Legislation Details
- Full Title: Cabinet Resolution Concerning the Executive Regulations of the Federal Decree-Law Concerning Children of Unknown Parentage
- Law Type: Federal Decree-Law
- Law Number: Cabinet Resolution No. (54) of 2024
- Issued Date: 03 Jun 2024
- Effective Date: 03 Jun 2024
- Official Gazette: No. 776
- Sector: Family and Community
- Status: Active
- Number of Articles: 47
- Chapters/Parts: 0
- Amendments: 0
Summary
This Cabinet Resolution establishes the executive regulations for the Federal Decree-Law Concerning Children of Unknown Parentage. The law regulates the procedures and controls for handling children found without known parents, including their identification, naming, obtaining official documents, and placement in custodial families. (Cabinet Resolution Concerning the Executive Regulations of the Federal Decree-Law Concerning Children of Unknown Parentage, 2024) The practical impact of this legislation is to provide a comprehensive framework for protecting and supporting children of unknown parentage in the UAE. It ensures these vulnerable children receive proper care, documentation, and integration into Emirati society through a custodial family system. This benefits both the children and the broader community by upholding the rights and welfare of all individuals. (Cabinet Resolution Concerning the Executive Regulations of the Federal Decree-Law Concerning Children of Unknown Parentage, 2024)
What is the scope and purpose of this law?
The scope of this Cabinet Resolution is to establish the executive regulations for implementing the Federal Decree-Law Concerning Children of Unknown Parentage. It applies to all children found in the UAE without known parents and outlines the procedures and controls for handling such cases. (Cabinet Resolution Concerning the Executive Regulations of the Federal Decree-Law Concerning Children of Unknown Parentage, 2024, Art. 1-2) The purpose of the law is to provide a comprehensive system for identifying, documenting, and integrating children of unknown parentage into Emirati society through placement in custodial families. It aims to protect the rights and welfare of these vulnerable children and ensure they receive proper care and support. (Cabinet Resolution Concerning the Executive Regulations of the Federal Decree-Law Concerning Children of Unknown Parentage, 2024, Art. 1-2)
What are the key definitions under this law?
The Cabinet Resolution provides the following key definitions:
- Neglect: Failure to take necessary measures to preserve the life, physical, psychological, mental, or moral integrity of a child of unknown parentage, and to protect their various rights. (Cabinet Resolution Concerning the Executive Regulations of the Federal Decree-Law Concerning Children of Unknown Parentage, 2024, Art. 1)
- Violence: The intentional use of force against a child of unknown parentage that may lead to actual harm to their health, development, or survival. (Cabinet Resolution Concerning the Executive Regulations of the Federal Decree-Law Concerning Children of Unknown Parentage, 2024, Art. 1)
- Maltreatment: Any statement, action, or inaction that may harm, insult, or intimidate a child of unknown parentage, preventing them from being raised and growing in a sound, safe, and healthy manner. (Cabinet Resolution Concerning the Executive Regulations of the Federal Decree-Law Concerning Children of Unknown Parentage, 2024, Art. 1)
- Registry: The electronic record established in the Ministry in accordance with the provisions of Article (20) of the Decree-Law. (Cabinet Resolution Concerning the Executive Regulations of the Federal Decree-Law Concerning Children of Unknown Parentage, 2024, Art. 1)
- Decree-Law: Federal Decree-Law No. (24) of 2022 regarding Children of Unknown Parentage. (Cabinet Resolution Concerning the Executive Regulations of the Federal Decree-Law Concerning Children of Unknown Parentage, 2024, Art. 1)
What are the main obligations and requirements?
The Cabinet Resolution imposes the following key obligations: 1. The competent police station must immediately transfer a found child to the nearest health facility, conduct investigations, collect DNA samples, and notify the relevant authorities. (Cabinet Resolution Concerning the Executive Regulations of the Federal Decree-Law Concerning Children of Unknown Parentage, 2024, Art. 2(1)) 2. The health facility must receive the child, provide medical care, estimate the child's age, and issue a birth notification. (Cabinet Resolution Concerning the Executive Regulations of the Federal Decree-Law Concerning Children of Unknown Parentage, 2024, Art. 2(2)) 3. The public prosecution must take investigative measures, issue a decision to refer the child to the ministry or local authority, and provide a report on the incident. (Cabinet Resolution Concerning the Executive Regulations of the Federal Decree-Law Concerning Children of Unknown Parentage, 2024, Art. 2(3)) 4. The ministry or local authority must choose a full name for the child that does not indicate their unknown parentage. (Cabinet Resolution Concerning the Executive Regulations of the Federal Decree-Law Concerning Children of Unknown Parentage, 2024, Art. 3) 5. The ministry or local authority must obtain official documents for the child, including a naming certificate, birth certificate, health card, and identity card. (Cabinet Resolution Concerning the Executive Regulations of the Federal Decree-Law Concerning Children of Unknown Parentage, 2024, Art. 4)
What licensing, registration, or approval requirements exist?
The legislation does not specify any licensing, registration, or approval requirements for individuals or entities under this law.
What rights and protections does this law provide?
The Cabinet Resolution provides the following rights and protections for children of unknown parentage: 1. The child's name must not indicate their unknown parentage or be derogatory or insulting to their dignity. (Cabinet Resolution Concerning the Executive Regulations of the Federal Decree-Law Concerning Children of Unknown Parentage, 2024, Art. 3) 2. The child must be provided with official documents, including a birth certificate, health card, and identity card. (Cabinet Resolution Concerning the Executive Regulations of the Federal Decree-Law Concerning Children of Unknown Parentage, 2024, Art. 4) 3. If the child is exposed to violence, abuse, or neglect, the authorities must investigate the incident and take appropriate measures, including notifying the public prosecutor. (Cabinet Resolution Concerning the Executive Regulations of the Federal Decree-Law Concerning Children of Unknown Parentage, 2024, Art. 5) 4. The child has the right to be gradually informed of their social reality under the supervision of the ministry or local authority. (Cabinet Resolution Concerning the Executive Regulations of the Federal Decree-Law Concerning Children of Unknown Parentage, 2024, Art. 10)
Which authorities or bodies are responsible for enforcement?
The Cabinet Resolution establishes the following authorities and bodies responsible for implementing and enforcing the law: 1. The competent police station, which is responsible for initial actions when a child is found. (Cabinet Resolution Concerning the Executive Regulations of the Federal Decree-Law Concerning Children of Unknown Parentage, 2024, Art. 2(1)) 2. The health facility, which must provide medical care and issue a birth notification for the child. (Cabinet Resolution Concerning the Executive Regulations of the Federal Decree-Law Concerning Children of Unknown Parentage, 2024, Art. 2(2)) 3. The public prosecution, which must take investigative measures and issue decisions regarding the child. (Cabinet Resolution Concerning the Executive Regulations of the Federal Decree-Law Concerning Children of Unknown Parentage, 2024, Art. 2(3)) 4. The ministry or local authority, which is responsible for choosing the child's name, obtaining official documents, and overseeing the child's placement in a custodial family. (Cabinet Resolution Concerning the Executive Regulations of the Federal Decree-Law Concerning Children of Unknown Parentage, 2024, Art. 3-4, 10) 5. The Custodial Families Committee, which includes representatives from various government entities and is responsible for custody-related matters. (Cabinet Resolution Concerning the Executive Regulations of the Federal Decree-Law Concerning Children of Unknown Parentage, 2024, Art. 6)
What are the penalties for non-compliance?
The Cabinet Resolution does not specify any penalties for non-compliance with its provisions.
What fees, charges, or financial provisions are specified?
The legislation does not mention any fees, charges, or financial provisions related to the implementation of this law.
What exemptions or exceptions apply?
The Cabinet Resolution does not provide any exemptions or exceptions from its requirements.
How are disputes resolved under this law?
The legislation does not specify any dispute resolution mechanisms under this law.
What are the key deadlines and time limits?
The Cabinet Resolution establishes the following key deadlines and time limits: 1. The police station must notify the relevant authorities within 24 hours of receiving a report that a child has been found. (Cabinet Resolution Concerning the Executive Regulations of the Federal Decree-Law Concerning Children of Unknown Parentage, 2024, Art. 2(1)(c)) 2. The police station must refer the report and related documents to the public prosecution within one month of receiving the report. (Cabinet Resolution Concerning the Executive Regulations of the Federal Decree-Law Concerning Children of Unknown Parentage, 2024, Art. 2(1)(e)) 3. The public prosecution must submit the report on the incident to the ministry or local authority within six months of being notified by the police station. (Cabinet Resolution Concerning the Executive Regulations of the Federal Decree-Law Concerning Children of Unknown Parentage, 2024, Art. 2(3)(c)) 4. The ministry or local authority must submit a request to the competent court to issue a child naming certificate within 10 working days of adopting the full name. (Cabinet Resolution Concerning the Executive Regulations of the Federal Decree-Law Concerning Children of Unknown Parentage, 2024, Art. 4(2)) 5. The ministry or local authority must submit requests to obtain the child's birth certificate, health card, and other documents within 10 working days of the child naming certificate being issued. (Cabinet Resolution Concerning the Executive Regulations of the Federal Decree-Law Concerning Children of Unknown Parentage, 2024, Art. 4(3))
How does this law interact with other UAE legislation?
The Cabinet Resolution references the following related legislation: 1. Federal Decree-Law No. (24) of 2022 Concerning Children of Unknown Parentage, which this Resolution is issued to implement. (Cabinet Resolution Concerning the Executive Regulations of the Federal Decree-Law Concerning Children of Unknown Parentage, 2024, Preamble) 2. Federal Law No. (1) of 1972, Concerning the Competences of Ministries and the Powers of Ministers, and amendments thereto. (Cabinet Resolution Concerning the Executive Regulations of the Federal Decree-Law Concerning Children of Unknown Parentage, 2024, Preamble) The Resolution does not mention any laws that it repeals or amends.
When did this law come into effect?
The Cabinet Resolution Concerning the Executive Regulations of the Federal Decree-Law Concerning Children of Unknown Parentage was issued on 03 June 2024 and came into effect on the same date. (Cabinet Resolution Concerning the Executive Regulations of the Federal Decree-Law Concerning Children of Unknown Parentage, 2024, Issued Date and Effective Date)
Source Documents
This article analyses Cabinet Resolution Concerning the Executive Regulations of the Federal Decree-Law Concerning Children of Unknown Parentage for legal research and educational purposes. For the purpose of interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text prevails. This does not constitute legal advice.