Rights of the Child
Yemen ratified the Convention on the rights of the Child in 1991
and has submitted its second periodical report.
I. LEGISLATION ON THE RIGHTS OF THE CHILD
A- Definition of the child in Yemeni legislation
Various Yemeni laws and legislative enactments
set different legal ages for the exercise of various rights and
obligations:
The Constitution, the Electoral Act, the Compulsory National Service
Act and the General Reserve Act set the minimum age for exercising
those rights at 18 years. For example, in the Civil Service Act
it is set at 18 and in the Civil Status and Civil Registration Act
at 16. The Rights of the Child Law of 2002 defines the child as
every person who has not passed the age of 18 as long as he has
not reached maturity. The Penal Code sets the age of the “juvenile”
under 15 years of age while the Passport Act entitles any person
over 16 years of age to passports and travel documents.
B. General principles concerning the rights
of Yemeni children
1. Non-discrimination
Articles 24, 40, 41 and 55 of the Yemeni Constitution guarantee
opportunities for all citizens in the political, economic, social
and cultural fields. Under article 5 of the Code of Criminal Procedure,
all citizens are equal before the law Article 42 of the Labor Act
emphasizes that women are on an equal footing with men in regard
to their terms of employment, their job-related rights and obligations
and their working conditions, without any discrimination.
2. The right to life, survival and development
In addition to article 30 in the Constitution, the Penal Code, regards
a newborn child as a person with human rights, provided that he
or she is born live, regardless of whether the circulatory system
is functioning in all or part of the child's body. According to
the Code, anyone who deliberately causes a woman to have a miscarriage
without her consent is deemed to have committed an offence punishable
by payment of the blood money for a fetus.
Articles 128, 129, 130, 131 and 132 of the Personal Status Act make
provision for protection of the child and of his or her right to
life, survival and development.
The need to ensure the survival and development of the child is
reflected in the legislation in force in the State. For example,
in article 30 of the Maternal and Child Welfare Act, the welfare
of infants and children is defined as their physical and mental
development during the early years of their life.
3. Respect for the views of the child
15. Yemeni laws and legislation, including the
Press and Publications Act, recognize the rights of citizens, including
children, to participate in political, economic, social and cultural
life and protect their freedom of thought and their freedom to express
their opinion.
3. Civil rights and freedoms
Name and identity. The Civil Code stipulates that births and deaths
being entered in the official legal registers in which everyone
is identified by a distinctive name and patronymic or surname. The
Civil Status and Civil Registration Act stipulates that the children
(including the cases of foundlings of unknown parentage and illegitimate
children) must be registered by notifying the Civil Status Department
within 60 days from his or her date of birth.
Nationality: Article 3 of the Yemeni Nationality Act grants Yemeni
nationality to children born in Yemen including those whose parents
are unknown, their paternity has not been established, their father
who is stateless or of unknown nationality. The law recognizes the
rights of a child whose mother, although holding Yemeni nationality,
is married to a non-Yemeni, by granting the child Yemeni nationality
as his or her birthright.
Freedom of thought and religion, freedom of expression and freedom
to seek, receive and impart information. Articles 40 and 41 of the
Constitution of the Republic of Yemen explicitly guarantees all
these forms of rights and no distinction is made between children
and adults in this regard.
5. Freedom of association and freedom of peaceful assembly Under
article 57 of the Constitution of the Republic of Yemen, citizens
throughout the Republic enjoy the right to organize themselves in
the political, professional and trade-union fields and to form occupational,
cultural and social organizations and national federations in such
a way as to further the aims of the Constitution.
6. The right to privacy
Various articles in the constitutions and other laws such as the
Penal Code recognize this right. Article 47 of the Constitution
of the Republic of Yemen stipulates that no one may be placed under
surveillance or investigated except as provided by law. The Penal
Code makes it a criminal offence to invade a person’s privacy.
7. Protection of working children
Yemeni law embodies constitutional and legal guarantees which take
into account the physical capacities of working children and protect
their safety, their morality and their physical, mental, spiritual,
moral and social development.
(a) Employment of young persons: Under the Labor Act No. 5 of 1995,
young persons in employment enjoy all the rights granted to ordinary
workers, in addition to extra privileges by virtue of the special
nature of their legal status and the protection accorded to them.
The Act also covers their terms and conditions of employment and
their working hours, makes provision for their protection and prohibits
the employment of children and young persons in heavy work, in hazardous
industries and in socially dangerous occupations and remote and
undeveloped locations.
(b) Employment of disabled persons
In addition to the Civil Service Act which indicates that each administrative
unit in the State institutions should employ a specific quota of
disabled persons in posts compatible with their capabilities, the
Council of Ministers Decision No. 215 places State institutions
under an obligation to employ disabled persons pursuant to the policy
and philosophy of integrating disabled persons in society and promoting
their contribution to socio-economic development.
(c) Specification of working hours and rest and holiday periods
for young persons
The Labor Act No. 5 of 1995, amended in 1997, makes no distinction
between the working hours of adults; amounting to not more than
48 hours per week, apply to working children, which places them
at great risk. Nevertheless, the Act gives working children weekly
rest periods and requires that they do not work during holidays
and their work is subject to appropriate health and social conditions.
C. Family environment and alternative care
1. Family unity
Article 26 of the Constitution of the Republic
of Yemen stipulates that "the family, which is rooted in religion,
morality and patriotism, is the cornerstone of society and the law
shall protect its structure and strengthen its ties".
2. Child maintenance and its collection
54. The question of child maintenance is regulated by the Personal
Status Act and the Pensions Act, which primarily makes the responsibility
of the father, first, and if he is not capable it is the mother’s
responsibility and then other relatives. If the parents are incapable
but the child owns property it should be used to maintain the child.
3. Adoption
The Personal Status Act regulates the question of the transfer of
custody between relatives, if such is requested for any reason acceptable
to the judge, in accordance with the conditions of custody.
4. Custody of a child whose mother is married
to a person other than the child's father
Article 141 of the Personal Status Act stipulates that the mother
has a greater right to custody of her child, provided that she is
found fit to undertake that custody. She cannot forfeit her right
to custody unless another person agrees to accept custody, which
is one of the child's rights, and her husband cannot prevent her
from exercising her right.
5. Institutional care
The Yemeni legislature has regulated institutional
care in article 105 of the Penal Code, which stipulates that: "If
the judge finds that, at the time of the commission of an offence,
the person accused thereof was unable to distinguish right from
wrong due to a mental disorder, he shall order the said person's
placement in an institution for the treatment of mental disorders."
The Juvenile Welfare Act stipulates that juvenile offenders shall
be placed in a juvenile rehabilitation and welfare center for various
periods according to the severity of the offence and that the institution
must submit a report to the court on the juvenile behavior at intervals
not exceeding six months.
II. SOCIAL WELFARE AND PROTECTION
A. Social security
Under article 55 of the Constitution, the State
undertakes to provide social security for all citizens in the event
of sickness, disability, unemployment, old age or loss of their
source of support. This policy is reflected in a number of legislative
instruments, including: the Insurance and Pensions Act No. 25 of
1991, the Pensions and Benefits for the Armed and Security Forces
Act No. 32 of 1992, and the Social Insurance Act No. 26 of 1991.
B. Special protection measures
Through its legislation, the Republic of Yemen
has endeavored to take the measures needed to protect children in
the following manner.
1. Children in emergency situations
(A) Refugee children: article 45 of the Constitution of the Republic
of Yemen, under which the extradition of political refugees is prohibited.
This protection is also enjoyed by persons related to them, including
children.
(b) Children in armed conflict: In article 6 of the Constitution
of the Republic of Yemen, the State affirmed its adherence to the
Charter of the United Nations, the Universal Declaration of Human
Rights, the Pact of the League of Arab States and the generally
recognized rules of international law, and the Geneva Conventions,
thereby confirming its commitment to the welfare of children who
are victims of conflicts.
2. Children in conflict with the law
(a) Child offenders
Article 49 of the Judicial Authority Act makes provision for the
establishment of juvenile courts of first instance and the regulation
of their composition, competence and procedure. Accordingly, the
legislature promulgated the Juveniles Act, article 8 of which stipulated
that the Department of Public Prosecutions was responsible for the
examination and handling of juvenile cases.
Under article 11 of the Juveniles Act, it is prohibited to detain
a juvenile under 12 years of age in a police station or other security
establishment.
Article 15 of the Act makes provision for the establishment of juvenile
courts in each governorate of the Republic by order of the Council
of the Judiciary based on a proposal from the Minister of Justice.
(at least 4 juvenile courts have been established so far). Every
court of first instance in the Republic is also competent to hear
juvenile cases, such as cases involving child maintenance and custody,
and to hand down judgments therein.
(b) Children deprived of their liberty
Juveniles over 12 years of age can be held at a police station for
up to 24 hours, after which they must be placed in a rehabilitation
and welfare center by order of the Department of Public Prosecutions
or the court. Under article 29 of the Juveniles Act, it is prohibited
to mix male and female juveniles in a single rehabilitation and
welfare centre, during the period of interrogation and examination
by the Department of Public Prosecutions, in the court or while
they are serving their sentences.
Article 36 of the Juveniles Act stipulates that a juvenile under
10 years of age who commits an offence punishable under the Penal
Code cannot be sentenced to the penalty prescribed therefore. A
juvenile can be sentenced only to one of the following measures:
a reprimand, rebuke, delivery into the custody of a parent, enrolment
for vocational training, prohibition of the frequentation of specific
places, judicial probation, placement in a juvenile rehabilitation
center or a specialized hospital. Persons who commit an offence
while under the age of 18 are not held fully criminally responsible
for their acts.
3. Protection of children from exploitation
Within the overall framework of Yemeni law and legislation, care
is taken to protect children from exploitation. The Labor Act grants
children the right to work and to benefit from employment opportunities
under special terms and conditions, which effectively ensure that
they will not be exploited.
(a) Drug Abuse
The Penal Code in general, and the Narcotic and
Psychotropic Substances Act in particular, prohibits all intoxicants
and makes it a punishable offence to use or traffic in such substances
unless they are required for medical or scientific purposes.
(b) Sexual exploitation and sexual abuse
Yemeni law prohibits sexual exploitation and sexual abuse, which
are punishable offences. The legal provisions relating to such matters
are illustrated by the following:
Pandering: Under article 280 of the Penal Code it is an offence,
punishable by a term of up to 15 years' imprisonment, and repeated
offenders are liable to the death penalty.
Procurement: Under article 279 of the Penal Code, anyone who incites
or force another person to engage in an act of debauchery or immorality
is liable to a penalty between 3 and 15 years of imprisonment depending
on the level of the crime committed.
Debauchery and obscenity: Article 3 of the Juveniles Act stipulates
that a juvenile who engages in acts of debauchery, obscenity or
immorality, gambling or drug abuse, etc., or who assists persons
engaged therein, is deemed to be delinquent and is liable to the
penalties prescribed in the Act.
Sexual abuse: Article 272 of the Penal Code prescribes a penalty
of up to five years' imprisonment for anyone who, through force
or deception, sexually abuses a female under 15 years of age, a
male under 12 years of age or any person who is wholly or partly
incapable of exercising discretion for any reason whatsoever. The
same penalty applies if the offender is an ascendant of the victim
or responsible for his or her upbringing;
Rape: Article 269 designates sexual assault involving rape as a
criminal offence punishable by the penalty prescribed in the Shari'a.
If, for any reason, this penalty is not applicable, the offender
is liable to the penalty prescribed by the Penal Code.
Sale, traffic and abduction: Article 249 prescribes a penalty of
up to five years' imprisonment for anyone who abducts another person.
If the victim of the abduction is a female, a juvenile, insane or
feeble-minded, or if the abduction is effected through the use of
force, threats or deception, the penalty is a term of up to seven
years' imprisonment. If the abduction is accompanied or followed
by bodily harm, assault or torture, the penalty is a term of up
to 10 years' imprisonment without prejudice to the right to retribution,
blood money or compensation, as appropriate, if such is warranted
by the harm caused. If the abduction is accompanied or followed
by murder, adultery, prohibited sexual assault or sodomy, the offender
is liable to the death penalty.
Sale: The sale of human beings is prohibited by law and anyone who
owns another person is obliged to free him or her from servitude,
since slavery is forbidden.
4. Children belonging to a minority or an indigenous community
Based on the provisions of the Constitution which regards all citizens
as equal, children have all the statutory rights and obligations
of adults, without any discrimination on grounds of their origin
or religion.
C. Improvement of the standard of living
The State, wishing to improve the standard of living
of families and children, formulated a comprehensive strategy to
combat poverty. With regard to begging, the Juveniles Act regards
a juvenile as a potential delinquent if he is found begging and
the Yemeni legislature has endeavored to combat this phenomenon
under the terms of article 203 of the Penal Code.
1. Measures to combat poverty
The aim of the Poverty Reduction Strategy Paper
and the National Population Strategy (1990-2000) was to improve
the quality of life in regard to education, health, living conditions
and basic needs, raise the level and ensure the equitable distribution
of income, provide better employment opportunities, achieve a population
distribution consistent with the requirements of the natural, economic
and production environments, particularly between rural and urban
areas, and protect the environment and the population from harmful
practices.
2. Improvement of family living conditions
The urgent steps and measures taken by the Government
to improve the living conditions of families and children included
those described below.
(a) Establishment of the Yemeni Council for Maternal and Child Welfare:
Established in 1991 and has formulated the National Plan for Mothers
and Children which aims at promoting the survival and development
of children and improving the situation of mothers and families
in various fields including, in particular, social and family welfare,
health, education, culture, information and legislation.
(b) Establishment of the Social Security network: aimed at combating
the negative consequences of the economic and financial reform adopted
by Yemen.
(c) The Social Welfare Fund of 1996: The main purpose of this Fund
was to effectively help to alleviate poverty and relieve the hardship
caused by the economic measures, focusing on indigent persons lacking
a source of livelihood or movable or immovable property, as well
as elderly persons and other vulnerable individuals.
D. Juvenile welfare policies and programs
The Government has formulated programs and promulgated national
legislation to deal with the problem of juvenile delinquents through
prevention or rehabilitation in a manner consistent with their circumstances
and their situation.
1. Welfare services for child offenders
In the rehabilitation centers, young offenders receive technical
and vocational training, literacy and general education, psychological
counseling services, cultural and sport activities, social activities
such as trips and recreational excursions, and health services.
2. Difficulties and obstacles:
The social rehabilitation and welfare centers and institutions for
juveniles are facing various difficulties and obstacles including
inadequate budget, incomprehensive policies and programs for the
management and operation of these institutions, low standard activities,
and limited availability of equipments and other educational materials.
E. Policies and programs for the welfare of the disabled
Social, educational, rehabilitation and training services are provided
for the various categories of disabled persons, through rehabilitation
and welfare centers and institutions for the disabled, in accordance
with the laws in force. The government has established the National
Committee for the Welfare of the Disabled to be responsible for
the formulation of strategies and general policies concerning the
welfare, rehabilitation and social reintegration of the disabled.
Other measures are designating 9 December of every year as the National
Day for the Disabled, incorporating programs for the welfare and
rehabilitation of the disabled into the curricula of national universities,
establishing a number of rehabilitation centers in various governorates,
extending symbolic financial assistance to each disabled person,
organizing sign language and lip-reading educational programs, and
implementing the social reintegration programs for disabled persons.
III. HEALTH EDUCATIONAL AND RECREATIONAL SERVICES
Health Services
Article 32 of the Constitution of the Republic of Yemen, health
and social services are basic requirements for social development
and progress and are provided through contributions from society
and the State and Article 54 of the Constitution further stipulates
that all citizens have a right to health care.
1. The child's right to health
Since the beginning of the 1990s, the State's concern
for the survival and health of children, as reflected in the general
policies of the Ministry of Health, has led to a reduction in infant
and child mortality and malnutrition.
Yemen has ratified the Convention on the Rights of the Child and
has adopted the National Population Strategy, the targets of which
include a reduction in infant and child mortality and in the incidence
of moderate and severe malnutrition and an increase in the coverage
of immunization against the six diseases that affect children. Additionally,
the incidence of severe and moderate malnutrition has declined in
recent years and amounted to 30 per cent in 1995; the mortality
rate attributable to diarrhea has declined in recent years from
66 per cent in 1990 to 40 % in 1995.
Female circumcision, a tradition that might have been inherited
from some neighboring African States in which it is widespread,
is a rare phenomenon in our country and, therefore, does not warrant
concern as a health hazard since many other health problems that
endanger the lives of children merit higher priority in regard to
research and monitoring.
2. The mother's right to health
The government of Yemen recognizes the fact that the mother's health
has a direct or indirect effect on the health of her children. Since
the under-15 age group constitutes 50.27 per cent of the population,
this means that we are concerned with the health of 75 per cent
of Yemeni society. At all events, however, the maternal mortality
rate remains high, possibly amounting to 1,000 deaths per 100,000
live births.
(a) Prenatal care
According to the 1992 Demographic survey of Maternal and Child Health,
the proportion of these women receiving prenatal medical care amounted
to 21.2 per cent (16.3 per cent in rural and 49.2 per cent in urban
areas) and tetanus vaccinations were administered to 33.4 per cent
of pregnant women in urban areas and 11.4 per cent in rural areas.
(b) Care during childbirth
The findings of the 1992 survey concerning delivery under qualified
medical supervision showed that 11 per cent of newborn children
were delivered by a physician, 5 per cent by a midwife and 8 per
cent without assistance.
3. General strategies, aims and policies
The National Population Strategy includes a plan to reduce the incidence
of contagious and parasitic diseases, particularly among infants
and children, and to improve the nutritional state of health of
citizens in general and especially of those most vulnerable to malnutrition,
such as infants and children, through the provision of health care
and treatment services in all parts of the country. The plan aims
to achieve a tangible reduction in infant mortality rate and mortality
rate among children under 5 years of age, increase in the proportion
of children immunized against the six killer diseases, increase
in the coverage of primary health-care service to 90 per cent, eradication
of poliomyelitis and neonatal tetanus, and the construction of rural
hospitals, health centers and health units in all the governorates.
On the whole, it can be affirmed that the strategies, policies and
objectives concerning the provision of services to safeguard the
health of children, ensure their proper nutrition and protect them
from the diseases that threaten their survival and development,
as set forth in the Convention on the Rights of the Child, are reflected
in the National Population Strategy, the Plan of Action pertaining
thereto, the Five-Year Plan and the sectoral plans of the government
agencies concerned, in which the articles and provisions of that
Convention are taken fully into account. If their implementation
has encountered some difficulties and obstacles, this indicates
that the extent of implementation is commensurate with the objectives
to be attained and is a natural result of the Government's diligent
endeavors to give greater effect to the provisions of the Convention
in a manner consistent with its present situation and aspirations.
B. Educational services and policies
The Republic of Yemen applies the principle of equal opportunities
in regard to education, which is free and compulsory. Article 32
of the Constitution stipulates that the State, together with society,
must contribute to the provision of education, which is a prerequisite
for social development and progress. Article 53 further stipulates
that all citizens have a right to education which the State must
safeguard, in accordance with the law, by establishing various educational
institutions and making basic education free.
1. Pre-school educational institutions (nursery schools and kindergartens)
Education in these institutions is regarded as an ancillary and
necessary means to prepare children psychologically for enrolment
in subsequent stages of education. However, there are some obstacles
including the limited number of existing nursery schools and kindergartens;
low level of family awareness, difficult economic situation, inadequate
financial and technical resources of the existing institutions,
some of which are unable to apply modern educational methods.
2. Basic education
The statistics compiled by the Ministry of Education indicate that
the number of children under six years of age admitted to the first
primary grade is witnessing an annual growth rate of 7 per cent
and the enrollment of children in the age group 6-15 years at the
basic stage of education is also witnessing an annual growth rate
of 7.4 per cent to reach a total of 3.347516 students (2,203,000
male and 1,144,515 female). However, the growth in the proportion
of female students has been relatively slow to constitute only 42%
in comparison with 75,3% in male enrollment.
3. Secondary education
(a) General secondary education
Although the results of the 1994 general census indicated that only
13.5 per cent of the total population in the age group 16-18 years
was receiving secondary education, the general secondary schools
absorb the lion's share, as compared with other branches of secondary
education.
(b) Teacher training institutes
The Government of Yemen recognizes the fact that teachers and teachers’
training is one of the most important prerequisites for the success
of any educational system. Ministry of Education statistics show
that the total student enrolment at these institutes rose from 13,444
in the academic year 1990/91 to 27,745 in 1994/95, representing
an annual growth rate of 19.9 per cent and an overall increase of
106.3 per cent. About 8,000 students of both sexes graduate from
these institutes every year. Enrolment was suspended after the graduation
of the last class in the academic year 1994/95 so that these institutes
could be transformed into two-year post-secondary intermediate colleges.
(c) Technical and vocational education
During the last two decades, the State has given a special importance
to the promotion of this type of education manifested in the creation
of the Ministry of Technical and Vocational Training and the Vocational
Training Fund as well as the formulation of numerous educational
and training programs suited to the needs of the local environment.
However, growth in the enrollment of this type of education has
been slow due to several factors including the negative social stereotypes
attached to vocational education and weak links with development
plans and policies which resulted in low level of employment opportunities
after graduation.
4. Informal education
One of the educational problems facing our country is the high illiteracy
rate which, according to the results of the 1998 Family Budget Survey,
amounted to 49.5 per cent of the total population in the age group
10 years and above. There are also evident disparities between urban
and rural areas. The illiteracy rates in urban and rural areas amount
to 28 per cent and 57 per cent respectively.
One of the aims of the Population Action Plan for 2001- 2005 is
to focus on a program for the eradication of illiteracy in order
to increase the rate of total enrollment to 76.4% (male 92% and
female 59%) by the year 2005.
5. Expenditure on education
Evaluation of expenditure on education as a proportion
of the State's public budget and GNP during the years 1991-2001
(in millions of rials) indicates that such expenditure has risen
from 44070 in 1991 to 507242 in 2001. In the year 2001, the expenditure
on education constitutes 16.13% of the State’s public budget.
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