Wednesday, Jan 22, 2014

Abu Dhabi Members of the Federal National Council yesterday (Wednesday) the new draft law on child rights.

The bill requires requires to be signed into a law by President His Highness Shaikh Khalifa Bin Zayed Al Nahyan.

Under the draft law, child abusers and viewers of child sex images on the web will face tough penalties, especially in cases of abuse by persons in a position of trust, authority or influence over the child including family members, guardians or teachers or abuse of particularly vulnerable children, mainly those with a physical or mental disability.

The law states that abusers who exploit children in filming pornographic materials, production, publishing, distribution or facilitating access to these pornographic materials by any means will face a minimum jail term of 10 years.

The same penalty will be handed to abusers who are in a position of trust, authority or influence over the child, including family members, guardians or teachers and persons who exploit children in online grooming and sex tourism, both free of charge or in return for money.

Studies estimated that approximately one in six boys and one in four girls is sexually abused before the age of 18, said Mary John, Consultant Clinical Psychologist, Dubai Community Health Centre.

“Most mental health and child protection professionals agree that child sexual abuse is not uncommon and is becoming a serious problem,” she told Gulf News.

The draft law to protect children, initially called Wudeema’s Law — in memory of the eight-year-old girl who was starved and tortured to death by her father and his girlfriend — will now be known as the Law on Child Rights, after Federal National Council members voted by a massive majority to change the name.

The draft law states that possessing child pornography material, regardless of the intent of distribution, uploading or downloading of these materials via the Internet or through any other media means will be penalised with a minimum jail term of a year, or a fine of not less than Dh100,000 and not more than Dh400,000 or both.

Mariam Al Roumi, Minister of Social Affairs, told the council the law provides for seven basic rights, including the right of empowerment and the right to protection in keeping with the Convention on the Rights of the Child, to which the UAE became a signatory in 1996.

The new draft law covers all aspects related to children’s rights and contains instruments that ensure its implementation, as well as punishments that will penalise people whose morals and religious beliefs do not stop them from violating the rights of children. The government also underlined its commitment to meet those basic needs and rights in the best ways.

The bill demands mothers breastfeed as enshrined in Islam and health care will be provided to women during pregnancy and after they give birth.

Under the law, children have the right to be protected against cruel acts or exploitation and they shall not be obliged to do work which hinders their development both physically and mentally. They also have the right to be among the first to get help.

The bill prohibits the employment and work of children aged below 15, guided by standards adopted by the International Labour Organisation (ILO).

The draft law states the minimum age for work should not be below the age for finishing compulsory schooling, which is generally 15.

However, children between the ages of 13 and 15 may do light work, as long as it does not threaten their health and safety, or hinder their education or vocational orientation and training, according to the draft law.

Raising children with or without religion was among a heated debate between the members of the FNC and Mariam Al Roumi, Minister of Social Affairs.

The members voted for changing the draft law to make it mandatory for parents to raise ethical, caring children with religion. The clause is introduced in at least three articles of the law.

Dr Amal Al Qubaisi, a member from Abu Dhab, requested that the draft law protect the best interests of children, and the request was endorsed by the FNC.

The best interests of the child shall be a primary consideration and the child shall be registered immediately after birth and shall have the right from birth to a name and the right to know and be cared for by his or her parents, according to the law.

Under the legislation, children have the right to protection from abuse, neglect, exploitation and discrimination. It also provides, among other rights, for economic, social and cultural rights, related to the conditions necessary to meet basic human needs such as food, shelter, education and health care.

Children also have the right to grow up and to develop physically and spiritually in a healthy and normal way, free and with dignity.

By Samir Salama Associate Editor

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