Legislation Details
- Full Title: Federal Decree by Law Concerning Compulsory Education
- Law Type: Federal Decree-Law
- Law Number: (39) of 2022
- Issued Date: 03 Oct 2022
- Effective Date: 02 Jan 2023
- Official Gazette: No. 737
- Sector: Education
- Status: Active
- Number of Articles: 24
- Chapters/Parts: 0
- Amendments: 0
Summary
The Federal Decree-Law Concerning Compulsory Education regulates the right to education and the compulsory nature of schooling in the United Arab Emirates. It establishes the obligations of child caregivers to enroll and ensure the regular attendance of children in educational institutions, as well as the penalties for non-compliance. The law aims to guarantee access to education for all citizens and residents, contributing to the development of human capital in the UAE. It is a significant piece of legislation that impacts families, schools, and the education sector as a whole. (Federal Decree by Law Concerning Compulsory Education, 2022, Art. 1-11)
What is the scope and purpose of this law?
The Federal Decree-Law Concerning Compulsory Education applies to child caregivers in the United Arab Emirates. Its purpose is to regulate the right to education and make education compulsory for citizens and residents in the country. The law establishes the obligations of child caregivers to enroll children in educational institutions and ensure their regular attendance, as well as the penalties for non-compliance. (Federal Decree by Law Concerning Compulsory Education, 2022, Art. 2-4)
What are the key definitions under this law?
The law provides the following key definitions:
- State: The United Arab Emirates
- Ministry: Ministry of Education
- Minister: Minister of Education
- Educational Authorities: Federal or local government authorities responsible for education affairs
- Child: Every person born alive who has not completed eighteen (18) years of age
- Child Caregiver: The person legally responsible for the child, or the person entrusted with their care by a court judgment
- Citizen: Anyone who holds the nationality of the UAE
- Resident: Anyone who holds a valid residence permit in the UAE
(Federal Decree by Law Concerning Compulsory Education, 2022, Art. 1)
What are the main obligations and requirements?
The main obligations under this law are: 1. Child caregivers must enroll the child in education as soon as they reach the appropriate age, at the beginning of the school year, and maintain their continuity and regularity in school. (Federal Decree by Law Concerning Compulsory Education, 2022, Art. 5(1)) 2. Child caregivers must provide the valid identification documents required to enroll the child in school education institutions. (Federal Decree by Law Concerning Compulsory Education, 2022, Art. 5(2)) 3. Child caregivers must follow up on the academic achievement and behavioral performance of the child, and contribute positively to raising the level of learning outputs. (Federal Decree by Law Concerning Compulsory Education, 2022, Art. 5(3)) 4. Child caregivers must enroll disabled children in school education, in accordance with the assessment and diagnosis report of the child's condition, and follow up on the implementation of the educational plan and the academic performance of the child. (Federal Decree by Law Concerning Compulsory Education, 2022, Art. 5(4))
What are the compulsory education requirements?
The law establishes the following compulsory education requirements: 1. Education for citizens is compulsory from the primary stage until the end of school education. (Federal Decree by Law Concerning Compulsory Education, 2022, Art. 4(1)) 2. Education for non-citizens is compulsory until the end of the primary stage. (Federal Decree by Law Concerning Compulsory Education, 2022, Art. 4(1)) 3. The Executive Regulation of the law will specify the educational system for all stages of school education, its types and levels of study, and the controls necessary for the child's enrollment and transition from one stage to another. (Federal Decree by Law Concerning Compulsory Education, 2022, Art. 4(2)) 4. The compulsion of education is borne by the child caregiver. (Federal Decree by Law Concerning Compulsory Education, 2022, Art. 4(3))
What exemptions or exceptions apply?
The law provides the following exemptions from the requirement to enroll a child in education: 1. If the child has a disease or disability that prevents them from studying, as proven by a medical report approved by a licensed health facility in the UAE. (Federal Decree by Law Concerning Compulsory Education, 2022, Art. 6(1)(a)) 2. If an event occurs that prevents the child or the child caregiver from enrolling the child in an educational institution or completing their education. (Federal Decree by Law Concerning Compulsory Education, 2022, Art. 6(1)(b)) 3. If the child is separated from the family book with any of the educational institutions. (Federal Decree by Law Concerning Compulsory Education, 2022, Art. 6(1)(c)) 4. Any other cases determined by a resolution issued by the Minister in coordination with the Educational Authorities. (Federal Decree by Law Concerning Compulsory Education, 2022, Art. 6(1)(d)) The Executive Regulation will specify the exemption controls related to the events and separation from the family book. (Federal Decree by Law Concerning Compulsory Education, 2022, Art. 6(2))
What are the penalties for non-compliance?
The law imposes the following penalties for non-compliance: 1. The child caregiver who, after being warned, fails to enroll the child in education shall be punished with imprisonment and/or a fine not less than 2,000 AED and not exceeding 50,000 AED. (Federal Decree by Law Concerning Compulsory Education, 2022, Art. 8(1)) 2. The competent court shall also obligate the child caregiver to enroll the child in education during the period specified by the court. (Federal Decree by Law Concerning Compulsory Education, 2022, Art. 8(2)) 3. The fine shall be doubled if the child caregiver fails to enroll the child within the period specified by the competent court. (Federal Decree by Law Concerning Compulsory Education, 2022, Art. 8(3))
Which authorities or bodies are responsible for enforcement?
The key authorities responsible for enforcement under this law are: 1. The Ministry of Education, which is responsible for issuing warnings to child caregivers who fail to enroll children in school or abide by the compulsory education period. (Federal Decree by Law Concerning Compulsory Education, 2022, Art. 7(1)) 2. The Educational Authorities, which are responsible for notifying the Ministry of Education of any violations by child caregivers. (Federal Decree by Law Concerning Compulsory Education, 2022, Art. 7(3)) 3. The Public Prosecution, which must be notified by the Ministry or Educational Authorities if the violation continues for more than 10 working days after the written warning. (Federal Decree by Law Concerning Compulsory Education, 2022, Art. 7(2))
How does this law interact with other UAE legislation?
The Federal Decree-Law Concerning Compulsory Education repeals the previous Federal Law No. (11) of 1972 Concerning Compulsory Education, as well as any provision that violates or contradicts its provisions. (Federal Decree by Law Concerning Compulsory Education, 2022, Art. 10(1)) The law also references several other relevant UAE federal laws, including: - Federal Law No. (1) of 1972 Concerning the Competences of Ministries and the Powers of Ministers - Federal Law No. (17) of 1972 Concerning Citizenship and Passports - Federal Law No. (35) of 1992 Promulgating the Criminal Procedure Code - Federal Law No. (29) of 2006 Concerning the Rights of Disabled Persons - Federal Law No. (3) of 2016 Concerning the Child Rights Law "Wadeema Law" - Federal Law by Decree No. (15) of 2016 Establishing the Emirates Schools Establishment - Federal Law by Decree No. (18) of 2020 Concerning Private Education - Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law (Federal Decree by Law Concerning Compulsory Education, 2022, Preamble)
When did this law come into effect?
The Federal Decree-Law Concerning Compulsory Education was published in the Official Gazette No. 737 and entered into force on 2 January 2023. (Federal Decree by Law Concerning Compulsory Education, 2022, Art. 11)
Source Documents
This article analyses Federal Decree by Law Concerning Compulsory Education 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.