Date of publication:

08/22/2025

Somalia

Do domestic laws and policies provide forcibly displaced and stateless persons with disabilities access to care, support and health care services? 

ANALYSIS

Assessment by population

IDPs
Refugees
Asylum-seekers
Analysis

In both the Federal Government of Somalia (FGS) and Somaliland, considerable efforts have been made to develop legal and policy frameworks aimed at supporting persons with disabilities. These frameworks reflect an acknowledgment of the importance of providing equal opportunities and support for people with disabilities, ensuring that they can live with dignity, participate fully in society, and access basic services, including healthcare. The FGS has ratified international treaties, such as the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which call for the establishment of legal protections and services for persons with disabilities. Similarly, Somaliland has enacted national laws and policies aimed at addressing the needs of persons with disabilities, including the recognition of their right to access health services and social support.

Despite these positive legal advancements, the effectiveness of these frameworks in ensuring meaningful access to support and healthcare services for persons with disabilities, particularly forcibly displaced persons (FDPs) with disabilities, remains limited. The gap between policy formulation and the practical delivery of services has been a persistent challenge. While there is recognition in law of the rights of persons with disabilities, including their entitlement to accessible healthcare, the translation of these legal provisions into concrete actions and services remains insufficient.

    LAW & POLICY

    Related provisions of domestic law or policy

    National Policy on Refugee-Returnees and internally Displaced Persons
    • Year: 2019
    • Type: Domestic policy
    • Rights Category: Asylum, Education, Freedom of movement, Health, Housing, land & property, Liberty & security of person, Nationality & facilitated naturalization, Social protection, Work & Workplace rights, Family life, Documentation
    • Link to external source: https://www.refworld.org/policy/strategy/natlegbod/2019/en/122553

    Legal provision

    Principle 7.1 - Vulnerable persons and persons living with disabilities

    Certain refugee-returnees and IDPs (e.g. children, especially unaccompanied minors; expectant mothers; mothers with young children; female heads of household; child-headed households; orphans; persons with disabilities or chronic disease; and elderly persons) shall be entitled to protection and assistance required by their condition, and to treatment that takes into account their special needs. 2. People who are ill or infirm, people with disabilities and all other vulnerable persons shall receive medical care, attention and other basic supplies to the fullest extent practicable and with the least possible delay, including the diagnosing and treating of contagious diseases. 3. Special attention should be given to the health needs, including special health access, of women and girls. This should include health care as well as appropriate counselling for victims of sexual violence and other abuse. 4. Special attention should be given to the prevention of contagious and infectious disease including HIV/AIDS among refugee-returnees and IDPs. 5. Tailored long-term services should be provided to people suffering from chronic illnesses including mental illness.

    Constitution of Somalia
    • Year: 2012
    • Type: Domestic law
    • Rights Category: Asylum, Education, Freedom of movement, Health, Housing, land & property, Liberty & security of person, Nationality & facilitated naturalization, Social protection, Work & Workplace rights, Family life, Documentation
    • Link to external source: https://www.refworld.org/legal/legislation/natlegbod/2012/en/97615

    Legal provision

    Article 11 - Equality

    (1) All citizens, regardless of sex, religion, social or economic status, political opinion, clan, disability, occupation, birth or dialect shall have equal rights and duties before the law. (2) Discrimination is deemed to occur if the effect of an action impairs or restricts a person’s rights, even if the actor did not intend this effect. (3) The State must not discriminate against any person on the basis of age, race, colour, tribe, ethnicity, culture, dialect, gender, birth, disability, religion, political opinion, occupation, or wealth. (4) All State programs, such as laws, or political and administrative actions that are designed to achieve full equality for individuals or groups who are disadvantaged, or who have suffered from discrimination in the past, shall not be deemed to be discriminatory.

    National Disability Act
    • Year: 2018
    • Type: Domestic law
    • Rights Category: Health

    Legal provision

    Article 5 - National Disability Agency (NDA)

    The duties and responsibilities of the Agency include designing, developing and implementing programs of the Somali Government’s plan for persons with disabilities, while ensuring equal access to opportunities for persons with disabilities.

    National Disability Policy

    Legal provision

    National Disability Policy - Generic

    National Disability Policy - Generic

    National Mental Health Policy

    Legal provision

    National Mental Health Policy - Generic

    National Mental Health Policy - Generic

    Transitional Constitution of Puntland Regional Government

    Legal provision

    Article 20.1 - Orphans, Handicapped and Mentally Affected

    The State shall guarantee and promote the protection of the orphans, handicapped, mentally affected and abandoned children and any citizen who is incapable of self-care taking.