FNC continues debate over Child Rights law

Law is delayed by discussion of clause to allow children to be removed from their homes without a court order.

Hamad Al Rahoomi (Dubai) takes the floor during yesterday’s FNC meeting debating the Child Rights Law. Fatima Al Marzooqi / The National

ABU DHABI // A heated debate on the country’s first child rights law was halted after members argued about a clause allowing the removal of children from their homes without a court order.

Discussions about the 72-article bill, which gives unprecedented rights to all children, stalled when members reached article 50, which covers the removal of children from their homes.

Some members argued this breached the constitution.

The Child Rights Law – drafted after the torture and murder of an eight-year old girl by her father and his girlfriend – states that a childcare specialist can remove a youngster in imminent danger from their home without permission from a judge.

The expert would need to obtain a court order within 24 hours.

Some members and the Minister of Social Affairs, Mariam Al Roumi, backed this but others, including Ahmed Al Zaabi (Sharjah), also a lawyer, said it breached people’s rights and privacy as laid down by the constitution.

The council’s legal advisor also said the law contradicted the constitution and that no one had the right to raid a home without a court order or permission from the family.

“By law, you are not allowed to go in and take a child,” he said.

He said the law had to be changed so that a court order was obtained before a child was removed.

But Salem Al Ameri (Abu Dhabi) argued that in the case of imminent danger, the rule could cost a life.

He said that when his committee studied the law, it learned about a girl who was burned to death because a court order for her removal came three days late.

“What is more important, the sanctity of a house, or a child’s life?” asked Dr Mona Al Bahar (Dubai).

As confusion continued and members tried to excuse the law, Ahmed Al Shamsi (Ajman) asked once again if they could pass the law.

Mohammed Al Murr, the FNC Speaker, insisted there was no breach of the constitution because the law was in a certain context, the council’s legal advisor stood firm.

“Here we are talking about imminent danger, not any danger but a child’s life,” Ms Al Roumi said.

She said the childcare specialists would be accompanied by the police.

Mr Al Zaabi pointed out that police were not allowed to enter without a warrant unless a crime had been committed.

“This is unconstitutional,” he said.

Members agreed to continue discussions on Wednesday.

Earlier in the session, the council established a right to a secure and intact family.

A member found the clause dispensable, citing strong family bonds as the norm in the UAE, but Dr Al Bahar explained its importance.

“In some cases that come to us of divorce, we see children abused,” said Dr Al Bahar, who also works at the Dubai Foundation for Women and Children. “Local dads rape their girls and abuse them in other ways as well. This is a reality, not imaginary.”

The minister said this right was a “jewel” in the law to establish rights for children.

“The law needs to talk about rights overall. This is a main right and should be the first, before they even go to school,” she said.

Mr Al Shamsi agreed and said discussions with childcare specialists revealed a harsh reality that needed to be addressed.