قانون الأسرة في الإماراتقانون اتحادي بشأن قانون حقوق الطفل "وديمة"

Article (3) This Law shall ensure granting the child all the rights determined thereunder and under other legislation in force in the State and protecting him without discrimination due to his race, gender, country, religion, social status or disability.

Article (5) The child's privacy shall be respected in accordance with the public order and morals together with taking into account the rights and responsibilities the legal custodian.

Article (6) The responsible concerned bodies shall implement the policies and programs developed by the competent authorities in all fields relevant to the child. Chapter Two Basic Rights

Article (7) 1. The child shall have the right to life and safety. 2. The State shall ensure the child's growth, development and protection in accordance with the Law.

Article (8) The child shall be entitled, since his birth, to have a name not involving contempt or prejudice to his dignity or contradicting with the religious beliefs and customs.

-- 5 of 24 --

Federal Law of 2016 On Child Rights Law (Wadeema) 6

Article (9) The child shall be immediately registered in the birth register immediately after his birth in accordance with the legal system determined in this regard.

Article (10) The child shall have a nationality in accordance with the provisions of the laws in force in the State.

Article (11) 1. The child shall be entitled to be traced back to his legal parents in accordance with the laws in force in the State. 2. The child's parents or legal guardians shall extract the papers that prove the child's birth, nationality in addition to all of the other identification papers in accordance with the laws in force in the State.

Article (12) 1. The child shall be entitled to express his opinions freely pursuant to his age and maturity in consistency with the public order and morals and the laws in force in the State. 2. The child shall be provided with the opportunity necessary to express his opinion with respect to the measures taken in his regard in accordance with the laws in force.

Article (13) The child may not be exposed to any arbitrary intervention or illegal procedure in his life, family, home or correspondence. In addition, neither the child's honor nor reputation may be prejudiced. The State shall ensure child protection from all child pornography in accordance with the legislation in force.

-- 6 of 24 --

Federal Law of 2016 On Child Rights Law (Wadeema) 7

Article (14) The competent authorities and concerned bodies shall: 1. Prohibit employment of children prior to reaching 15 years of age; and 2. Prohibit the economic exploitation and recruitment in any works that expose children to danger, whether by virtue of their nature or for the circumstance of performance thereof. The Executive Regulations of the Law and the Labor Law regulate the conditions and bases of child employment. Chapter Three Family Rights

Article (15) 1. The child’s parents or custodians shall provide him with the requirements of family safety with the atmosphere of a family with strong and close relations. 2. The child's custodian shall be entrusted with the responsibilities and duties vested in him with respect to educating, protecting, guiding and upbringing the child in the best way.

Article (16) Subject to the laws in force, the child shall be entitled to be introduced to his natural family and parents and receive their care and to have personal relations and direct contact with both of them.

Article (17) The child shall be entitled to custody, feeding, alimony and protecting himself, body, religion and property in accordance with the laws in force in the state.

-- 7 of 24 --

Federal Law of 2016 On Child Rights Law (Wadeema) 8 Chapter Four Health Rights

Article (18) The child shall be entitled to receive health services in accordance with the laws and regulations of health care in force in the State.

Article (19) The State shall develop it capabilities in the field of protective, therapeutic and psychological health care and health guidance relevant to child health, nutrition and protection.

Article (21) No person may: 1. Sell or attempt to sell tobacco or its products to a child. The seller shall be entitled to request from the buyer to provide a proof of reaching 18 years of age. 2. Smoke in public and private means of transportation and indoors in case of the presence of a child. 3. Sell or attempt to sell intoxicants to a child in addition to any other substances that endangers his health which are determined under a Cabinet Resolution. 4. Import or trade in substances violating the specifications approved in the State for children's food, accessories, food or health or hormonal supplements, or toys. Chapter Five Social Rights

Article (22) The State shall provide a standard of living appropriate for the physical, mental, psychological and social growth of the child in accordance with the laws in force.

Article (23) Children who neither have a competent sustainer nor a source of income shall be entitled to receive the State's aid in accordance with the laws in force.

-- 9 of 24 --

Federal Law of 2016 On Child Rights Law (Wadeema) 10

Article (24) Subject to the laws of personal status and children of unknown parentage, the child who is permanently or temporary deprived of his natural family environment shall be entitled to alternative care through: 1. A foster family. 2. Public or private social care institutions in case of the lack of a foster family. Chapter Six Cultural Rights

Article (25) The child shall be entitled to acquire knowledge and means of innovation and creation. To this end, the child may participate in recreational, cultural, artistic and scientific programs that consistent with his age and the public order and morals. The competent authorities and concerned bodies shall develop the programs necessary for this purpose.

Article (26) The publication, display, trading, possession or production of any visual, audio or printed work or games intended for children that arouse the child's sexual instincts or urge him to commit the behaviors violating the public order and morals or encourage on deviance.

Article (27) It is prohibited to bring children into, or facilitate their entry into the places specified by the Executive Regulations of this Law. It is also prohibited to bring children into or facilitate their entry into other places in violation of the controls set by the Executive Regulations for entry into some other places.

Article (28) The managers of cinemas displaying movies and TV channels and the other similar places referred to in the preceding Paragraph shall announce prohibition of children's entrance in a

-- 10 of 24 --

Federal Law of 2016 On Child Rights Law (Wadeema) 11 prominent place in accordance with the provisions of the Executive Regulations hereof and the other regulations in force.

Article (29) Communications companies and internet providers shall notify the competent authorities or concerned bodies of any child pornography exchanged through websites. The same shall also provide necessary information and data on the persons, bodies or websites that exchange such materials or intend to mislead children.

Article (30) The State shall establish councils, associations, clubs and centers for children that are competent with developing the children's cultural, artistic, scientific, physical and other aspects. Chapter Seven Educational Rights

Article (31) Each and every child shall be entitled to education. In addition, the State shall attempt to achieve equality of opportunities available to all children in accordance with the laws in force.

Article (34) The child's mental, psychological, physical or ethical safety may not be prejudiced whether by abandonment by the custodian or leaving him in a care facility or institution without a valid reason, rejecting the child by the custodian or refraining from treating him and taking care of his affairs.

-- 12 of 24 --

Federal Law of 2016 On Child Rights Law (Wadeema) 13

Article (35) The child's custodian may neither expose him to abandonment, displacement or neglect, frequently leave him without supervision or control, quit guiding the child, refrain from taking care of his affairs, abstain from enrolling the child in an educational institution, nor leave him in case of school dropout without a valid reason during the stage of compulsory education.

Article (36) It is prohibited to expose the child to torture or physical assault or perform any act that would compromise the child's emotional, psychological, mental or moral safety.

Article (38) The following acts shall be prohibited: 1. Using the child in mendicancy. 2. Recruiting the child in illegal circumstances. 3. Engaging the child in a work that hinders his education or endangers his health or his physical, psychological, ethical or mental safety.

-- 13 of 24 --

Federal Law of 2016 On Child Rights Law (Wadeema) 14 Chapter Nine Protection Mechanisms

Article (39) 1. The competent authorities and concerned bodies shall work in coordination with the Ministry on establishing child protection units aiming at developing and implementing child protection mechanisms and measures stipulated herein. 2. The Executive Regulations of this Law shall determine the following: a. Competences of the child protection units and the operating mechanisms thereof. b. Requirements to be met by the child protection specialist.

Article (40) The child protection specialist shall take the oath before exercising his functions and shall be competent to perform the following: 1. Preventive intervention in all cases in which the child's health and physical, psychological, ethical or mental safety are threatened or endangered. 2. Therapeutic intervention in all cases of abuse, exploitation and negligence and all cases stipulated in Article (33) hereof.

Article (42) 1. Anyone may inform the child protection specialist or the child protection units if there is a threat to the child's safety or physical, psychological, ethical or mental health. 2. The reporting shall be mandatory for the custodians, physicians and social workers or those who are entrusted with the protection, care or education of the child.

Article (43) Whoever attains the age of majority shall help any child who asks him to report the competent authorities or concerned bodies of his suffering or the suffering of any of his brothers or any other child in any of the cases stipulated in Article (33) hereof.

Article (44) The identity of the reporter shall not be disclosed unless his approval is obtained. The disclosure of the identities of all parties to the incident and the witnesses in child abuse or maltreatment actions when using the information contained in the analyses or media reports or the publication of any material that could lead to the disclosure of his identity shall be prohibited.

Article (45) The concerned bodies and competent authorities shall provide protection to the witnesses in all stages of the criminal action.

-- 15 of 24 --

Federal Law of 2016 On Child Rights Law (Wadeema) 16 Chapter Ten Protection Measures

Article (46) Subject to the provisions of Articles (47) and (51) hereof, the child protection specialist shall, in agreement with the custodian, take all the necessary measures if there is a threat to the child's safety or physical, psychological, ethical or mental health in a manner determined by the Executive Regulations hereof.

Article (48) If the child protection specialist achieves the appropriate measures in a form of agreement, such agreement shall be written, read and signed by the various parties including the child who reached 13 years of age.

-- 16 of 24 --

Federal Law of 2016 On Child Rights Law (Wadeema) 17 The child protection specialist shall periodically follow up the results of the taken agreement measures taken and shall decide, when necessary, to amend the same in a manner that ensures, as much as possible, keeping the child in his family environment.

Article (49) The child protection specialist shall inform the child's parents or custodian and the child who reached 13 years of age of their right to refuse the proposed measure.

Article (50) 1. The child protection specialist shall refer the matter to the body for which he works to take the necessary measure in the following two cases: a. Failure to achieve an agreement within fifteen days as of the date of informing him of the case. b. Violating the agreement by the child's parent, custodian or the 13-year-old child. 2. The body for which the child protection specialist works shall take all actions necessary for referring the matter to the public prosecution.

Article (52) The child protection specialists determined by a resolution issued by the Minister of Justice shall, in agreement with the Minister and the concerned bodies, have the capacity of judicial officers to prove the occurrence of any violation to the provisions of this Law and the Regulations and Resolutions issued in implementation thereof.

Article (53) The public prosecution and judicial bodies shall ask for the assistance of the child protection specialist in the investigations and trials in which the child is present.

-- 18 of 24 --

Federal Law of 2016 On Child Rights Law (Wadeema) 19

Article (55) A register shall be established in the Ministry in coordination with the competent authorities to record all child abuse cases. Everything recorded in this register shall be confidential and shall not be accessed without the permission of the public prosecution or the competent court as the case may be.

Article (57) The competent authorities and concerned bodies shall take the following measures: 1. Ensure the product safety in order not to threaten the child's rights contained herein and establish the advertising controls that comply with the child's right to health, survival and growth. 2. Control the commercial activities so as to ensure that the child is not exposed to any environmental risks or harms.

Article (58) The competent authorities and concerned bodies shall ensure the child protection from the dangers of the traffic accidents in accordance with the provisions of the traffic law, as amended especially the following: 1. Prohibiting the sitting of children who are under the age of 10 in the front seats of the vehicles of all kinds. 2. Establishing controls with regard to the children's use of bicycles.

Article (59) Subject to the provisions of the personal status law, the competent court shall, before issuing a judgment on the child custody, request the submission of a detailed report about the social, psychological and health status and the criminal status of the person applying for custody or the person for whom custody will be ordered by the court or the submission of a statement that he did not commit any crime outside the State. The Executive Regulations shall determine the procedures for preparing these report and statement.

-- 20 of 24 --

Federal Law of 2016 On Child Rights Law (Wadeema) 21 Chapter Eleven Penalties

Article (60) Whoever violates any provision of Clause (2) of Article (11), Articles (28) and (34), Article (35) or Clause (2) of Article (42) hereof shall be punished by imprisonment or a fine of not less than (AED 5,000) UAE Dirhams five thousand.

Article (61) Whoever commits one of the following acts shall be punished by a fine of not less than (AED 5,000) UAE Dirhams five thousand and not more than (AED 50,000) UAE Dirhams fifty thousand: 1. Violating the provision of Article (43) hereof. 2. Preventing the child protection specialist from performing his functions or hindering his work. 3. Giving false information or deliberately hiding the truth of the child's situation.

Article (62) Whoever violates any of the provisions of Clause (2) of Article (21) hereof shall be punished by a fine of not less than (AED 5,000) UAE Dirhams five thousand.

Article (63) Whoever violates any of the provisions of Clauses (1) and (3) of Article (21) hereof shall be punished by a term of imprisonment of not less than three months and/or a fine of not less than (AED 15,000) UAE Dirhams fifteen thousand.

Article (64) Whoever violates any of the provisions of Clause (4) of Article (21) or Article (29) hereof shall be punished by a term of imprisonment of not less than six months and/or a fine of not less than (AED 100,000) UAE Dirhams one hundred thousand and not more than (AED 1,000,000) UAE Dirhams one million.

-- 21 of 24 --

Federal Law of 2016 On Child Rights Law (Wadeema) 22

Article (65) Whoever violates any of the provisions of Clauses (1), (2), (5) and (6) of Article (37) hereof shall be punished by a term of imprisonment of not less than ten years.

Article (66) Whoever violates any of the provisions of Article (26) or Clauses (3) and (4) of Article (37) hereof shall be punished by a term of imprisonment of not less than one year and/or a fine of not less than (AED 100,000) UAE Dirhams one hundred thousand and not more than (AED 400,000) UAE Dirhams four hundred thousand.

Article (67) Whoever violates any of the provisions of Article (27) hereof shall be punished by a term of imprisonment of not less than one month and not more than six months and by a fine of not less than (AED 5,000) UAE Dirhams five thousand.

Article (68) Whoever violates any of the provisions of Article (14) or the provision of Article (38) hereof shall be punished by imprisonment and/or a fine of not less than (AED 20,000) UAE Dirhams twenty thousand. If the work endangers the life or physical, mental or ethical safety of the child who is under the age of 15, this shall be deemed an aggravating circumstance.

Article (69) BIS A person who refuses to undergo the rehabilitation and guidance program outlined in Article (50-bis) of this Law, or fails to comply with it according to the Executive Regulations of this Law, shall be punished by imprisonment for a term not less than (3) three months and/or a fine of not less than (AED 10,000) ten thousand dirhams and not more than (AED 100,000) one hundred thousand dirhams.

Article (70) In implementation of the provisions of this Law, the offender's claim that he did not know the age of the victim shall be disregarded.

Article (71) The penalties stipulated herein shall not prejudice any more severe penalty stipulated in any other law.

-- 23 of 24 --

Federal Law of 2016 On Child Rights Law (Wadeema) 24 Chapter Twelve Final Provisions

Article (72) The provisions of this Law shall not prejudice any rights or aspects of protection that ensure that the child enjoys all rights and public freedoms in a better way and the aspects of protection and care stipulated in any other applicable legislation.

Article (73) The Cabinet shall, upon the proposal of the Minister, issue the Executive Regulations hereof within six months as of the date of publication in the Official Gazette.

Article (74) Any provision inconsistent with or repugnant to the provisions hereof is hereby repealed.

Article (75) This Law shall be published in the Official Gazette and shall enter into force three months following the date of publicating thereof. Khalifa bin Zayed Al-Nahyan President of the United Arab Emirates Issued by us in Abu Dhabi Presidential Palace On: Jumada Al-Awwal 28, 1437 A.H. Corresponding to: March 8, 2016 AD.

-- 24 of 24 --