Parents are made to be the natural custodian of a child upon his birth, and in cases where parents are not fit to take custody, it may be given to the close relatives of the child, or a person competent to be a custodian in the eyes of law. But there may be cases when those entrusted to take care of a child are themselves the perpetrators of neglect towards the child. The UAE laws are very strict when it comes to the protection of children, and have laid down penalties if it is found that a child has been subject to neglect by his custodian.
Is there any law defining child neglect and the consequences thereof, in the UAE?
The most comprehensive piece of legislation on children’s rights, Federal Law No. 3 of 2016 On Child’s Rights, also known as Wadeema’s Law, defines child neglect. Accordingly, it means failure of the parents or one in charge of custody of the child to take the required actions for protection of life, physical, mental and moral integrity of the child, his rights as well as protection from risks.
What are the duties of a custodian under Wadeema’s Law?
As per Article 15 of the Law on Child’s Rights, it is the responsibility of the child’s parents, or their equivalents, and the custodian, to provide the child with the requirements of family safety within a coherent and cooperative environment. Further, it is the duty of the custodian to undertake all measures to raise, care for, guide and develop the child in the best possible way.
Which provisions afford protection to the child from neglect?
Article 33(2) of Wadeema’s Law states that exposure of a child to neglect, rejection or homelessness is considered a threat to his/her physical, psychological, moral and mental integrity. Therefore, the child needs to be protected from such acts at all costs.
Accordingly, Article 34 of Wadeema’s Law prohibits a custodian from:
- abandoning a child
- leaving him/her at a care home without reasonable justification
- rejecting him, or
- abstaining from handling his/her affairs or from treating him/her in case of illness.
On a similar note, Article 35 states that a custodian is prohibited from exposing a child to rejection, neglect or homelessness, leaving him/her without supervision, refraining from handling his affairs, or not providing him/her with education during the mandatory ages, without reason.
Additionally, Article 2(2) of the law mandates the concerned authorities to protect a child from all forms of neglect, abuse and exploitation, and any physical or psychological violence exceeding the limits laid down by Sharia or other laws in the country.
In cases of violation of duties, will the custodian be liable to any punishment under Wadeema’s Law?
If a custodian does not adhere to the duties under Wadeema’s Law, the punishment prescribed, as under Article 60, is imprisonment or a fine of at least 5,000 dirhams.
Are there any safeguards for children who have been the victim of neglect by their custodian?
Wadeema’s Law calls for the appointment of a child protection specialist, licensed by the relevant authorities, who will endeavor to protect the children covered under this law, and preserve their rights. Subsequently, children who have been subject to abuse, neglect or exploitation under Article 33 of this law will be put under therapy, initiated by the specialist. This is as per Article 40(2) of the law.
Moreover, following Article 51, if the acts mentioned under Articles 33, 34 and 35 pose a threat to the child’s physical health or moral integrity in such a way that it cannot be avoided over time, the same shall be considered as significant harm or imminent danger. Consequently, the child protection specialist will take the child out of the existing place and move him/her to a safe place under his personal liability, and may also refer the matter to public authorities. The specialist is required to obtain a judicial order in this regard, within 24 hours of taking the child.
Legal Update:
The above information might not apply if both parties are non-muslim. Starting from the 1st of February 2023, UAE issued specific family law to be applied between non-muslim expatriate residents in case none of them wanted to apply his/her home country's law in the UAE. To know more information about this law, please feel free to click this link.
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