Emphasizing the child protection law UAE and the rights of children, the UAE aligns with international standards. It was among the first countries in the Middle East to sign the United Nations Convention on Child Protection. Various existing laws in the UAE address children’s rights, ensuring their effective implementation.
In the year 2016, the government of UAE also enforced a new law known as Federal Law No.3 The Children’s rights in 2-16: It Concerning The Rights Of Children; This law has about 75 articles that set out general and specific legal provisions on the protection of the rights of each child. If you need professional help to navigate through this law, feel free to contact legal experts at Khairallah Law Firm.
Exploring Fundamental Rights under the Child Protection Law UAE
The new law, under UAE child protection law, grants a child the right to establish a formal relationship with their legal parents. Additionally, from birth, the child is entitled to a name. This name must uphold the child’s dignity and respect religious principles and customs, avoiding any implications of disgrace or insult.
After being born, legal documentation for birth and nationality, as well as other identification records should be provided. “Otherwise,… whoever fails shall be punished by imprisonment for no less than three months, or a fine of no less than 5,000 (fifteen thousand) Dirhams”, as stipulated in article 60. Article 13: No child shall be subjected to arbitrary or unlawful interference with their privacy, family, home, or correspondence nor to unlawful attacks on their honor and reputation.
Understanding the Law and Its Preamble
According to the child protection law UAE, a child is defined as any human being who has not completed eighteen years of age 2. The UAE authorities shall work to achieve the following objectives for every child in accordance with this law: secure childhood, development and freedom as well as ensuring protection from all kinds of abuse or negligence. Article 3 also provides for the protection of children from discrimination on grounds of race, ethnicity, religion, or disability.
Article 4 emphasizes that the protection of a child and the child’s interests must take priority in all decisions and procedures concerning the child.
Furthermore, the law aims to collaborate with other UAE laws to establish a robust legal framework regulating the rights of children. This framework encompasses various laws, including the Criminal, Cyber, Juvenile, Employment, and Personal Status Laws, some of which are discussed below.
Family Rights
The Personal Status Law No. 28 of 2005 actively regulates all matters concerning the management of minors’ funds, marriage, and divorce, with a strong emphasis on protecting the rights of children involved in such contexts.
Derived from Islamic Sharia principles, the Personal Status Law applies to UAE nationals and residents. However, non-Muslims have the option to apply different rules in special cases based on their religion or the laws of their home country.
In the UAE, there are specialized courts and judges with adequate expertise to handle such matters. Certain disputes undergo an initial review by a special committee with the aim of settling them amicably. If these efforts fail, the disputes are then referred to the court for resolution.
Under Article 15, the custodian will assume responsibility for raising, caring, guiding, and developing the child within a coherent and cooperative family, ensuring the child’s safety and well-being, thus upholding the children’s rights.
Health Rights
Article 18 entitles the child to receive health services as per the child protection law UAE.
Furthermore, Article 21 of the Child Protection Law UAE, prohibits selling tobacco or tobacco products to children, smoking in private or public transportation or indoor places in the presence of a child, selling alcohol to children, or importing or trading in materials that do not meet approved specifications for nutrition, food supplies, health, or hormonal supplements, etc.
Ensuring Social Rights under the Child Protection Law UAE
Under Article 22, the State should provide children in Dubai with a standard of living sufficient for their physical, mental, psychological, and social development.
Furthermore, suppose a child lacks a natural family, whether temporarily or permanently. In that case, they have the right to receive care from a foster family or private or public social welfare institutions, as outlined in Article 24. These rights of the child are without prejudice to the Laws on Personal Status and on Children of Unknown Parentage.
Cultural Rights
Article 25 of the Child Protection Law UAE entitles the child to participate in recreational, cultural, artistic, and scientific programs to acquire knowledge, innovation, and means of creativity.
However, these programs must suit their age and adhere to public morals and order.
Additionally, Article 26 of the Child Protection Law UAE prohibits games that stimulate a child’s sexual instinct or promote behavior contrary to public order or morals, or abnormal behavior.
Safeguarding Children: Exploring the Right to Protection under the Child Protection Law UAE
Article 34. —(1) It shall be prohibited to endanger the mental, psychological or physical and moral integrity of children, including the abandonment of a child by his custodian or rejection of a child without lawful reason in an institution at his care. Clause number 35 also states that the custodian will not allow the child to be exposed to any form of rejection, homelessness, and neglect. Thus it gives protection over children’s rights.
In addition to this, physical abuse in the form of habitual child abuse or threats as well as exploitation, sexual assault or exposure, kidnapping and selling would be detrimental to the integrity – physical mental psychological, moral etc. of the child and thus needs protection under Article 33.
Conclusion
Federal Law No.3 (2016) is one of several comprehensive legislation that attempts to guarantee the well-being and rights of children through its Child Protection Law in UAE. It ensures that the child has right-so healthcare, to grow up in a nurturing life and environment
That he is safeguarded against any kind of abuse. “It highlights the country’s determination to ensure that every child is safe and secure,” she added. For any kind of legal help concerning children and child protection, you may reach the esteemed team of experts at Khairallah Advocates & Legal Consultants (the Best Lawyers in Dubai).
You can benefit from the free consultation for 30-min, and get the help you need from the best lawyers in Dubai, whether you’re in the region or not!
This blog post highlights the Child Protection Law UAE, a crucial step towards ensuring the well-being of children in the Emirates. The UAE’s commitment to international standards on child welfare is commendable, especially considering their pioneering role in the region.