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Qatar[1] [print]

Last edited: December 2005

 

Summary and Analysis

 

We were unable to find any statutory provisions that speak to Qatar's implementation of Article 12 of the Convention on the Rights of the Child (CRC) with respect to the child's right to be heard in child protective proceedings.  Additionally, we have been unable to find any laws detailing the existence and procedures of a child protective system. 

 

Qatar ratified the CRC in April of 1995 with a general reservation against all provisions not compatible with Islamic Law.[2]  Qatar's constitution provides that some treaties upon ratification and publication have the force of law in Qatar, whereas others, including those involving the public and private rights of citizens come into force only when issued as a law.[3] It is thus unclear what force in the law, if any, the CRC has.

 

Qatar does mention, in its report to the Committee on the Rights of the Child, that in a child custody context, the court customarily has the right to seek and weigh the child's views on whether he would like to remain in the custody of one of his parents. [4] However, no information is provided about the child's right to be heard in child protective proceedings.

 

Qatar's promulgated its first written Constitution in June 2004 and the Constitution entered into force in June 2005.[5]  The Constitution does make reference to the State protecting the child from neglect.  However, we have been unable to locate any more specific laws to that end, including laws about protective proceedings or laws in accordance with Article 12 of the CRC.

 

Despite our best efforts, we were unable to locate a contact person in Qatar.

 

Related Sources of Law (In Order of Authority)

 

Constitution

 

Constitution[6]

 

Article 22 
The State shall provide care for the young, and protect the same from corruption, exploitation, evils of physical, mental and spiritual neglectů

 

International Law

 

Convention on the Rights of Child[7]

 

Article 12

1. States Parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child.

2. For this purpose, the child shall in particular be provided the opportunity to be heard in any judicial and administrative proceedings affecting the child, either directly, or through a representative or an appropriate body, in a manner consistent with the procedural rules of national law.

 

Additional Resources and Links

 

http://www.scfa.gov.qa/ - Supreme Council for Family Affairs

 



Endnotes

[1] This page is also available as a .pdf Document, and Word Document.

[2] Convention on the Rights of the Child, Ratifications and Reservations, Office of the United Nations High Commissioner for Human Rights, http://www.ohchr.org/english/countries/ratification/11.htm.

[3] Const. of Qatar (2003), ¶68, available  http://www.oefre.unibe.ch/law/icl/qa00000_.html, and also here, and also as .pdf Document, and also as Word Document.

[4] Committee on the Rights of the Child, Initial reports of States parties due in 1997, Addendum: Qatar, ¶ 29, U.N. Doc. CRC/C/51/Add.5 (Jan. 11, 2001), available http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/2dec2c6aed71c1a3c1256a4d00386965?Opendocument, and also here, and also as .pdf Document, and also as Word Document.

[5] Arab Political Systems, Qatar, available here, and also as .pdf Document, and also as Word Document.

[6] Const. of Qatar, supra note 2.

[7] G.A. Res. 44/125, U.N. GAOR, 44th Session, Supp. No. 49, U.N. Doc. A/44/736 (1989), entered into force Sept. 2, 1990, available at http://www.ohchr.org/english/law/crc.htm. Unsure what force in the law, if any, the CRC has and in what order of authority.

 

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