting both penalties together to
guarantee restraining those who may refrain from caring for person with disabilities in such a way
commensurate with their needs.
6. It should be noted that the proposed law aims at aggravating the punishment imposed on those
who take care of the person with disability in the event of severe negligence. This can be either an
intentional act, without the intention to cause death but leads the disabled person to death; or it can
happen by those involved in the care of the person with disability, who should, based on the values
and principles of their profession, be diligent and cautious in giving the person with disability the
special care needed, without increasing the severity of the punishment for the parents in the case
of a minor negligence. This is an additional guarantee for the patient and a stronger deterrent for
those who provide care for a person with disability. Under normal situations, it is not conceivable
that parents deliberately neglect their child with the intention to cause harm, even if the intention
was not going to expose the disabled person to the risk of death, except in circumstances that
deviate from the innate nature, requiring more severe punishment. Whereas, it is conceivable that
deliberate neglect can happen by persons other than parents, whether that person is a caretaker of
the person with disability under a legal or judicial duty, or a person who works in the field of caring
of the disabled. Workers in this field are supposed to exercise special care and extreme caution.
The negligence of these workers, even if not intentional, requires severe punishment to protect the
interests and rights of the person with disability.
7. T
he NIHR also explained that the penalty contained in article No. (320) of the Penal Code
promulgated by Decree No. 15 of 1971 on endangering the life of a person who is unable to protect
himself by reason of his health or mental condition, which states that: “A prison sentence or a fine
shall be the penalty for a person who endangers the life of a child who is less than 7 years of age
or a person who is unable to protect himself by reason of his health or mental condition, …”;
and the penalty contained in article No. (342) on the penalty for a person causing the death of
someone caused by his fault, which states that: “A punishment of imprisonment or a fine shall be
inflicted upon anyone who causes by his fault the death of a person…. “; both having the penalty
of a misdemeanor, which does not reach the level of a crime of negligence in the care of a person
with disability.
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