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In common language, infanticide means killing or murdering a
very young child, who is less than 1 year old.
In the United Arab Emirates, while there is no specific law on
infanticide, the Wadeema’s Law provides protection to children
in the UAE.
What is the Wadeema’s Law?
Wadeema’s Law is the Federal Law 3 of 2016 on Child’s
Rights which deals with the rights and protections guaranteed to
the child. Under Article 3 of the Wadeema’s Law, a child is
protected by the State without discrimination because of origin,
sex, home country, religion, social status or disability.
Protections under the Wadeema’s Law
One of the fundamental rights of the child under the
Wadeema’s Law is that the child has the right to life and
security. That means that the child has the fundamental right to be
alive and live their life under Article 7 of the Wadeema’s
Law.
Additionally, the Wadeema’s Law obligates the competent
authorities and concerned entities to maintain the child’s
right to live, survival and development and provide all necessary
opportunities to facilitate this and grant the child a free, secure
and developed life. It is also the responsibility of the
authorities to protect the child from neglect, exploitation and
abuse. The best interest of the child has to be protected at all
times by the competent authorities. These responsibilities of the
authorities have been set out under Article 2 of the Wadeema’s
Law.
Further, Article 4 of the Wadeema’s Law states that the
natural family of the child is the first and best environment for
the upbringing of the child. But such a family may be replaced by
an alternate family, with the child’s protection and his/her
best interest being the priority of the authorities. The
authorities will give the child protection, care, rescue and
guidance in cases of emergencies, disasters, armed conflicts and
any crime committed against the child.
Can a child be exposed to rejection or neglect?
No, it is prohibited for a child to be exposed to rejection,
homelessness or neglect under Article 35 of the Wadeema’s Law.
Article 34 of the Wadeema’s Law also prohibits endangerment of
the mental, psychological, physical or moral integrity of the
child, whether this occurs through abandonment of the child by the
custodian, leaving the child at a care institution without any
reason, etc.
It is prohibited to expose the child to torture, or commit any
act which involves cruelty affecting the child’s emotional,
psychological, mental or moral health.
What protection measures can be taken to protect the
child?
While several measures to protect the child have been enumerated
in the Wadeema’s Law, one of which is the appointment of a
child protection specialist. Under Article 51 of the Wadeema’s
Law, any action or omission which poses a threat to the child’s
life, physical, psychological, mental or moral integrity or health
which cannot be avoided over time, will be considered as
significant harm or imminent danger to the child. In such cases of
significant harm or imminent danger to the child, the child
protection specialist will take the child out from the place he/she
is currently in and move her/him to a place which is safe. The
child protection specialist performs this action under his personal
liability.
Within 24 hours of the action above, the child protection
specialist will obtain a judicial order to continue taking the
measures of keeping the child in a safe place.
Conclusion
The protection of a child’s life is protected by federal law
in the United Arab Emirates and the authorities and concerned
custodians are required to ensure that the protections granted
under the Wadeema’s Law are accordingly followed.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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