Publications / Criminal Law

criminal law


August 29, 2016



No Jobs with Children for Child Abuse and Pornography Offenders: UAE Law

People convicted of sexual assault or child pornography cannot be employed in jobs that place them in contact with children or involved in any activity involving kids up to the age of 18 years, as part of wide-ranging child protection measures detailed in Wadeema's Law.

In a detailed Child Protection Measures section, federal authorities and local authorities have been asked to set "necessary controls and procedures in relation to child safety in public and entertainment spaces as well as public transport."

As a consequence of the law effective from June, employers will need to conduct thorough background checks on staff, legal experts said.

The Ministry of Social Affairs will keep a confidential register of people involved in child mistreatment cases that can only be accessed with consent from the court or public prosecutors.

As a consequence of the new law, employers need to conduct thorough background checks on their staff, according to legal experts.

"They will be liable and will have the liability of a higher sentence if they do not report any offence against children," said Hassan Elhais, a lawyer at Al Rowaad Advocates and Legal Consultancy. He urged companies to hold regular educational and awareness sessions for employees.

"A good record is a good sign but it does not mean that the person will not commit a crime. They will need to check backgrounds of their members, monitor and watch them doing the work. The real guarantee for any corporate would be by watching their members, teaching them how to deal with children and educating them in case there is any breach of the Child Protection Law."

Relatives, caregivers, health workers, teachers or officials who do not offer assistance to a child and fail to notify authorities about child abuse cases can be fined up to Dh50, 000.

The law also states that a person convicted of child sexual assault may not live within a five-kilometre radius of the victim's residence.

A person convicted of sexual assault against a child can only be released after a psychological test ascertains they are not a social risk.

If safety cannot be guaranteed, the law asks the court to order their placement in an asylum after they complete their sentence, said Jassim Al Hosni, the first judge of appeal in Dubai Courts.

School bus companies welcomed the new law. "This sort of stringent law is very important when we look at staff members who manage a large number of students," said ML Augustine, managing director of the School Transport Services, Dubai's largest operator of school buses, which serves about 45,000 pupils.

The company conducts background checks on job applicants by contacting their former employers and the police in their home country.

The Roads and Transport Authority or the Department of Transport then initiates a criminal background check before issuing a school bus driving license.

"Once we register the person's information with the RTA or DOT, it takes a month to get approval for anyone involved in school transport whether a bus driver or attendant.

Only then can the person be provided training or given a license for a school bus. We welcome strict checks to ensure the safety of children."

Clear definitions of abuse, what constitutes child pornography and a child's rights will aid the judiciary to resolve cases.

"By contemplating these definitions, we notice their key role in helping the judge as they delimit every term for a sound implementation of the law," Judge Al Hosni said.

Among the main objectives outlined by the law for federal and local governments to achieve is to safeguarding a child's interests by protecting his right to live and develop safely away from neglect, abuse, maltreatment or physical and psychological violence.

"By contemplating these objectives, we notice that the law seeks to create an environment where the child's interests are prioritised in protecting the future of the family and community as the responsibility of a child falls upon individuals and governments alike," he said.

Want to know more?
Then talk to us.

Client Testimonials

I owe the success of my case to Dr. Hassan's diligent approach. He remained focused, put me at ease and always went the extra mile. Dr. Hassan tirelessly put my case in the best possible light and I cannot thank him enough. I would highly recommend Dr. Hassan - I am grateful to him from the bottom of my heart.

Raphael Lauria
Manager, FME General Trading

Dr. Hassan Elhais is among the best legal consultants I have ever worked with. He has an amazing ability to reduce complex issues into a simple concept that non-legal people can understand. He consistently develops innovative litigation strategies that help us to achieve our ultimate legal goals.

Zhuo Liu

...the extraordinary effort that has been exerted by the staff, and we specially thank Dr. Hassan Mohsen Alhais. Wishing your continues success & excellence...

H.H. Sheikh Saeed Bin
Mohammed Hashir Al Maktoum

I believe everyone should recognize what a difference Dr. Hassan Elhais work has made to people's lives; and especially to our family's life, because we will remain forever grateful to each and every one of his team.

Luis Pozueco

Dr. Hassan Elhais never fears cases that involve exposure and he always gives me his honest assessment of our chances of success, which is invaluable to me.

Bassam Yamout
Director, JM Metal Trading LCC

He aided us not only in providing legal advice but also in all legal issues that required a long term strategic approach to achieve most favorable and optimum outcomes he provided us with high level of professional service.

Philippe Delbecq

Dr. Hassan Elhais is a responsible, reputable counsel who operates to high levels of service.

Anil Relwani
Manager, Luxury Real Estate

Dr Hassan Elhais is responsive, thorough and creative with his advice, and is a valued advisor and legal consultant.

Asma Mattar
Manager, Italian Style

Regardless of the complexity of the matter I know Dr. Hassan Elhais will consider not only legal strategy but also business practicalities in providing advice and litigation options.

Dr. Massimo Hakim
Chairman, Italian Style

I recommend Dr. Hassan Elhais to anyone who says 'I'm in legal trouble'. I was extremely satisfied with the high standard of his work. He has always been there when I have needed him and I refer all my clients, family and friends to him/his firm.

Manish Gupta
Marketing Manager, Express Digital System

Dr. Hassan Elhais was very professional and he listened to my needs. He was very prompt, efficient and always kept me informed. Dr. Hassan Elhais's service was excellent and I would definitely recommend him to friends and colleagues.

James Horsley
British Client

Contact Me

Main Menu

Contact Me