Criminal Safeguards for Persons with Disabilities in Oman and Beyond: An Analytical Study of the Omani Penal Code, International Conventions, and Comparative Legislation
- 1 College of Law, Sultan Qaboos University, Muscat, Oman
Abstract
This study addresses the inadequacy of substantive criminal protection afforded to the rights and freedoms of persons with disabilities, particularly when they are victims of crimes, under the Omani Penal Code and in several comparative legal systems. The central research question is: To what extent is criminal protection sufficient for the rights of persons with disabilities under Omani legislation and in comparative legal frameworks? The study aims to highlight the importance of providing substantive criminal safeguards for this segment of society, especially when their rights are subject to violation or threat. Although many rights and freedoms of persons with disabilities—such as the right to life, physical and sexual integrity, human dignity, survival, and reproduction—are recognized and guaranteed under international conventions and national laws, a significant number of these rights lack adequate criminal protection when violated. This gap undermines the actual enjoyment of such rights by persons with disabilities. To achieve its objectives, the study employs both descriptive and critical analytical methodologies to examine relevant provisions of Omani legislation, supported by statistics and related studies. Additionally, a comparative approach is adopted by analyzing pertinent legal texts, particularly Egypt’s Law No. 10 of 2018 on the Rights of Persons with Disabilities, Jordan’s Law No. 20 of 2017, and other international conventions and national laws where relevant. The study concludes with a call to amend the Omani legal framework, as well as several comparative legislations, to ensure effective criminal protection for the rights of persons with disabilities—especially the rights to life, physical and sexual integrity, human dignity, survival, and reproduction.
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