Juvenile Welfare Law

The Juvenile Welfare Law was adopted in 1992 and was subsequently amended in 1997. In 2000, the Yemeni parliament issued legislation No. 380, which included the Executive List for Juvenile Welfare, concerned with the social workers’ qualifications and associated provision to those working with juveniles. In 2003, the Yemeni parliament issued legislation No. 28, which established specialized courts for juveniles in Yemen.

Although the law does not explicitly mention issues related children and armed conflict, the overarching aim of the law is to address factors that heighten children’s vulnerabilities (e.g., unaccompanied/separated/neglected children) that place children at higher risk of being impacted by grave violations, such as recruitment and use of children, or other forms of exploitation. The law also aims to establish protocols for effectively integrating juveniles and children at risk into society via vocational training, which is a common approach in working with children associated with armed forces or groups.

The Juvenile Welfare Law is composed of 51 articles divided into 3 chapters, described below:

1- Key Identifications, risk factors, and provisions (Chapter 1): Among other measures, defines juveniles as “[a]ny person under the age of 15 years old.”

2- Specific applications, measures, and penalties (Chapter 2): Discusses specific applications of the juvenile welfare system, including the court system, law enforcement procedures/detentions, trial/legal processes, sentences, and penalties. Also discusses alternative detention methods (e.g., probation, counseling, and vocational training).

3- Closing chapter, protection, and miscellaneous articles (Chapter 3): Addresses protection of juvenile children in detention and through prosecution (includes issues related to conditions in detention facilities, as well as gender considerations).

In terms of implementing this law in Yemen, even before the 2015 conflict, high illiteracy and poverty rates, as well as a very fragile legal infrastructure, constitutes persistent challenges. After the escalation of the conflict in 2015, the conflict crippled the already fragile Yemeni justice system and its supporting infrastructure, adding the compounded challenges of increased access restrictions to legal aid, the further rise of poverty rates, magnified influence of tribal norms in conflict with constitutional laws, and lack of rehabilitation capacity. Consequently, in Yemen, juvenile children have been increasingly exposed to risk factors, and various forms of exploitation and abuse, including grave violations.[1]

[1] For more information about these issues, see generally “Information Note: 4th periodic report of Yemen 65th session of the United Nations Committee on the Rights of the Child,” Defence for Children International, https://defenceforchildren.org/wp-content/uploads/2015/05/CRC_Yemen-State-Review_January-2014.pdf.