Published in: Khaleej Times
While UAE law does not punish parents for crimes committed by their children, there are circumstances where mothers and fathers can face both civil and criminal liability for their children's actions.
When minors cause harm, parents assume that because their child is young they cannot be held accountable. However, legal experts say the reality is more complex.
While UAE law does not punish parents for crimes committed by their children, there are circumstances where mothers and fathers can face both civil and criminal liability for their children's actions.
Asma Siddiqui, senior associate at BSA LAW, explains that criminal liability applies only when a parent's own conduct constitutes an offence, such as neglect, exposing the child to danger, inciting delinquency, or failing to comply with required rehabilitation measures.
Civil liability, meanwhile, concerns financial compensation for harm caused by the child. As per the UAE Civil Transactions Law, a parent, guardian, or custodian responsible for supervising a minor may be liable for damage caused by the child.
However, liability is not automatic. Parents can defend themselves by proving they exercised necessary care or that the harm would have occurred even with proper supervision.
Dr Hasan Elhais, legal consultant at Amal Al Rashedi Lawyers and Legal Consultants, points to a recent case that illustrates this distinction. A civil court in Al Ain ordered the guardian of a minor to pay Dh3,000 in compensation to a young man threatened by a minor on Snapchat. Legal experts told Khaleej Times that while the case was settled at the civil compensation level, it underscores the accountability of parents in cases involving minors.
Criminal responsibility
Under the UAE Federal Law, a child who has not reached the age of 12 at the time of an act is not criminally liable. The public prosecution may, however, order appropriate administrative measures where necessary, including judicial probation, electronic surveillance, community service, or placement in a juvenile association.
But Asma notes that the fact that a child is not held criminally liable does not mean victims lose their right to compensation. "A victim may pursue civil compensation from the parent, guardian or custodian responsible for supervising the child," she said.
The consequences depend on the legal basis for liability. Civil liability generally results in an obligation to compensate the victim. Child-protection violations — such as neglect, failure to supervise, or exposing a child to danger — can result in imprisonment or a fine of not less than Dh5,000.
Serious cases may carry harsher penalties. A federal law states that inciting or helping a juvenile to commit delinquency can lead to imprisonment and fines of no less than Dh50,000. For expatriates, deportation may also apply where a foreign national is convicted of an offence for which deportation is ordered under the UAE Penal Code.
Last month, parents of two girls who were suspected to be involved in the death of a toddler in Sharjah were arrested for the acts of the girls and were later released on bail. An investigation into the issue is ongoing.
Legal defences for parents
Both experts agree that parents have key defences. Dr Hassan explains that under Article 265 of the Civil Transactions Law, parents can avoid civil liability by proving they fulfilled their supervision duty with necessary care or that the harm would have occurred even with proper supervision.
Criminally, the defence is simpler: parents cannot be convicted for another person's crime. UAE law rejects conviction for a crime committed by another person.
To meet their legal duty of supervision, Dr Hassan and Asma have the following advice for parents:
- Exercise effective and consistent supervision appropriate to the child's age.
- Monitor children's use of the internet, social media, and video games, making them aware of legal and ethical risks.
- Monitor behaviour both in and out of school.
- Prevent access to tools or materials that may cause harm to others.
- Intervene early at the first signs of aggressive behaviour.
- Keep records demonstrating that they have fulfilled their duty of supervision and care.
"Keeping simple records of the precautions taken can be useful in demonstrating that reasonable care and supervision were exercised if any dispute or legal issue arises," Asma advised.
She said the UAE's legal framework is designed to protect both children and the wider community, with parents playing the primary role. "The law is strict, but it is also protective," she said. "It is not just about punishing the offender. It is also about making sure victims feel protected and compensated for the harm they suffer, even if the perpetrator is a minor."
Related Links
