UNITED ARAB EMIRATES: Children's Rights in the Universal Periodic Review (Second Cycle)

Summary: A compilation of extracts featuring child-rights issues from the reports submitted to the first Universal Periodic Review. There are extracts from the 'National Report', the 'Compilation of UN Information' and the 'Summary of Stakeholder's Information'. Also included is the final report and the list of accepted and rejected recommendations.

 United Arab Emirates – 15th Session – 2012
Monday 28th January 2013 - 2.30 p.m. - 6.00 p.m

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National Report
Compilation of UN information
Summary of Stakeholder information
Accepted and Rejected Recommendations

(Read about the first cycle review)

 

 

National report

III. Developments in the normative and institutional framework for the promotion and protection of human rights

B. Domestic laws, legislation and regulations

Federal Act No. 15 of 2009, prohibiting the sale or supplying of tobacco to persons below the age of 18 years;

Federal Act No. 18 of 2009, concerning the organization of the register of births and deaths;

Federal Act No. 1 of 2012, concerning care for children of unknown parentage, which was enacted to regulate care for the delivery of such children in the Emirates by providing for the establishment and development of care facilities and a system of foster care.

C. Draft laws and regulations

Bill on raising compulsory school age in the Emirates to 18 years, as approved by the Cabinet in 2012;

Children’s Rights Bill of 2012;

D. Developments with regard to governmental bodies and public human rights institutions

Ministry of the Interior

High Committee for the Protection of the Child: Led to the establishment of the Child Protection Centre in the Ministry of the Interior in May 2011, pursuant to Ministerial Decision No. 347 of 2011, which deals with all offences committed against children and all phenomena that encourage the exploitation of children, and devises solutions and initiatives to ensure that children receive protection;

Social support centres in police departments: Deal with cases of domestic violence where there is no need to file an official complaint and with violence in schools; cases where children run away from the home but no report has been filed with the police; juvenile offending that does not involve a major crime; and disputes and fights between neighbours that do not need to be formally reported;

Ministry of Education

Department of Special Education: Established in 2008 in the Ministry of Education, the Department promotes the rights of students with special needs and ensures that they have access to the same educational opportunities as students in regular education. It has taken rigorous measures to integrate this category of students into 114 integrated education schools, which are fully equipped with a range of assistive technologies.

National mechanisms for the promotion and protection of human rights

Supreme Council for Mothers and Children: The Council worked with civil society institutions to formulate the first national strategy of the United Arab Emirates on motherhood and childhood. It is a strategic partner of the United Nations Children’s Fund (UNICEF) in the United Arab Emirates and set up a cooperation programme, between 2010 and 2012, to broaden the cooperation and partnership between the two parties.

10. The State has established a set of interrelated national policies and strategies to promote and ensure the enjoyment of fundamental human rights and freedoms, consisting of the following:

Emirates Vision 2021: The Vision comprises four components: an ambitious and confident people; a strong federation; a competitive economy; and a good quality of life in a generous and sustainable environment. The Government, in the approach that it takes to the realization of the Vision, accords absolute priority to the improvement of education, health and housing services, the development of human resources and the development of remote areas throughout the country;

National Strategy for Motherhood and Childhood: Sets forth the principles for ensuring that mothers and children have access to an appropriate environment, enjoy their right to survival, development, health, education, capacity-building, effective participation in matters that affect, and protection from violence, ill-treatment and exploitation. It is considered a fundamental reference point for decision makers in the domain of motherhood and childhood in the United Arab Emirates;

Follow-up action on voluntary pledges and the recommendations accepted in the first session of the universal periodic review (2008)

Voluntary pledges

Study on possible accession to the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1984

11. The United Arab Emirates acceded to the Convention on 19 July 2012.

Study on possible accession to the United Nations Convention on the Rights of Persons with Disabilities

12. The United Arab Emirates acceded to the Convention on 19 March 2012.

Study on possible accession to the optional protocols to the Convention on the Rights of the Child

13. A committee comprising representatives of the competent institutions in the United Arab Emirates was set up to look into the possibility of acceding to the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography and the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict. Work is being done to bring the country’s laws into line with the provisions of those instruments, to prepare the ground for accession by the State.

Study on possible accession to the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention against Transnational Organized Crime

14. The United Arab Emirates acceded to the Protocol on 21 January 2009.

Organization of workshops in cooperation with international human rights organizations to disseminate human rights principles in line with the international treaties to which the State is a party

The Supreme Council for Motherhood and Childhood and the General Women’s Union, in conjunction with international organizations that deal with issues affecting women and children — UNICEF, UN Women, the United Nations Educational, Scientific and Cultural Organization (UNESCO), the United Nations Development Programme (UNDP) and the Economic and Social Commission for Western Asia (ESCWA) — held numerous courses and workshops to disseminate information about human rights principles in line with the treaties to which the United Arab Emirates is a party.

18. The Cabinet has given its approval for the adoption of a federal law on compulsory education in the United Arab Emirates, that states that compulsory schooling begins at the age of 6 and ends either at the age of 18 or with the completion of [compulsory] education, whichever of the two comes first. To deal with the problem of students dropping out of school and ensure compliance with the regulation, provision is made for the establishment of special mechanisms to ensure compliance with compulsory education attendance requirements and for the imposition of appropriate sanctions.

Recommendations that were accepted

Promotion and protection of human rights principles and establishment of a national strategy to disseminate a culture of human rights (recommendations 2, 3, 4, 19 and 34)

22. In follow-up to the above-mentioned recommendations, the Government took the following steps and measures:

The Standing Committee on Follow-up to the Universal Periodic Review Report coordinates the State’s efforts to disseminate a culture of human rights and is looking into the possibility of devising a national human rights strategy in accordance with the relevant regional and international standards and based on the values and cultural heritage of society in the United Arab Emirates;

The Ministry of Education drew up a document on teaching the human rights education curriculum to students in grades 1 to 12. Human rights concepts were incorporated in the national document on Islamic education in primary and secondary schools. These concepts include: civil and political rights, such as the right to life, the right to freedom of expression and the right to political participation; social and economic rights, such as the right to services and the right to own property; and environmental rights, such as the right to clean water, the right to breathe clean air, and the right to protection of the environment and of public health;

Considerable attention has been paid to the delivery of training for members of the prosecution service and the judiciary; the principles and provisions of international human rights instruments have been included in the curricula taught at judicial training institutes.

Recommendation 5, which states that the Emirates should be complimented for its pioneering and considerable experience in the area of ending employment of children in camel racing

23. The United Arab Emirates has done a great deal of work and taken specific steps on this issue over the course of several years. For example, it adopted Act No. 15 of 2005, which prohibits the employment of persons under the age of 18 years in camel racing.

24. The Ministry of the Interior set up committees to follow up on the application of the Act. It also signed an agreement with UNICEF on rehabilitating child jockeys in their communities and raising their living standards. Some US$ 30 million was allocated for this purpose in 2007 and drawn upon to pay compensation to each child who had participated in camel racing. On 6 June 2012, the committee responsible for following up on compensation payments held its final meeting, marking the closure of the dossier on child jockeys in the United Arab Emirates.

Strengthening of cooperation between the United Arab Emirates and international human rights mechanisms (recommendations 6 and 36)

Following the adoption of its first report in 2009, the United Arab Emirates received several special rapporteurs, including the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance and the Special Rapporteur on the sale of children, child prostitution and child pornography. It also received the Special Rapporteur on trafficking in persons, especially in women and children, who visited the country from 11 to 17 April 2012 to look at what the State was doing on that issue;

On 24 and 25 April 2010, the United Nations High Commissioner for Human Rights, Ms. Navanethem Pillay, undertook a mission to the United Arab Emirates. Ms. Pillay met with the Head of State, senior State officials and representatives of civil society organizations and praised the United Arab Emirates for the work that it was doing to promote and protect human rights;

The Government continues to renew its support for the funds of the Office of the United Nations High Commissioner for Human Rights, which will help the Office to implement its 2012–2013 programme. The State’s contributions to these funds now amount to US$ 390,000. Moreover, at the Pledging Conference for Development Activities held at United Nations Headquarters in New York, the United Arab Emirates announced its intention to donate the amount of US$ 7,194,000 in 2012 to a number of human rights funds such as the Trust Fund on Contemporary Forms of Slavery; the Voluntary Fund for Victims of Torture; the United Nations Voluntary Trust Fund for Victims of Human Trafficking; and funds for UNDP programmes.

29. The Ministerial Committee on Legislative Matters completed its consideration of the Children’s Rights Bill, which contains 72 articles on subjects such as child care, children’s rights and the entities responsible for monitoring those rights. The Bill regulates the exercise of children’s freedoms and rights, including family, health, cultural, social and educational rights. It also includes a number of prohibitions that are designed to protect children, makes provision for the institution of mechanisms and measures to afford this land of protection and prescribes penalties for breaching its provisions.

32. The Government has established institutions, such as shelters for women and children, the Dubai Foundation for Women and Children and Ministry of the Interior social welfare centres, to protect women and children from domestic violence. In this way, effective action has been taken to follow up on recommendation 30, as these institutions provide health, psychological, social, legal and rehabilitation services to victims of domestic violence.

Recommendations under consideration

1. Recommendation 3: Sign and ratify the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime

39. The United Arab Emirates became a party to the Protocol on 21 January 2009.

2. Recommendation 4: Introduce amendments to national laws on citizenship to enable the children of female citizens married to non-citizens to acquire nationality of the United Arab Emirates

40. The laws on acquisition of nationality by the children of female citizens were amended pursuant to a presidential decree of 2011, which includes the following provisions:

The children of female citizens are entitled to the same treatment as nationals of the United Arab Emirates, without any discrimination, in the areas of education, health and employment;

When they reach the age of 18 years, these children have the right for citizenship in the United Arab Emirates.

44. In the period from 2008 to 2012, major changes were introduced in favour of women, as detailed below:

95 per cent of girls and 80 per cent of boys who complete their secondary education enrol in higher education. Women account for 70 per cent of university graduates in the United Arab Emirates, one of the highest proportions worldwide;

65. The Government of the United Arab Emirates provides a full range of resources to improve education in the country. A major process has been implemented to develop and modernize education by linking it to the knowledge-based economy, competitiveness and the requirements of the labour market. In 2010, the Ministry of Education received allocations amounting to 16.5 per cent of the general budget (Dh7.2 billion). Moreover, 6.2 per cent of the budget was allocated for higher education (Dh2.7 billion). These resources were provided for the implementation of plans to achieve ongoing qualitative and quantitative development in all areas of State education (kindergartens, illiteracy eradication, technical and vocational education, women’s education and private education).

66. The Ministry of Education Strategy for Educational Development (2011–2013) was devised to establish a world-class integrated education system that uses state-of-the-art technologies. Education councils established in Abu Dhabi, Dubai and Al-Sharjah help to turn the principle of decentralization embraced by the Ministry of Education into a strategy for developing and modernizing the country’s education system.

67. In 2011/12, there were 1,186 public and private schools with 796,836 students, all stages of schooling taken together. This compares with only 74 schools and 12,800 students in the 1971/72 academic year when the Federation was established.

68. The Ministry of Education has taken steps to implement a school integration project: a series of laws have been enacted on the inclusion of young persons with disabilities in schools so as to afford them equality of opportunity in education. The Ministry has trained personnel to look after students with special needs so that they can overcome all the difficulties that people in this group encounter. In this connection, Ministerial Decision No. 166 of 2010 was issued on the enforcement of general regulations on special education programmes in public and private schools.

69. As evidence of its belief in the importance of the teaching vocation, the Cabinet issued a decision in June 2012 on the creation of posts and the allocation of career development funds for 7,782 education personnel (teachers and employees in educational institutions, such as tutors, school heads and deputy head and administrative staff employed by the Ministry of Education). Around Dh368 million is allocated each year for this purpose.

70. The United Arab Emirates has become an international centre for higher education that has attracted many of the world’s leading universities, making it a magnet for thousands of students from neighbouring countries. In the United Arab Emirates there are a large number of national and international universities, including the Khalifa University of Science and Technology, Zayed University, institutes of high technology, Abu Dhabi University, the Sorbonne University, Sharjah University, the American University of Sharjah, the American University in Dubai, St. Joseph’s University in Dubai, George Mason University in Ras al-Khaimah, Ajman University of Science and Technology, the Abu Dhabi Institute of Applied Technology, and other world-class universities and colleges.

71. As of the end of 2009, more than 95,000 students had graduated from these institutions, a figure that does not include the students who graduated at foreign ministries.

72. The Government pays special attention to the health services sector and to delivering high-quality, world-class services in the areas of treatment, prevention and follow-up. In addition, it implements strategic programmes to combat chronic and communicable diseases and provide care for children and mothers. The allocations for health services in 2009 exceeded Dh2,644,000,000. This figure excludes the budgets that local authorities allocated to health institutions and major private sector investments. The expenditure in 2010 amounted to Dh33.7 billion, which includes the large budgets of the Ministry of Health, the Abu Dhabi and Dubai health authorities and major private investment.

73. There are 65 hospitals in the United Arab Emirates, 15 of them federal institutions, and over 150 primary health-care centres and clinics, in addition to 11 school health centres, 10 centres for mothers and children and 110 special units for mothers and children in hospitals and primary health-care centres. This compares with 7 hospitals and 12 health centres when the Federation was established in 1971.

74. The figures show that the infant mortality rate fell to 6.7 deaths per 1,000 live births in 2009, down 2.2 per cent from the figure for 1990. This means that the target of 3.8 set for 2015 is not only achievable but could be exceeded, if progress continues to be made at the current rate.

75. The Government of the United Arab Emirates dispenses financial assistance each month to 20 categories of persons, namely, persons with disabilities, widows and divorcees. The programme benefits 40,121 families. A total of 4,882 children, 862 of them orphans, receive assistance, in addition to 3,697 children with disabilities and 323 children of unknown parentage. As of 2012, the amount disbursed to these families was increased to Dh7.14 billion.

76. The United Arab Emirates supports children and adults with disabilities and provides them with the training required for their integration into society. Some 4,511 children with disabilities regularly attend 42 centres, of which 19 are local and Government centres and 23 are private and voluntary sector centres. The centres provide educational, health, sports and vocational training services to persons with disabilities. There are also special education classes in general education institutions serving around 2,000 children with disabilities or learning difficulties. The Ministry of Social Affairs and the Ministry of the Interior endeavour, in cooperation with partners in the governmental, private and civil society sectors, to place persons with disabilities in employment. The Ministry of Health has set up a health and rehabilitation committee for persons with disabilities.

78. The United Arab Emirates takes a close interest in the situation of children and has thus enacted legislation on the right of children to care and development. It implements a number of plans in the health, social welfare and educational domains to support children’s development.

79. As of mid-2012, there were 295 crèches in urban areas and villages in the United Arab Emirates catering for children below the age of 4. These institutions provide children with health, social, educational and psychological care, teach them skills and organize recreational activities and programmes for them. The Cabinet issued Decision No. 19 of 2006 providing for the establishment of crèches in State institutions, Government departments and administrative offices to look after the children of female employees and offer the children a measure of social stability. Thirty-two crèches have been established pursuant to this decision.

80. The Government of the United Arab Emirates protects juvenile offenders of both sexes. It set up social education homes to care for young persons. The centres are equipped to deliver social welfare, education, assistance with behavioural reform and vocational training. Juvenile social education homes have received 342 juvenile offenders and 159 young persons placed with them for at least one week as a precautionary measure. Under an after-care programme, young persons are monitored after release with a view to supporting their social reintegration.

88. The State has opened up residential and psychosupport centres for victims of human trafficking, as this is a key element of the country’s strategic plan to combat this scourge. Reception centres, working in coordination and cooperation with various partners, including victims’ charities and home countries, provide a full range of care and health, psychological and legal services to victims while their cases are being investigated. Victims are then returned to the country of origin, at the State’s expense, in the framework of the Programme of Assistance for Victims of Human Trafficking. There are a number of institutions that care for victims of trafficking in the United Arab Emirates, the main ones being listed below.

The Dubai Association for the Protection of Women and Children, which was founded in 2007 to provide psychological support to all women and children, whether nationals or expatriates, who are victims of human trafficking, domestic violence, neglect, ill-treatment by an employer, or other social problems;

Homes for victims of human trafficking: These were established in 2008, under the auspices of the national Red Crescent Society, to provide protection and psychological, health and legal assistance to victims of human trafficking. Their remit was widened following the opening of new homes in Al-Sharjah and Ras al-Khaimah.

89. At a cost of Dh1 billion, this initiative was launched in 2012 with the aim of realizing the Emirates Vision 2021 — in which education is regarded as a fundamental element of the sustainable development that the Vision seeks to achieve — and of creating a new learning environment in schools that provide intelligent education. Touchpads will be distributed to all students and all State schools will be connected to high-speed, fourth generation (4G) networks. Moreover, the teachers will receive specialist training and new syllabuses will be added to support the basic curriculum. The project will be carried out jointly by the Ministry of Education and the Telecommunications Regulatory Authority and will be directly overseen by the Office of the Prime Minister.

95. The human rights education game was designed by the national Human Rights Association in cooperation with the Ministry of Education. It is for students aged between 9 and 15 years. It was designed to disseminate information about children’s rights, familiarize children with their rights and obligations and teach them social skills such as how to cooperate with others and take part in dialogue. In this connection, a series of workshops were held by the Ministry of Education for target groups in all educational sectors.

96. The Ministry of Social Affairs is preparing to launch a children’s parliament made up of 40 children between the ages of 8 and 18, who will be elected by different educational establishments across the country. The aim is to promote participation in parliamentary life and give children the chance to express their views. A committee representing the various parties concerned was set up to develop the project. The Cabinet will determine which body will oversee the future parliament; the committee responsible for developing the project proposed that the Federal National Council should perform the oversight function.

Capacity-building

Ministry of Education

The Ministry of Education is taking steps to establish a students’ parliament, whose composition and rules of procedures will be modelled on those of the Federal National Council. The Ministry has signed a memorandum of understanding with the Council, and the memorandum of execution proposed by the Council secretariat is in the process of being signed. The future parliament should provide students with a chance to learn about effective participation in public life and should establish opportunities for them to engage in dialogue directly with decision makers.

Dubai Police

A training course (“Combating human trafficking from a national security perspective”) was held in April 2009 to sensitize members of the police to the gravity of human trafficking and its impact on national security;

The Human Trafficking Surveillance Centre of the Dubai Police and the Dubai Association for the Protection of Women and Children held a two-day colloquium in November 2009 on the theme “Human trafficking: challenges and obstacles”. The objective was to unify the efforts of all the entities involved in combating this crime. Representatives of the interior, labour and health ministries and of the Dubai and Abu Dhabi police forces were there, as were other stakeholders;

The Dubai Police and the Dubai Association for the Protection of Women and Children organized a second colloquium, in 2010, on combating human trafficking. The theme of the event was the media and human trafficking.

General Women’s Union and the Supreme Council for Motherhood and Childhood

Workshops and training sessions on treaties (the Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Discrimination against Women) have been held for women’s associations and the State institutions that deal with issues affecting women and children in particular;

A national awareness campaign on children’s rights (“Give us our rights”) was conducted, between 25 October and 3 November 2011, jointly by the Ministry of the Interior, the Supreme Council for Motherhood and Childhood, the Supreme Council for Family Affairs and the Department of Social Services. In the framework of the campaign, a seminar was held, at which several working papers on children’s rights were presented. Moreover, a workshop, managed by children, was held at the Federal National Council to discuss children’s rights. In addition, talks were delivered in schools;

A seminar on children’s rights was held in June 2012 by the Supreme Council for Motherhood and Childhood and the Judicial Training and Studies Institute. Several interesting working papers were presented on children’s rights;

Special workshops and training courses on the economic empowerment of women living in remote areas were held, jointly with UN-Women, in May and June 2012 in Ras al-Khaimah, Fujairah, Umm al-Qaywin and Ajman.

98. Like other States, the United Arab Emirates has to meet certain challenges and set priorities in the human rights domain in the light of the rapid changes in the world, which will be its centre of focus in the forthcoming phase. Special attention will be focused on the following issues:

Strengthening the role of national mechanisms for the promotion and protection of human rights in the light of changes unfolding at the national and international levels in this domain. One of the State’s main objectives at the present time is to consider the possibility of establishing national human rights institutions that would include Government and civil society representatives that would promote and coordinate the efforts of the State to promote and protect human rights;

Pursuing efforts to develop domestic legislation in order to provide better protection for human rights, drawing on international best practices in this domain;

Pursuing efforts to provide capacity-building in various aspects of human rights, to train cadres, using sustainable techniques and to integrate those persons into the workplace and educational institutions so that human rights and human rights education become an integral part of the culture of all institutions and entities in the United Arab Emirates;

Evaluating existing strategies on women, children, employment and combating human trafficking so as to establish whether strategic goals have been met and to create a database that provides qualitative and quantitative information on Government action in all areas relating to human rights.

Compilation of UN information

3. The Committee on Elimination of Racial Discrimination (CERD) encouraged the United Arab Emirates to consider making the optional declaration provided for in article 14 of the Convention, and to consider ratifying ICRMW. The Special Rapporteur on the sale of children recommended that it accelerate the process of ratification of OP-CRC-SC.

4. The United High Commissioner for Refugees (UNHCR) and CEDAW recommended that the United Arab Emirates accede to the 1951 Convention relating to the Status of Refugees and its 1967 Protocol; and to the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness.

5. CEDAW and the Special Rapporteur on trafficking in persons, especially women and children, noted with appreciation that the United Arab Emirates had ratified the Convention against Transnational Organized Crime and its Protocol to Prevent Suppress and Punish Trafficking in persons, Especially Women and Children (The Palermo Protocol).

12. UNHCR commended the United Arab Emirates for establishing human rights departments in several key ministries, including the Ministry of Foreign Affairs (2010), the Ministry of the Interior (2009) and the Human Trafficking Department at the Ministry of Labour (2010). Other institutions and bodies concerned with human rights included the Supreme Council for Motherhood and Childhood; shelters for women and children victims of trafficking; and the Dubai Community Development Centre.

13. UNICEF noted that a first draft of the second periodic report on the implementation of CRC, due in 2004, had been developed but still not completed and that it was expected to be submitted soon.

21. CERD remained similarly concerned at the legal situation of some “Bidoun”, notably regarding their status as stateless persons and at allegations of discrimination in the labour market. It recommended continued efforts to grant the “Bidoun” nationality and to ensure their equal access to the labour market. The Special Rapporteur on the sale of children stressed that the situation of the “Bidoun” children must urgently be regularized with a view to ensuring their access to health and education.

22. During her mission to the United Arab Emirates in May 2012, the Special Rapporteur on trafficking in persons, especially women and children found that trafficking of women occurred mostly in the sex trade and in domestic work, while for men it was in the labour industry. She highlighted the need to reduce the vulnerability of foreign workers to trafficking through safe and legal migration arrangements, in order to ensure that the high demand for cheap, low-skilled or semi-skilled foreign labour was not exploited by traffickers and agents. The Special Rapporteur urged the Government to expand the definition of trafficking contained in Federal Law No. 51 on the suppression of human trafficking through the explicit inclusion of labour exploitation and domestic servitude as well as forced marriages. She also stressed that despite Government efforts to sensitize law enforcement officers on the issue of human trafficking, the identification of victims still remained problematic. Attention had focused almost exclusively on trafficking for sexual exploitation, making other forms of trafficking practically invisible and unrecognized. Furthermore, the Federal Law did not include any provision for the protection, recovery and rehabilitation of victims.

26. In 2009, the Special Rapporteur on the sale of children recommended that that all persons under 18 years of age who were sexually exploited not be treated as criminals but rather as victims, and that all possible measures be taken to avoid their stigmatization and social marginalization. She also recommended that the United Arab Emirates continue pursuing partnerships with tourism agencies, Internet service providers, telecommunication companies and banks in its efforts to combat the sexual exploitation of children, including child sex tourism and the exploitation of children online. Provisions regarding trafficking in children and the protection of victims in accordance with the provisions of Palermo Protocol should be included in Federal Law No. 51. She further recommended that the Government accelerate the process of elaborating the national child protection strategy, under the aegis of the Higher Council for Motherhood and Childhood, and strengthen the child complaints monitoring mechanism and the training given to relevant authorities on combating child online sexual exploitation.

27. CEDAW regretted the absence of a specific law on violence against women, especially domestic violence. It also regretted that women victims were generally reluctant to report cases of violence. While noting the existing draft legislation on domestic workers, it was deeply concerned about the lack of protection of female migrant workers, especially domestic workers, when reporting cases of violence against them, noting that such reporting may lead to them being treated as offenders. It urged the United Arab Emirates to give high priority to comprehensive measures to address all forms of violence against women and girls.

28. UNICEF stated that cases of child abuse were rarely reported and that, therefore, official reports and data contained insufficient information about the nature and extent of this problem. A main challenge was the absence of a comprehensive national framework to protect children and families from violence, rehabilitating child victims of violence and persecuting perpetrators of abuse.

29. In a letter transmitted to the United Arab Emirates in February 2010, the Special Rapporteur on the sale of children, jointly with the Special Rapporteur on trafficking in persons, especially women and children, drew attention to allegations that 988 child camel jockeys previously trafficked to the country had not been provided with compensation to date.

30. In 2009, CERD was concerned that children of Emirati women married to a foreign national do not receive citizenship. CERD and the Special Rapporteur on racism, racial discrimination, xenophobia and related intolerance recommended that the Government consider reviewing its legislation in order to prevent that these children become stateless in some cases.

32. UNICEF noted that in early 2012, a decree had been passed allowing Emirati women married to foreigners to pass their citizenship to their children once they are of legal age. UNHCR welcomed the fact that the issuance of the decree had resulted in the acquisition of Emirati nationality by 1,117 children born to women who are citizens of the United Arab Emirates married to foreigners.

43. CEDAW commended the United Arab Emirates for the high levels of education attained by its citizens and noted information that public education is free and available to all who live in the country. Nevertheless it expressed concern that, owing to practical impediments, access to the public education system by most children of foreigners was limited. It recommended continued awareness-raising on the importance of access to education for the empowerment of women.

44. In 2010, the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance recommended that the Government reconsider its current educational policy, so as to ensure that public educational institutions are de facto open to all children, including non-nationals.

Summary of stakeholders' information

14. JS1 asserted that the rejection by the UAE, during its previous review in 2008, of recommendations on ending discrimination between men and women was contrary to its international human rights obligations. It stated that UAE law discriminates against women by granting men privileged status in matters of marriage, divorce, inheritance, and child custody. It recommended that the UAE amend statutes of family law to ensure that women have equal status to men in matters of divorce, inheritance, and child custody.

15. JS1, noting that the UAE hosts between 10,000 and 100,000 stateless residents known as Bidoun, stated that, due to their stateless status, the Bidoun face obstacles in many areas, such as access to healthcare and education. Alkarama noted that the Bidoun lacked access to basic citizens’ rights, although some individuals had lived in the UAE territory for several generations. ICSRF indicated that the Bidoun faced problems in obtaining birth and death certificates or any other official documents, that they could not have their house or car ownership registered in their names or obtain a driving license. Furthermore, they faced problems when trying to enroll their children in Government schools or obtain free treatment at Government hospitals. JS1 noted reports that, in 2012, Interior Ministry officials had stepped up pressure on stateless residents to apply for citizenship in other countries.

17. AI noted that the UAE retains the death penalty in national legislation, including for offences which do not meet the criterion of “most serious crimes”, for which the death penalty may be imposed under international law. In October 2009, the President had issued a decree relating to national security, which, among other things, provides for the imposition of the death penalty against people convicted of disclosing information that harms the state. In 2011, the UAE had resumed executions for the first time since 2008. At least 31 death sentences had been imposed in 2011. The Supreme Court had also handed down death sentences to juvenile offenders in violation of international law. AI called on the UAE to establish a moratorium on executions with a view to abolishing the death penalty as provided by UN General Assembly resolutions. Pending full abolition of the death penalty, the UAE should abolish it for all crimes that do not meet the threshold of “most serious crimes”, including for drug trafficking and for disclosing information that harms the state; and ensure that no death sentences are handed down to juvenile offenders. ICSRF noted that the UAE Penal Code prescribes the death penalty for a considerable number of crimes. It recommended that the death penalty be abolished.

23. JS1 indicated that despite the existence of shelters and hotlines to help protect women, domestic violence remained a pervasive problem. The Penal Code gave men the legal right to discipline their wives and children, including through the use of physical violence.AI and JS1 noted a 2010 judgment by the Federal Supreme Court which upheld a husband’s right to “chastise” his wife and children.The ruling, citing the UAE Penal Code, sanctioned beating and other forms of punishment or coercion providing it leaves no physical marks.

24. JS1 recommended that the UAE introduce legislation to prohibit the right of men to inflict beatings and other forms of physical punishment or coercion on their wives; protect victims of rape and sexual assault by offering health services and medical attention; cease prosecutions of rape victims for “illicit sex”; offer proper trainings to police, investigators, public prosecutors, and judges on how to handle cases of sexual assault; and ensure that policewomen with specialized training are available to assist and support women who report rape.

25. Global Initiative to End All Corporal Punishment of Children (GIEACPC) noted that in the UAE, corporal punishment of children was prohibited at school, but lawful at home. It also noted that in the penal system, corporal punishment is lawful as a sentence for crime. In this regard, it recalled relevant recommendations of the CRC.

30. ODVV stated that the age of 7 years for criminal responsibility was too low. It urged the Government to amend the Juvenile Criminal Law and raise the age to international standards.

31. AI noted that the UAE authorities had made some progress on the recommendation to consider allowing female citizens married to non-citizens to pass on their nationality to their children. In November 2011, the UAE President had issued a directive giving the children of UAE women married to foreign nationals the right to apply for citizenship when they reach 18 years of age.

Accepted and Rejected Recommendations - To follow

 

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