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Summary: General overview of Yemen's national legal provisions on children's rights, including guidance on how to conduct further research.
عر بية
National laws on children's rights
Status of CRC in national law
While the Government has stated that “international treaties and optional protocols which the Republic of Yemen has ratified have the force of law”, it is unclear what exactly this means and notable that the Convention has not has been not invoked in domestic courts.
Constitution: The Constitution of the Republic of Yemen includes some provisions that directly or indirectly address the rights of children and the rights of parents in relation to children:
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Art. 26 states that the family, which is rooted in religion, morality and patriotism, is the cornerstone of society and the law shall protect its structure and strengthen its ties.
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Art. 30 provides that the State shall protect mothers and children and cater for the welfare of young people.
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Art. 44 notes that the law shall regulate nationality issues and that any Yemeni shall not be deprived of his nationality. Once Yemeni nationality is acquired it may not be withdrawn except in accordance with the law.
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Art. 47 (b) and 49 (e) expressively prohibit torture and other cruel, inhuman or degrading treatment or punishment.
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Art 54 establishes a right to education by requiring the government to building schools and cultural and educational institutions, mandating basic education and demanding that the government do its best to obliterate illiteracy, and giving special care to expanding technical and vocational education. The article also requires to the government to give special attention to young people, to protect them against perversions, and to provide them with religious, mental and physical education and the appropriate environment to develop their aptitude in all fields.
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Art. 56 establishes social security for all citizens in cases of illness, disability, unemployment, old age or the loss of support and calls on the government to especially guarantee this for the families of those killed in war according to the law.
Legislation: Yemen has a consolidated legal act called the Rights of the Child Act which covers the substance and provisions of the CRC and incorporates a number of other provisions from relevant Yemeni legislation. Other laws related to the subject matter of the CRC includes, but is by no means limited to:
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The Social Welfare Act (No. 31,1996; No. 17, 1999)
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The Welfare and Rehabilitation of Disabled Persons Act (No. 61, 1999)
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The Civil Code (No. 14,2002)
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The Juveniles Act (No. 24,1992; No. 24, 1997)
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The Penal Code (No. 12, 1994)
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The Personal Status Act (No. 20, 1992)
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The Civil Service Act (No. 19,1991)
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Non-Governmental Associations and Institutions Act (No. 1, 2001)
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The Disabled Welfare and Rehabilitation Act (No. 16, 1999)
Legal Research:
The power to legislate is vested in the the Assembly of Representatives (Majlis al-Nuwaab) which maintains a website in Arabic (http://www.yemenparliament.com/), although some legal documents may be found in English in the International Labour Organization's NATLEX database (http://www.ilo.org/dyn/natlex/natlex_browse.country?p_lang=en&p_country=YEM). The Constitution is available online in Arabic through the Yemeni government's website, and an English translation of an older, largely similar version of the Constitution is also available online (http://www.al-bab.com/yemen/gov/con94.htm). Links to further legal and government resources are available from the U.S. Library of Congress (http://www.loc.gov/law/help/guide/nations/yemen.php) and the World Legal Information Institute (http://www.worldlii.org/ye/).
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 Supreme Court is highest court of appeal, with eight divisions: Constitutional, Appeals, Scrutiny, Criminal, Military, Civil, Family, Commercial, and Administrative. Courts of first instance operate in each district, and each province has a Court of Appeal. None of these courts maintain official websites, and online case law research resources appear very limited.
Compliance with the CRC
While the Committee on the Rights of the Child in its 2005 Concluding Observations welcomed new legislative measures, including the Rights of the Child Act, it also expressed concerns “that the existing legislation in the State party does not fully reflect the principles and provisions of the Convention, e.g. regarding the definition of the child, family law and the administration of juvenile justice.” The Committee also noted that the role of the Higher Council for Maternal and Child Welfare, which has the principal task of coordinating the implementation of the Convention, is weak and functions poorly.
In depth analysis:
Despite the number of legal amendments, the Committee noted inconsistency concerning the definition of a child, including differences across gender for the minimum age of marriage. The Committee was in general deeply concerned at the persistence of discriminatory social attitudes against girls, minorities, children born out of wedlock, children with disabilities, street children, and children living in rural areas. Other worries were raised around the persistence of harmful local customs and traditions, including corporal punishment both in the home and the judicial system.
The Committee also flagged issues around birth registration, children in institutional care, and a high prevalence of physical and sexual abuse. The prevalence and acceptance of child labour was equally concerning, as were issues in the the education system including low school enrolment rates and poor quality teaching and working conditions. Lastly, despite some progress in establishing a juvenile justice system, the Committee criticised the low minimum age of criminal responsibility and other shortcomings in the government's response to children in conflict with the law.
Current legal reform projects
The Yemeni Government reports that it is now reviewing all laws on children with a view to bringing them into line with the Convention.