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Between Protection and Accountability: Understanding the UAE’s Juvenile Law Reform

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.

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.

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.

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.

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.

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.

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.

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.

At Al Midfa & Associates, we offer comprehensive services tailored to meet your needs, ensuring that your rights are protected at every step of the way. Please feel free to contact us.

 

Family constitution

Why is a Family Constitution/Charter Important for Family Businesses?

Family-owned businesses form a significant part of the UAE’s economic fabric, but they face unique challenges in governance, succession, and conflict resolution. The UAE’s Family Business Law (Federal Decree Law No. 37 of 2022) emphasizes the importance of a family constitution—a non-legally binding document reflecting family values and providing guidelines for business operations. A well-drafted family constitution can foster internal cohesion, establish clear roles and responsibilities, avoid conflicts, and pave the way for future generations. It also supports professionalization, enhances economic success, and provides frameworks for dispute resolution

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Navigating Personal Status Laws in the UAE

Personal status law and its application to the vast and growing expatriate population in the United Arab Emirates (UAE) is often a point of contention when residing in the UAE. The UAE stands as a beacon of multiculturalism, thanks to its diverse population that spans nearly every nation on the globe. A common question among expatriates is, “Can I apply the law of my home country to my personal status issues?” The answer is often affirmative.

In its efforts to accommodate this diversity, the UAE has taken proactive and thoughtful steps to ensure that foreign residents feel recognised and respected, particularly regarding personal status laws. These measures ensure that individuals are governed by laws that align with their culture, background, and personal understanding.

In light of this, significant steps have been taken by the UAE government to include amendments to the UAE Civil Transactions Law No. 5 of 1985 concerning the application of personal status laws, followed by the groundbreaking enactment of the Federal Personal Status Civil Law No. 41 of 2022, setting a precedent within the region. Prior to this, Abu Dhabi led the way with its own Personal Status Civil Law No. 14 of 2021, tailored for the Emirate’s population.

For the average expatriate, navigating legal complexities may seem daunting. However, the introduction of these laws simplified the process by granting non-Muslim residents the ability to determine which legal framework governs their personal status matters. In order to ascertain the application of one law over the other, a non-muslim expatriate must consider their place of residence –

  • If the individual resides in Abu Dhabi, the applicable law is the Personal Status Civil Law No. 14 of 2021.
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  • If the individual resides in the other six emirates (which includes Dubai), the Federal Personal Status Civil Law No. 41 of 2022 shall apply.

In addition to the laws mentioned above, Articles 12 and 13 of the UAE Civil Transactions Law No. 5 of 1985 allow the application of the law of the country where the marriage took place to govern matters such as marriage, its financial implications and divorce. In the event that applying the law of the country where the marriage took place becomes unfeasible during a dispute, the applicable law shall be based on the expatriate’s place of residence as above.

The legal framework introduced in the UAE provides expatriates with a clear understanding of the laws they are subject to, enabling them to familiarise themselves with their rights and obligations. By doing so, they can align their actions with the legal framework, fostering harmony between their personal choices and the laws of their country. These reforms highlight the UAE’s commitment to inclusivity and its pioneering role in accommodating multiculturalism through legal innovation.

Contact us to learn more about what services we can provide you. At Al Midfa & Associates, we offer comprehensive services tailored to meet your needs, ensuring that your rights are protected at every step of the way.