Yemeni Constitution

The Yemeni constitution is the foundation of citizens’ rights and responsibilities in Yemen. The constitution was established in 1991, a year after the Yemeni Unification in 1990, and was subsequently amended during 1994-2001.

The constitution is composed of 162 articles spanning 5 chapters that address the following themes:

1- Founding principles (Chapter 1): Lays the groundwork for the Yemeni state, including issues such as identity, the source of law, and political economic frameworks.

2-Rights and responsibilities (Chapter 2): Outlines the rights and responsibilities of Yemeni citizens, highlighting state and societal rights/obligations, such as national defense service.

3- Governance and structure (Chapter 3): Details the organizational structure and functions of the governing bodies in the country.

4- National identity (Chapter 4): Details the key country symbols (including the flag, national anthem, and emblem).

5- Amendments and general provisions (Chapter 5): Outlines the mechanisms and roadmaps required to amend the constitution and also includes provisions related to implementation.

Regarding linkages to the ‘Children and Armed Conflict’ agenda, several articles in the constitution explicitly address the protection of rights for mothers, children, and youth. The constitution explicitly guarantees equality to all citizens, including children (Articles 30, 41, and 48). Furthermore, the constitution grants the right to education to all citizens (Article 54), with an emphasis on the state’s obligation to care for children’s education. In Articles 29 and 36, there is an explicit mention that the right to establish armed forces is reserved for the government and that any imposed or forced work, unless it is established by the law, is prohibited. These provisions can be interpreted as a prohibition on recruitment and use of children, as it explicitly prohibits the formation of non-state armed groups and prohibits forced labor and recruitment of children.

However, governing entities in Yemen have faced implementation/accountability challenges, even prior to the 2015 conflict, due to a range of issues that include corruption and socio-political factors. The armed conflict has further exacerbated this pre-existing deterioration of legal, military, and other key country institutions