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Summary: General overview of Qatar's national legal provisions on children's rights, including guidance on how to conduct further research.
National laws on children's rights Status of the CRC in national law Constitution: Part three of the Constitution contains a range of rights provisions that apply to children as to any other person, but none that specifically address the rights of children. Part two of the Constitution on "the guiding principles of the society" does, however, include two provisions of particular relevance to children: Legislation: Qatar does not have a comprehensive Children's Act; rather, legislation of particular relevance to children can be found throughout a number of legislative Acts and instruments. Relevant legislation includes, but is by no means limited to: Legal Research: Case Law Case Law Research Compliance with the CRC In depth analysis Qatari practices and legislation with regards to juvenile justice were also a source of concern for the Committee. In particular, the Committee raised the very low age of criminal responsibility (7 years), the potential to treat children between the ages of 16 and 18 as adults in judicial proceedings, and that the right for children to be heard in criminal proceedings is not always respected. As such, the Committee recommended raising the minimum age of criminal responsibility to not less than 12 years, ensuring the same protections for all persons under the age of 18, and providing adequate legal assistance to child victims and children in conflict with the law throughout the legal process. The Committee also urged the State to develop alternatives to detaining children so as to ensure that detention is only used as a measure of last resort. Furthermore, the Committee urged the State to enact a comprehensive prohibition on corporal punishment in all settings, including in the Penal context, schools, the family and alternative care settings. The absence of law in relation to refugees was also a concern raised, and the Committee urged the State to develop national asylum legislation in accordance with international standards, and to use the Children's Bill as an opportunity to develop child-friendly asylum and refugee law. Current legal reform projects
Article 68 of the Constitution of Qatar provides that ratified treaties, including the Convention on the Rights of the Child, have the power of law. However, that article contains the proviso that treaties that require the amendment of the State's laws only come into force when they are issued as domestic law, which would seem to preclude the enforcement of the Convention insofar as it contains provisions beyond those that exist in national law. As such, Convention provisions can only be applied directly in domestic courts if they have been further implemented in national legislation. The Convention does not appear to have been referenced or invoked before national courts.
The International Labour Organisation's NATLEX database provides links to Qatari legislation in English and Arabic (http://www.ilo.org/dyn/natlex/natlex_browse.country?p_lang=en&p_country=QAT), and the Legal Information Network of the Gulf publishes national legislation in Arabic (http://www.gcc-legal.org/MojPortalPublic/Home.aspx). The Constitution is available in English and Arabic through the website of the World International Property Organisation (http://www.wipo.int/wipolex/en/details.jsp?id=9626). In addition, the GlobaLex initiative at New York University has published a guide to legal research in Qatar (http://www.nyulawglobal.org/Globalex/Qatar.htm), and both the U.S. Law Library of Congress (http://www.loc.gov/law/help/guide/nations/qatar.php) and the World Legal Information Institute (http://www.worldlii.org/qa/) provide links to a selection of legal and governmental resources.
CRC Jurisprudence
Please contact CRIN if you are aware of any cases in national courts that reference the Convention on the Rights of the Child.
Case law resources for Qatar do not appear to be readily available online. Please contact CRIN if you are aware of any online resources that provide access to Qatari case law.
In its Concluding Observations of 2009, the Committee on the Rights of the Child noted that substantial legislative measures had been taken to ensure the implementation of the provisions of the CRC, but expressed concern at "the frequent delays which obstruct the adoption of the Children's Bill". The Committee also expressed concern that the provisions of the Convention's had not been invoked or referred to directly in national courts. The Committee urged the State to continue scrutinising existing legislation, carry out reforms, particularly in expediting the adoption of the Children's Bill, and ensure that the Convention can be directly invoked before courts.
Several more specific concerns also emerged from the Committee on the Rights of the Child's 2009 Concluding Observations with regards to areas of Qatari law that fell short of the provisions of the Convention. The Committee raised persistent concerns regarding discrimination across a range of areas of national law, particularly regarding the widespread discrimination against women and girls. The Nationality Act provided for lesser citizenship rights for children of Qatari mothers as opposed to those with Qatari fathers, a lower minimum age of marriage existed for girls as opposed to boys, and a range of other discriminatory provisions appeared throughout the purview of the Family Act. The Committee also raised concerns over discrimination against children born out of wedlock with regards to their right to know their parents, and against children of migrants in their access to education.
At the time of Qatar's 2009 report to the Committee on the Rights of the Child, the Government reported that it was in the process of enacting a Children's Bill. As of April 2012, no such legislation had been enacted.