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Summary: This report extracts mentions of children's rights issues in the reports of all UN Treaty Bodies and their follow-up procedures. This does not include the Concluding Observations of the UN Committee on the Rights of the Child which are available here: http://www.crin.org/resources/treaties/index.asp
Please note that language may have been edited in places for the purpose of clarity.
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- UN Human Rights Committee
- UN Committee on Economic, Social and Cultural Rights
- UN Committee against Torture
- UN Committee on the Elimination of Racial Discrimination
- UN Committee on the Elimination of Discrimination against Women
- UN Committee on Migrant Workers
- UN Committee on the Rights of Persons with Disabilities
- UN Committee on Enforced Disappearance
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Not yet signed or ratified.
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UN Committee on Economic, Social and Cultural Rights
Not yet signed or ratified.
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Not yet signed or ratified.
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UN Committee on the Elimination of Racial Discrimination
CERD/C/ARE/CO/18-21
Last reported: 26 April 2016
Concluding observations issued: 13 September 2017
Positive aspects
The Committee welcomes the following legislative and policy measures taken by the State party: creation and dissemination of a tolerance charter for teachers in public and private educational institutions (para. 3, c).
The Committee welcomes the ratification by the State party of the following international instruments: The Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, in 2016 (para 4, c).
Concerns and recommendations
Nationality rights
While welcoming that a royal directive of 2 December 2011 allows citizenship to be granted to children of female citizens married to foreigners, the Committee regrets that citizenship cannot be granted until the child reaches the age of 18 (arts. 2 and 5) (para 29).
Recalling its general recommendation No. 30, especially paragraph 16 on reduction of statelessness, particularly among children, the Committee recommends that the State party revise the directive of 2 December 2011 to allow women to transmit their citizenship to their children from birth, without discrimination (para 30).
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(CERD/C/ARE/CO/17)
Last reported: 4-5 August, 2009
Concluding observations adopted: 21 September, 2009
Concerns raised:
Nationality: The Committee, noting the information provided by the State party concerning the acquisition of nationality under national legislation and the information that the acquisition process is currently under study and review, is nevertheless concerned that currently children of Emirati women married to a foreign national do not receive citizenship under any circumstances.
Reaffirming section 16 of its general recommendation 30 (2004) on discrimination against non-citizens, the Committee recommends that the State party consider modifying its legislation in order to allow children of Emirati women to receive citizenship in conformity with the provisions of non-discrimination stipulated in article 5 (d) (iii) of the Convention (Paragraph 17).
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UN Committee on the Elimination of Discrimination against Women
(CEDAW/C/ARE/CO/1)
Last reported: 26 January, 2010
Concluding observations adopted: 5 February, 2010
Concerns raised:
Nationality: The Committee takes note of the State party’s preparation of a bill for amendment of the Nationality and Passports Law, the studies undertaken with regard to the transfer of nationality by a woman of the United Arab Emirates married to a non-national to her children or foreign husband, and studies on other countries’ naturalization standards and experience. However, the Committee remains concerned that, to date, women of the United Arab Emirates continue to be denied nationality and citizenship rights that are equal to those guaranteed to men and regrets the insufficient availability of information in this regard. Moreover, while commending the steps taken by the State party to grant citizenship to a certain number of Bidoons in 2007, the Committee remains concerned about the discrimination suffered by stateless women and girls and the slow regularization process. The Committee also regrets the lack of statistical data on this subject.
The Committee urges the State party to take all necessary steps to expedite the adoption of the amendment of the Nationality and Passports Law to grant women equal rights with regard to acquisition, change and retention of nationality and its conferral. The Committee also calls upon the State party to withdraw its reservation to article 9 of the Convention. Further, it recommends that the State party consider accession to international instruments to address the situation of stateless persons, including the 1951 Convention relating to the Status of Refugees and its 1967 Protocol, the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness, and requests updated information on the situation of stateless women (Paragraphs 32 and 33).
Education: While commending the State party for the high levels of education attained by its citizens and noting the information provided that public education is free and available to all who live in the State party, the Committee regrets the lack of sufficient information and statistical data regarding the levels of education and access to education services by women and girls from rural areas, as well as by non-nationals of the United Arab Emirates. While welcoming the fact that private schools for non-nationals are allowed and supported by the State party, it is concerned that access to the public education system by most children of foreigners is limited, owing to practical impediments. The Committee is also concerned by the lack of information on girls’ dropout ages during the first and secondary stages of education.
The Committee recommends that the State party continue to raise awareness of the importance of universal and equitable access to education for the empowerment of women in the State party. It requests the State party to provide detailed information in its next report, and in particular, sex- and age- disaggregated statistics on education of women and girls, including those from rural areas, minorities, and non-citizens, as well as providing net enrolment rates in different stages of education (Paragraphs 34 and 35).
Employment and freedom of association: While noting with satisfaction the ratification by the State party of several International Labour Organization (ILO) conventions concerning equality, the increase in women’s participation in the labour force and the State party’s support to enlarge the number of women employed in the public sector, the Committee regrets the State party’s prohibition on forming employee welfare associations and that the principle of equal pay for work of equal value does not exist. While welcoming information regarding labour laws in the interest of women, the amendment of Federal Labour Law No. 8 (1980) to include temporary contractual workers, particularly women migrant workers, and to safeguard their rights, the draft law on service assistance and the unified contract for migrant domestic workers (2007), the Committee regrets that the State party’s protective legislation may be discriminatory to women. Furthermore, it notes with concern that women represent only 13 per cent of the total national workforce and that the number of female nationals lags far behind women migrants working in the State party. The Committee is concerned that women migrant workers are not aware of their rights, do not have easy access to justice and do not gain redress in cases of abuse, and that the kafala system and the fact that employers of migrant domestic workers often confiscate their passports make these workers particularly vulnerable to mistreatment and abuse by their employers. In this regard, the Committee notes with concern that a woman victim of harassment in the workplace is offered no other remedy than to resign and leave her employer. The Committee also expresses concern with regard to the rights of the children of women migrant workers, especially in relation to residency and access to health services and education, and regrets the insufficient information and statistical data provided by the State party on their status and access to justice and basic services.
The Committee urges the State party to strengthen the legal protection of foreign workers by adopting legislation and policies aimed at preventing abuses related to, inter alia, non-payment of wages and overtime, arbitrary reduction of wages and working hours, and to prosecute offenders, both recruiters and employers, and at raising awareness of workers’ rights and ensuring their access to legal aid and complaint mechanisms. The Committee also urges the State party to guarantee equal application of all labour laws to women and men regardless of their nationality. It calls upon the State party to expedite the adoption of the amendment to Federal Labour Law No. 8 and ensure that migrant workers are also covered by the provisions of the draft legislation under preparation and, in that regard, invites the State party to take into consideration the Committee’s general recommendation No. 26. The Committee urges the State party to guarantee all workers, including especially female workers, the fundamental principle of freedom of association and to provide equal remuneration for work of equal value, and recommends that it become a party to ILO Conventions No. 87 and No. 98 (Paragraphs 36 and 37).
Health: The Committee commends the State party for the high quality of health services for its citizens and appreciates the information related to pregnancy care. Nevertheless, the Committee regrets the lack of sex- and age-disaggregated statistics and indicators with regard to access to health services by women and girls in rural areas and non-nationals of the United Arab Emirates, the situation of elderly women, mental health, as well as information on reproductive health and sexually transmitted diseases, including HIV/AIDS.
The Committee requests additional sex- and age-disaggregated information on the situation of women’s health and the preventive and treatment measures available. It recommends that special attention be paid to the health needs of women from rural areas and non-nationals of the United Arab Emirates. The Committee also recommends that the State party undertake systematic awareness-raising programmes among all women on the importance of regular medical examination to facilitate early detection of disease and to pay special attention to reproductive health. The Committee calls upon the State party to take account of its general recommendation No. 24 (Paragraphs 39 and 40).
Women in marriage and family life: The Committee notes with concern that the legal provisions relating to personal status, including marriage and its dissolution, property relations, custody and inheritance, in particular under the Personal Status Act, and the acceptance of male guardianship and dowry do not provide for equal rights of women and men and that polygamy is a direct infringement of women’s rights. The Committee further notes with concern the State party’s reservation to article 16 of the Convention, which relates to these matters.
The Committee calls upon the State party to withdraw its reservation to article 16 of the Convention and to introduce legislative reforms to provide women with equal rights in marriage, divorce, property relations, the custody of children and inheritance. It calls upon the State party to end the practices of dowry and polygamy, in accordance with the Committee’s general recommendation No. 21 (Paragraphs 47 and 48).
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UN Committee on Migrant Workers
Not yet signed or ratified.
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UN Committee on the Rights of Persons with Disabilities
CRPD/C/ARE/CO/1
Adopted by Commmittee: 30 August 2016
Published: 3 October 2016
National Initiatives:
The Committee welcomes the “We are all children” initiative launched in 2011 to integrate children with disabilities in kindergartens (para. 4)
Girls with disabilities:
The Committee is concerned about: The multiple forms of discrimination that women and girls with disabilities experience in the State party, including as relates to loss of personal status and rights within the family as set out in the law on personal status and the Penal Code, and the lack of measures taken to address the issue; The overall lack of information on the social, economic and political situation of women and girls with disabilities and of measures to increase the participation of women with disabilities in the making of decisions affecting them (para. 13).
The Committee recommends that the State party: Repeal all legal provisions, including those in the law on personal status and the Penal Code (see CEDAW/C/ARE/CO/2-3, para. 14) in order to ensure that women and girls, including women and girls with disabilities, enjoy rights within the family on an equal basis with men and boys; Carry out awareness-raising campaigns and education programmes at all levels, in particular the family level, to foster respect for the rights and dignity of women and girls with disabilities and combat stereotypes, prejudices and misconceptions about women and girls with disabilities; Mainstream, in consultation with representative organizations, the full range of rights of women and girls with disabilities on the women’s rights agenda with a view to developing policies to promote the autonomy and full participation in society of such women and girls; Be guided by article 6 of the Convention and the Committee’s general comment No. 3 (2016) on women and girls with disabilities in the implementation of target 5 of the Sustainable Development Goals (para. 14).
Children with Disabilities:
The Committee is concerned at the absence of: A strategy to promote the exercise by girls and boys with disabilities of their freedoms and rights on an equal basis with other children; Data about girls and boys with disabilities and that information on the measures and support available to children with disabilities reaching adulthood for starting an independent life is not collected systematically; Means for girls and boys with disabilities to express their views on all matters that concern them (para. 15).
The Committee recommends that the State party: Take all the steps necessary to promote the realization of the rights of the child for girls and boys with disabilities on an equal basis with other children, and provide adequate support for girls and boys with disabilities to help them start an independent life when they reach adulthood; Ensure safeguards to protect the right of girls and boys with disabilities to be consulted in all matters that concern them and to ensure that they receive appropriate assistance in that regard (para. 16).
Corporal Punishment:
The Committee is concerned that: Corporal punishment remains lawful in alternative care settings, at home, in day care establishments and as a sentence for committing a crime and that it is not explicitly prohibited in private schools; Parents have the right to “chastise” their children, including children with disabilities; There is a lack of information on how corporal punishment affects persons with disabilities in all settings, including migrant workers, especially domestic migrant workers (para. 29).
The Committee recommends that the State party: Repeal all laws, including Federal Act No. 10 of 2008, allowing guardians or legal representatives to consent to medical research or experiments on behalf of persons with disabilities; Prohibit all forms of corporal punishment in all settings; Provide information in its next periodic report on measures taken to protect persons with disabilities, including migrant workers with disabilities, from corporal punishment (para. 30).
Abuse and Violence:
The Committee is concerned about the lack of data on the protection of persons with disabilities, especially women, girls and migrant workers, from exploitation, violence and abuse (para. 31).
The Committee recommends that the State party: Adopt a law explicitly criminalizing domestic violence, including marital rape, and establish a comprehensive domestic violence protection system, mainstreaming the rights and needs of women and girls with disabilities therein, including by consulting with their representative organizations; Develop policies aimed at providing protection from violence, abuse and exploitation, mainstream the disability perspective and step up measures to protect persons with disabilities, especially women and girls and migrant workers, from exploitation, violence and abuse; Collect disaggregated data on violence against persons with disabilities, especially women, children and migrant workers, and conduct research on the issue; Establish accessible and inclusive complaints mechanisms and guarantee the provision of accessible information and inclusive victim support services that are sufficient in number and location, in particular for women and girls with disabilities; Institute regular training on preventing and addressing violence against persons with disabilities for all relevant authorities and other stakeholders, including police officers, prosecutors, judges, social workers and health professionals (para. 32).
Education:
The Committee is concerned: That priority is still given to the provision of special education, including in mainstream schools, over the development of a fully inclusive educational system and that a comprehensive strategy for quality inclusive education is missing; That the State party has not taken sufficient steps to provide reasonable accommodation to all students with disabilities in mainstream schools, including children with intellectual and psychosocial disabilities; That training on inclusive education and teaching children with disabilities is not yet an integral part of core teacher training curricula in universities;About the emphasis on vocational and crafts skills as opposed to academic training for persons with disabilities; About the lack of information about illiteracy among older adults with disabilities and about opportunities to access vocational training and tertiary education; About the lack of disaggregated statistical data on children with disabilities in inclusive education and of teachers trained on inclusive education and teaching children with disabilities; That the quality of the education available to children with disabilities is not assessed (para. 43).
The Committee recommends that the State party: Adopt all the legal and other measures necessary, including a comprehensive strategy, to ensure the right of all children with disabilities, including children with intellectual or psychosocial disabilities, to compulsory and free primary inclusive and quality education in public and private settings, including by ensuring the provision of reasonable accommodation, assistive devices, support and accessible curricula, materials and environments; Reorient resources from segregated educational settings towards quality inclusive education with the provision of reasonable accommodation and individual support, accessible environments and curricula, for all students with disabilities in mainstream schools, at all levels, and mandatory in-service training of all teachers and all staff in education facilities on quality inclusive education; Ensure that training on inclusive education and teaching children with disabilities is compulsory and an integral part of core teacher training curricula in universities; Be guided by article 24 of the Convention and the Committee’s general comment No. 4 (2016) on the right to an inclusive education in the implementation of targets 4.5 and 4 (a) of the Sustainable Development Goals; Provide, in its next periodic report, information about illiteracy among older adults with disabilities and about opportunities to access vocational and tertiary education and statistical data on the percentage of children with disabilities in inclusive education and of teachers trained in inclusive education and in teaching children with disabilities; Takes measures to assess the quality of education of children with disabilities (para. 44).
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UN Committee on Enforced Disappearance
Not yet signed or ratified.
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