27 Jul 2024
INTRODUCTION
Domestic violence is a global concern that
knows no boundaries, affecting individuals regardless of their age, gender,
race, or socio-economic status. Domestic Violence can be divided into four
different categories namely physical abuse, psychological abuse, sexual abuse
or material abuse. The United Arab Emirates (UAE) recognizes the significance
of safeguarding the rights and well-being of domestic violence victims.
Therefore, the government of UAE has taken major strides to address this issue,
acknowledging the necessity of victim protection and offering assistance to
families in crises. This article shall provide an insight into the UAE's
domestic abuse legislation and support structures that aim to protect domestic
violence victims and promote family well-being.
UAE LAWS AGAINST DOMESTIC VIOLENCE
The UAE has enacted a number of laws and
regulations to combat domestic abuse and protect victims by implementing
comprehensive laws that criminalize such behaviour:
I. Federal Law Number 35 of 1992:
UAE's Federal Law Number 35 of 1992 serves as
a significant precursor to addressing the issue of domestic violence within the
country. Although the
specific term "domestic violence" may not be explicitly defined in
this particular legislation, the law encompasses provisions that lay the
groundwork for protecting individuals within familial relationships from harm
and mistreatment. It empowers law
enforcement agencies to intervene and take appropriate action against those who
perpetrate abuse. This authorization ensures that victims have a means of
recourse, thereby promoting a safer environment for individuals within
households. By enabling law enforcement to respond effectively to complaints,
the law acts as a deterrent against abusive behavior and sends a clear message
that domestic violence will not be tolerated within the UAE's legal framework.
II. Federal Law Number 28 of 2005:
UAE's Federal Law Number 28 of 2005 represents
an instrumental development in the legal landscape concerning domestic
violence. This law, also known as the "Personal Status Law," is
specifically tailored to address family matters, including instances of
domestic abuse. While not exclusively centered on domestic violence, its
provisions contribute to the protection and well-being of individuals within
family settings. By addressing matters related to marriage, divorce, custody,
and guardianship, the law indirectly aims to prevent and address domestic
violence issues that might arise within these contexts. It underscores the
importance of maintaining familial harmony and safeguarding the rights of all
family members, particularly those vulnerable to abuse. The law provides an
avenue for victims to seek divorce or separation if they find themselves in
situations where abuse jeopardizes their bodily or emotional health. This
provision reflects the UAE's commitment to ensuring the safety and autonomy of
individuals within familial settings. By enabling victims to take legal action
in cases of abuse, the law acknowledges the significance of preserving their
well-being and offers a means to escape harmful environments.
III. Federal Law Number 3 of 2016:
UAE's Federal Law Number 3 of 2016
acknowledges the critical issue of domestic violence within the framework of
family dynamics. The law reflects the nation's commitment to addressing this
concern by introducing measures that aim to prevent and counteract instances of
domestic violence. The law defines domestic violence as encompassing physical,
psychological, sexual, or economic abuse committed by one family member against
another, emphasizing the need to protect individuals within familial
relationships from harm and mistreatment. In response to the imperative to
combat domestic violence, UAE's Federal Law Number 3 of 2016 outlines a range
of measures. These measures include provisions for protection orders that
restrict the perpetrator from contacting or approaching the victim, emergency
protective orders that can be swiftly issued in urgent situations, as well as
counseling and rehabilitation programs designed to support both victims and
perpetrators. Moreover, the law underscores the seriousness of domestic
violence by imposing criminal sanctions, including fines and imprisonment, for
those found responsible for such actions.
IV. Federal Law Number 10 of 2019:
In 2019, the UAE introduced Federal Law Number
10 of 2019 concerning safeguarding against domestic violence. This legislation
grants legal safeguards to individuals affected by domestic violence and
establishes strategies to prevent and counteract such instances. Within
this statute, domestic violence is described as "any conduct or action
resulting in harm or the infliction of physical, psychological, sexual, or
economic abuse, or the impending threat of such harm, carried out by a family
member against another family member." The law presents a variety of
actions to tackle domestic violence, which encompass:
i.
Protection
directives that restrict the offender from making contact with or approaching
the victim, or accessing specific locations;
ii.
Swiftly
applicable emergency restraining orders for situations demanding immediate
action;
iii.
Programs
designed for counselling and rehabilitation, aimed at both victims and
offenders of domestic violence;
iv.
Legal
consequences, involving fines and imprisonment, for those responsible for
domestic violence; and
v.
Initiatives
focused on education and awareness campaigns to avert instances of domestic
violence.
VICTIM SUPPORT MECHANISMS
Recognizing that legal provisions alone are not sufficient, the UAE has established a range of support mechanisms to assist domestic violence victims and their families:
i.
Protection
Orders: The courts in
the UAE have the jurisdiction to issue protection orders, which are an
important tool in preventing abusers from approaching or contacting victims.
These orders may include prohibiting abusers from entering certain locations,
such as the victim's home or workplace, in order to ensure the victim's safety
and peace of mind.
ii.
Safe
Houses and Shelters:
Safe houses and shelters have been established as a result of collaborative
efforts between the UAE government and several non-governmental organizations.
Domestic violence victims can find refuge in these facilities, which include
temporary housing, psychological services, legal advice, and educational
assistance. These comprehensive facilities recognize that dealing with domestic
abuse needs not only legal action, but also holistic support.
iii.
Counseling
and Psychological help:
Recognizing that the scars of domestic abuse can extend beyond the physical
realm, the UAE offers counseling and psychological help. By addressing victims'
emotional trauma, the country contributes to their healing and overall
recovery. This crucial support system is actively supported by government
institutions and non-profit organizations.
iv.
Legal Aid: Recognizing that navigating legal processes
can be difficult for victims, the UAE makes legal aid available through both
government-sponsored initiatives and non-governmental organizations (NGOs).
This provision ensures that victims have access to legal counsel throughout
their legal proceedings, so leveling the playing field.
v.
Public
Education Campaigns:
In addition to legislation and support services, the UAE conducts public
education campaigns to promote awareness of domestic abuse, its effects, and
the resources accessible to victims. These efforts serve two purposes: they
encourage victims to come forward and they help to create a society that
condemns all forms of abuse categorically.
CONCLUSION
The UAE's dedication to safeguarding victims of domestic violence is obvious in its broad legislative framework and well-established assistance facilities. These measures not only assure victims' safety and well-being, but also send a clear message that domestic violence will not be accepted. The UAE is working to establish a society that recognizes and protects the dignity of every individual, encouraging healthy family dynamics and social cohesion by constantly raising awareness and strengthening support services.
For more information on relevant laws, please visit our page on Criminal Law.