In March 2023, the United Arab Emirates implemented a landmark piece of legislation—Federal Law No. 6 of 2022 on Juvenile Delinquency and Children at Risk—ushering in a new era for the treatment of minors in conflict with the law. This law, further clarified by Cabinet Resolution No. 133 of 2023, fundamentally shifts the focus from punishment to protection, rehabilitation, and accountability, aligning the UAE’s juvenile justice system with international best practices while respecting local values.
Defining the Juvenile and the Threshold of Responsibility
Under the new law, a “juvenile” is defined as anyone under the age of 18. The legislation draws a clear line for criminal responsibility, which now begins at age 12. Children younger than 12 are shielded from criminal prosecution entirely. However, if their actions endanger their own safety or that of others, the law empowers authorities to impose non-penal protective or administrative measures. These may include referral to child protection services, psychological treatment, or social supervision, ensuring that the focus remains on guidance and welfare rather than punishment.
A Tailored Approach: Distinguishing Age Groups
The law makes a crucial distinction between two age groups: those aged 12 to under 16, and those aged 16 to under 18.
- For juveniles aged 12 to under 16, the law restricts judicial authorities to a suite of educational and rehabilitative measures. Traditional criminal penalties are excluded. Instead, courts may order the minor to be placed under a guardian’s care with specific behavioural obligations, referred to rehabilitation programmes, assigned to specialised care institutions, or placed under supervised probation. Importantly, custodial sentences are expressly prohibited for this age group.
- For those aged 16 to under 18, the law allows for limited criminal penalties, including custodial sentences, but only under strict conditions and procedural safeguards. Any sanction must be proportionate, educational in nature, and cannot exceed half the term prescribed for an adult convicted of the same offence. The law categorically prohibits capital punishment and the detention of juveniles in adult penal facilities.
Safeguarding Rights and Ensuring Confidentiality
A cornerstone of the new framework is the protection of the juvenile’s rights throughout legal proceedings. All cases involving minors are conducted in strict confidentiality, and the minor has an unequivocal right to legal representation at every stage. Before rendering any decision, the court must consult with social specialists, ensuring that the juvenile’s psychological state, family situation, and prospects for reintegration are fully considered.
Proactive Protection for Children at Risk
Federal Law No. 6 of 2022 extends beyond juveniles who have already committed offences. It proactively protects children at risk—those exposed to neglect, abuse, delinquent environments, school dropout, drug use, or lack of parental care. Judicial authorities and child protection entities are empowered to intervene early, applying protective measures designed to prevent these children from entering the cycle of delinquency.
Accountability for Facilitators and Identity Protection
The law imposes strict liability on individuals or entities that contribute to a minor’s delinquency or concealment. Penalties range from AED 5,000 to AED 200,000, with the possibility of imprisonment depending on the severity of the offence. Furthermore, the public disclosure of a juvenile’s identity in legal proceedings is strictly prohibited and punishable by law, a measure designed to safeguard the child’s dignity and future.
A Regulated and Consistent Implementation
Cabinet Resolution No. 133 of 2023 provides the regulatory backbone for the law’s implementation. It sets out detailed criteria for choosing appropriate legal measures, taking into account the juvenile’s age, the seriousness of the act, and the advice of social experts. This ensures that judicial discretion is exercised within a framework that guarantees consistent, child-centred outcomes across the UAE.
A Progressive Step Forward
Federal Law No. 6 of 2022 represents a decisive evolution in the UAE’s approach to juvenile justice. By replacing punitive traditions with a system built on reform, protection, and hope, the UAE is not only meeting international standards but also reaffirming its commitment to the welfare and future of its youth. This comprehensive legal framework ensures that minors are treated with dignity, given opportunities for rehabilitation, and protected from harm—striking a thoughtful balance between accountability and compassion.
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