Law No. 5 of 1997 on Childhood Protection

The law defines a child as anyone under 16 years old, including fetuses (Article 1), and aims to enhance their rights in areas such as health, education, and protection against physical and psychological abuse. Health facilities are obliged to perform medical examinations on newborns to ensure that they do not suffer from any genetic or natal that could cause of disability (Article 4), and to provide them with necessary vaccinations free of charge (Article 5). Failure to offer such vaccinations is considered child abuse and is punishable under the Penal Code (ibid).

Additionally, the law mandates compulsory primary education for all children (Article 9) and prohibits child labor, except for teaching a craft and the child wishes to do so (Article 10). 

Furthermore, the law established the Higher Committee for Children, which prepares necessary plans and programs regarding child care, reviews, develops existing childhood-related legislation, provides opinions on proposed laws and decisions, and suggests new laws and decisions (Article 12).

The law also allows the postponement of the execution of custodial penalties for pregnant and breastfeeding women for a period not exceeding one year after birth, unless the committed crime affects State security (Article 3).

The below decrees further elaborated the establishment and formation of the Higher Committee for Childhood:

• Decree no. 159 of 2018 establishing the Higher Committee for Childhood (AR): With this decree, the Libyan Presidential council established the Higher Committee for Children under the Council of Ministers (Article 1), which aims to improve the situation of childhood in the country. The Committee consists of a president and members representing various ministries, governmental institutions, and civil society organizations (Article 3). The Committee is responsible for policy-making, supporting childhood institutions, monitoring and evaluating the legal framework, conducting research studies, collaborating with international and regional organization, and implementing international conventions related to child protection (Article 2).
• Decree No. 1441 of 2018 on the Formation of the Higher Committee for Childhood (AR): This decree names the members of the Higher Committee for Children, which consists of a president and representatives from the ministers of Social Affairs, Health, Education, Interior, Justice, Labor, Foreign Affairs, Planning, Culture, Islamic Affairs, as well as representatives from civil society organizations as members.
• Decree No. 480 of 2020 on Approving the Organizational Structure of the Higher Committee for Childhood. (AR): This decree approved the organizational structure of the Higher Committee for Childhood, and it includes various offices, such as the President, Secretary-General, Legal Affairs, Internal Audit, Administrative and Financial Affairs, Strategic Planning, International Cooperation, and Information and Awareness. The decree also outlines the terms of references for each office to prevent the overlap among them.