Desk review yemen



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Child Protection


Legal Provisions

M

F

Child Protection Indicator

M

F

Definition of child (age)

no uniformly defined age for a child

Birth registration rates

17%

Child labor rates

21%

23%

Minimum age for work

(UNICEF, 2014)



14


Child marriage (under 18)

32% of women aged 20 - 24 years were first married before 18

Age of criminal responsibility

7

Children in detention

not available

Minimum age of marriage

no legislation

Children in institutional care (UNICEF 2014, est.)

77,000

Age of sexual consent

18

Children living or working on the streets (est.)

30,000

Children with disabilities

(9-2 year-olds, UNICEF)



25%

Children (0-17) orphaned

0.2%

Legal Framework


International Convention

Year of adherence

International Convention

Year of adherence

Convention on the Rights of the Child

1991

ILO Minimum Age Convention

2000

Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflicts

2007

Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labor

2000

Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography

2004

Convention on the Elimination of All Forms of Discrimination against Women

1984

International Convention on the Elimination of All Forms of Racial Discrimination

1972

Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages

1987

National Laws and Policies

Law/Policy

Year

Law/Policy

Year

Constitution (under revision)

Ratified 1991, amended 2001

Law to Protect the Community from HIV

Infection and Protect the Rights of People Living

with HIV


2009

Children’s Rights Law

Reviewed in 2014, pending

Code of

Offences and Penalties






Criminal Prosecution Law (13)

1994

Criminal Code

1994

Labor Law Number 5

1995

Children's Act

2002

Juvenile Justice Law

1992

Amended social status Law Number 24

1999

Citizenship Law number 6

1990






Women and girls in Yemen face severe discrimination in law and in practice. A lack of legal protection leaves them exposed to domestic and sexual violence. The National Dialogue Conference (2013 - 2014) produced many recommendations to strengthen women's and girls' rights. In response, a draft Child Rights Law was submitted to the cabinet, which sets the minimum age for marriage at 18, and provides criminal penalties of between two months and one year in prison and a fine of up to $1,860 for any person who draws up a marriage contract knowing that at least one party is under 18. Any witnesses or signatories to the marriage contract, including the parents or guardians, who know that a party is under 18 face a prison sentence of between one and three months and a fine.2



Social and cultural norms related to child wellbeing and development


Yemen is a nation that is strongly bound by and protective of its traditional and religious beliefs and customs. This is true at a national, institutional, local and household level. Parents and community look at a child as an adult; so the child bears bigger responsibilities compared to his/her age. Children are often required to adhere to strict social norms while still developing physical and psychological maturity. Due to social acceptance and perceived necessity, children are required or obliged to assume adult responsibilities. There is a difficulty in recognizing children’s entitlement to special protection appropriate to their physical and psychological maturity. Yemen’s rich cultural heritage also means that such norms may vary regionally. The large local variations affect, for example, the practice and prevalence of FGM/C.3
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