Legal Flash

24/09/2019 Justice, safety and the law | Senior Prosecutor / Dr. Saeed Balhaj

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Do you know that failure to enroll a child in an educational institution during compulsory education stage by a custodian is a punishable offense?

UAE legislator guarantees the right of education for children . Education is compulsory in the United Arab Emirates as provided for in articles 1 and 2 of the Federal Act No. 11 of 1972 concerning compulsory education by deciding that education shall be compulsory at the primary stage , it shall begin at the primary stage from the age of six according to the child date of birth, and the obligation shall remain in effect for the period prescribed by administrative structures and regulations . The Ministerial  Decree No. 820 of 2014 concerning the regulation  of students' registration is stipulated in Article 3 that: "Education shall be compulsory for males and females in accordance with the provisions of the applicable law in that regard and decisions issued thereto. Article 14 of the same resolution stipulates that the student's custodian is obliged to submit a pledge to the school on the approved form confirming his awareness of the provisions of the compulsory education law and the decisions issued pursuant thereto, and undertakes to continue sending the student to school during the compulsory education stage. In case of contravention , he shall bear the penal consequences according to the laws and regulations. 

But do you know that contravening that obligation by the custodian is a punishable offense? 

The federal legislator stipulated in Article 35 of the Federal Law No. 3 of 2016 on the Rights of the Child (WADEMA) states that : " It shall be prohibited for the custodian .. not enrolling him/her at an educational institution or leaving him/her without education during the compulsory education stage without due reason. " , The prohibition includes non-enrollment in educational institutions as well as abandonment in case of dropout during compulsory education stage with no reason , it should be noted that the custodian of the child , according to the law, is the person who is legally responsible for the child or who is entrusted with the care of the child.

The legislator decided to punish that act by stipulating article 60 of the same law with imprisonment or a fine not less than five thousand dirhams.


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1 Comments

Question Migration Commented on 25/09/2019

This is great, however how is this applied? Who will follow children left out without schools?


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