Child Rights Law (Law No. 21 of 2021)

The Child Rights Law of 2021 codifies many of the basic rights and principles relevant to children, including the principle of the best interests of the child. Other laws—such as the Personal Status Law, the Civil Status Law, the Labor Law, and the Juvenile Offenders Law—stipulate these rights in greater detail.

The Child Rights Law introduces a wide range of legislative protections for children, many of which reflect relevant provisions and State obligations in the Convention on the Rights of the Child (CRC). It also expressly prioritizes acting in the best interests of the child in all decisions and procedures relating to the child, regardless of who makes those decisions (Articles 1-2, Child Rights Law).

The Child Rights Law is an important source of legal protections for children but must be read together with the more specific laws on certain thematic issues of law. While the Child Rights Law sets out the general principles and protections available to children in Syria, other laws set out the specific rules, requirements, and criteria for particular areas of law. For example, the Personal Status Law sets out in detail the rules governing family relations, including marriage, guardianship, custody, paternity and inheritance rights while the Child Rights Law refers to overarching family rights. The Juvenile Delinquents Law sets out details of the treatment of children in the criminal justice system while the Child Rights Law sets out the basic principles of correctional justice for children.

While both parents have responsibility for the upbringing of the child, the mother has a greater formal role under the concept of ‘hadana’ in Sharia law, which involves custody of the child and daily care and responsibility, including raising the child and attending to daily needs. Children no longer require a custodian after the age of 15, when they can decide which parent to live with if the parents are separated. In contrast to the responsibility of raising the child, legal guardianship or ‘wilaya,’ typically rests with the father. The guardian is the legal representative of the child and is responsible for major life decisions, as well as the child’s legal status and financial affairs.

The state guarantees the protection of a child from being trafficked in any form (Article 47(a)).

The definition of trafficking includes the recruitment, transfer, abduction, deportation, harboring or receipt of persons, for the purpose of using them in unlawful acts or purposes, in exchange for material or moral gain, promises, or other benefits (Article 4, Legislative Decree No. 3 of 2010 on Prohibition and Combat of Trafficking in Persons “Trafficking Prohibition Law.”) Trafficking can take place not only through violence, force, or the threat of force but also through persuasion, exploitation of ignorance or vulnerability, by fraud, deception, the abuse of power, or providing assistance for those having authority over the victim (Article 4, Trafficking Prohibition Law). Sexual exploitation of children is also considered to be trafficking.

Critics of the law argue that while the new law has articles that appear to show human rights progress, the implementation of this law has fallen short.[1] The Syrian government has shown a disregard for child protection and rights over the over the course of the Syrian Civil War, including via arrests, torture, and airstrikes, that have adversely impacted children.[2]

[1] For example, see “The New Child Rights Law in Syria will not protect children,” Syria Justice and Accountability Centre, October 7, 2021, https://syriaaccountability.org/the-new-child-rights-law-in-syria-will-not-protect-children/.

[2] Ibid.