Legislation Details
- Full Title: Federal Law on Child Rights Law (Wadeema)
- Law Type: Federal Law
- Law Number: (3) of 2016
- Issued Date: 08 Mar 2016
- Effective Date: 15 Jun 2016
- Official Gazette: No. 593
- Sector: Family and Community
- Status: Active
- Number of Articles: 176
- Chapters/Parts: 12
- Amendments: 1
Summary
The Federal Law on Child Rights Law (Wadeema) comprehensively regulates the rights and protections of children in the United Arab Emirates. The law aims to ensure the best interests of the child are prioritized in all decisions and procedures, and that children are granted their fundamental rights without discrimination. It covers a wide range of areas including family rights, health rights, social rights, cultural rights, educational rights, and protection mechanisms. The law is significant for businesses and individuals in the UAE, as it imposes strict obligations and penalties for non-compliance in order to safeguard child welfare. (Federal Law No. (3) of 2016 on Child Rights Law (Wadeema), Art. 1-6)
What is the scope and purpose of this law?
The purpose of this law is to secure the child's rights and preserve their best interests by developing necessary policies and programs. This includes preserving the child's right to life, survival and growth, ensuring their right to social care and protection from violence and abuse, instilling human values, empowering families to fulfill their role in raising children, educating children about their rights, and engaging children in community life. The law applies to all children under the age of 18 in the UAE, without discrimination. (Federal Law No. (3) of 2016 on Child Rights Law (Wadeema), Art. 2-4)
What are the key definitions under this law?
- State: The United Arab Emirates
- Ministry: Ministry of Social Affairs
- Minister: Minister of Social Affairs
- Competent Authorities: Federal authorities concerned with child affairs
- Concerned Bodies: Local authorities concerned with child affairs
- Child: Each and every human being born alive and below 18 years of age
- Custodian: The person legally in charge of the child or who is entrusted with the child's custody
- Foster Family: The alternative family entrusted with the custody and care of the child
- Child Protection Specialist: The person licensed and assigned by the competent authority or the concerned bodies to preserve the child's rights and protect them
- Child Abuse: Each and every act or omission that would harm the child in a manner that prevents their upbringing and growth in a proper safe and healthy manner
- Child Neglect: Failure of parents or custodians to take the measures necessary for preserving the child's life and physical, psychological, mental and moral wellness
- Violence Against Child: The deliberate use of force against any child that inflicts actual harm to their health, growth or life
- Child's Best Interest: Making the child's interest above any consideration and of priority and preference in all conditions
- Child Pornography: Production, display, publication, acquisition or exchange of media depicting a child in a disgraceful sexual situation
(Federal Law No. (3) of 2016 on Child Rights Law (Wadeema), Art. 1)
What are the main obligations and requirements?
The law imposes several key obligations on the competent authorities and concerned bodies in the UAE, including:
- Developing policies and programs to preserve the child's right to life, survival, growth, and social care, and protect them from violence, neglect, exploitation and abuse (Art. 2(1-3))
- Instilling human values in children and promoting a culture of human fraternity (Art. 2(3))
- Educating and empowering families to fulfill their role in raising children with virtuous morals (Art. 2(4))
- Ensuring parents/custodians fulfill their responsibilities toward the child and protect them from abuse and neglect (Art. 2(5))
- Educating children about their rights in an age-appropriate manner (Art. 2(6))
- Engaging children in community life activities according to their age and abilities (Art. 2(7))
(Federal Law No. (3) of 2016 on Child Rights Law (Wadeema), Art. 2)
What rights and protections does this law provide?
The law grants children in the UAE a comprehensive set of rights, including:
- The right to life, safety, and growth (Art. 7)
- The right to have a name, be registered at birth, and obtain nationality (Art. 8-10)
- The right to be traced back to their legal parents (Art. 11)
- The right to freely express their opinions (Art. 12)
- The right to be protected from arbitrary intervention, illegal procedures, and child pornography (Art. 13)
- The right to be protected from economic exploitation and hazardous employment (Art. 14)
- The right to family safety, care, custody, and personal relations with parents (Art. 15-17)
- The right to receive health services and be protected from health risks (Art. 18-21)
(Federal Law No. (3) of 2016 on Child Rights Law (Wadeema), Ch. 2-4)
Which authorities or bodies are responsible for enforcement?
The law designates several authorities and bodies responsible for implementing and enforcing its provisions:
- The Ministry of Social Affairs and the Minister of Social Affairs are responsible for developing policies and programs to secure children's rights (Art. 2, 6)
- Federal authorities and local authorities concerned with child affairs are tasked with implementing the policies and programs (Art. 6)
- Child protection specialists licensed and assigned by the competent authorities are responsible for preserving children's rights and protecting them (Art. 1)
(Federal Law No. (3) of 2016 on Child Rights Law (Wadeema), Art. 1, 2, 6)
What are the penalties for non-compliance?
The law specifies the following penalties for violations:
- Imprisonment for a period not exceeding 1 year and/or a fine not exceeding AED 100,000 for selling or attempting to sell tobacco or its products to a child (Art. 21(1))
- Imprisonment for a period not exceeding 6 months and/or a fine not exceeding AED 50,000 for smoking in public or private transportation in the presence of a child (Art. 21(2))
- Imprisonment for a period not exceeding 1 year and/or a fine not exceeding AED 100,000 for selling or attempting to sell intoxicants or other substances endangering a child's health to a child (Art. 21(3))
- Imprisonment for a period not exceeding 1 year and/or a fine not exceeding AED 100,000 for importing or trading in substances violating specifications for children's products (Art. 21(4))
(Federal Law No. (3) of 2016 on Child Rights Law (Wadeema), Art. 21)
When did this law come into effect?
The Federal Law on Child Rights Law (Wadeema) was issued on 08 March 2016 and came into effect on 15 June 2016, as published in the Official Gazette No. 593. (Federal Law No. (3) of 2016 on Child Rights Law (Wadeema))
Source Documents
This article analyses Federal Law on Child Rights Law (Wadeema) 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.