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Summary: General overview of the United Arab Emirates' 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 Article 125 of the Constitution of the United Arab Emirates creates an obligation for the Governments of the Emirates to take steps to implement treaties and international agreements, including the Convention on the Rights of the Child. It is not clear, however, if the Convention can be cited in domestic courts and if so to what effect. Constitution: Part III of the Constitution of the United Arab Emirates contains a number of rights provisions that apply regardless of age, but only a small number of provisions throughout the Constitution make specific reference to children: Article 16: provides that society shall be responsible for protecting childhood and motherhood, and shall protect minors and others unable to look after themselves. Such matters are to be regulated by Public Assistance and Social Security legislation. Article 17: provides that primary education shall be compulsory and that the law must set out plans for education at various levels and for the eradication of illiteracy Article 18: allows for the establishment of “special schools” by individuals and organisations. Legislation: there is no comprehensive or consolidated Children's Act in national law, rather provisions of relevance to children can be found in a number of Acts and Ordinances. Legislation of particular relevance to children includes, but is by no means limited to: Federal Act No. 9 of 1976 concerning Juvenile Delinquents and Vagrants Federal Act No. 3 of 1987, the Penal Code Federal Law Act No. 35 of 1992, the Criminal Procedures Law Federal Act No. 8 of 1980, the Labour Relations Regulatory Act Federal Act No. 13 of 1981 concerning Social Security Federal Act No. 29 of 2006 concerning the Rights of Persons with Special Needs Federal Act No. 5 of 1983 regulating the Activities of Nursery Schools Federal Act No. 6 of 1973 concerning the Entry and Residence of Foreigners Federal Act No. 43 of 1992 regulating Reform and Penal Institutions Federal Act No. 17 of 1972 on Nationality Ministerial Ordinance No. 32/3 of 1983 concerning the Statutes of juvenile reform centres Legal Research The website of the Cabinet of the U.A.E. provides access to the Constitution in English and Arabic (http://www.uaecabinet.ae/English/UAEGovernment/Pages/ConstitutionOfUAE.aspx) and the Ministry of Justice maintains an online database of national legislation in English and Arabic (http://www.elaws.gov.ae/EnLegislations.aspx). A selection of domestic legislation is available in English and Arabic through the website of the World Law Guide (http://www.lexadin.nl/wlg/legis/nofr/oeur/lxweuae.htm) and the International Labour Organisation website, NATLEX (http://www.ilo.org/dyn/natlex/natlex_browse.country?p_lang=en&p_country=ARE). In addition, the GlobaLex project at New York University has published a guide to legal research in the U.A.E. (http://www.nyulawglobal.org/Globalex/United_Arab_Emirates.htm) and the World Legal Information Institute (http://www.worldlii.org/links/2768.html) and the U.S. Law Library of Congress (http://www.loc.gov/law/help/guide/nations/uae.php) both provide access to a selection of legal and governmental resources. Case Law 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 Research The website of the Ministry of Justice maintains a database of decisions of High Court in Arabic (http://www.elaws.gov.ae/EnLegislations.aspx). Compliance with the CRC The United Arab Emirates has not reported to the Committee on the Rights of the Child since 2002, but at the time of that review, the Committee welcomed information that a number of draft laws were under consideration (notably the Child Protection Act, the Disabled Persons' Act and the Juvenile Delinquency Act). However, the Committee expressed concern that several of the rights under the Convention on the Rights of the Child were not adequately reflected in domestic law and that the application of different legal jurisdictions throughout the State party may lead to discrimination. The Committee specifically raised concern that gaps in federal and local legislation may result in irregularities and disparities in the outcomes of the judicial process; that discrepancies could occur between Shariah judges' decisions and the decisions of other courts; that personal status laws remained uncodified and that Shariah courts were not regulated by uniform procedural rules. In depth analysis Discrimination was a major theme within the Committee's 2002 Concluding Observations, particularly with regards to girls, women and children born out of wedlock. The Committee specifically expressed concern about discrimination within personal status laws, which negatively affected girls with regards to inheritance, custody and guardianship. The Committee also raised concern that children whose mothers were UAE nationals did not have a right to inherit nationality, while children of fathers with the same nationality would be able to inherit nationality. The Committee urged the State to eliminate discrimination on the basis of sex and birth in all areas of national law, and to eliminate disparities in the enjoyment of rights between children within the jurisdiction of the State. The Committee also raised serious concern at the prevalence of violence affecting children, including that children could be sentenced to flogging, a penalty prohibited by the Convention's provisions on torture, inhuman or degrading treatment and punishment. The Committee urged the State to take steps to immediately abolish the imposition of flogging and other forms of cruel, inhuman or degrading punishment, as well as to prohibit all forms of physical and mental violence against children. With regards to justice, the Committee urged the State to make comprehensive reforms to introduce a specialised juvenile justice system, including the establishment of juvenile courts. The Committee specifically urged the State to raise the low age of criminal responsibility (7 years), expedite the promulgation of the juvenile justice law, ensure children have access to legal aid and consider non-custodial sentences for juvenile offenders. Current legal reform projects In 2002, the State reported to the Committee on the Rights of the Child that it was drafting a Child Protection Act (CPA). As of July 2013, the CPA was on the agenda of the Federal National Council to be discussed in the Council's Autumn session. Read more here http://www.thenational.ae/news/uae-news/child-protection-foreign-ownership-and-teaching-standards-on-uaes-horizon. The State also reported that it was drafting a Juvenile Delinquency Act, but at the time of writing, CRIN was unable to verify whether this reform took place.