Investigation: Muhammad Yassin
The UAE has given the child special importance and has put in place laws that include punishing anyone who puts a child at risk, and imprisonment or a fine or both will be his fate.
In some accidents or cases, the guardian is one of those convicted of negligence once morest his son, so is the guardian subject to accountability? What is the penalty for parents neglecting their children, in cases of drowning in swimming pools or on beaches? Are these penalties sufficient, or are there calls for tougher penalties for those who neglected and endangered his son’s life? In the following lines, we review the opinions of specialists.
necessary oversight
Legal Adviser Badr Abdullah Khamis said: The presence of the father in the lives of his children always makes them feel safe and that there is an unrelenting bond, a heart that does not change and a soul that only thinks of them; A father is a support, honor, pride and renewed love, a father who cares for his children, watches them, supervises them and directs them, and takes all means to raise their level in all aspects of religion, moral, psychological, social, scientific, cultural and recreational, and provides them with the appropriate environment to achieve their success and advancement.
He added: Among the duties of the father is not to neglect the children, to preserve their lives, and to take all necessary measures for their physical, psychological, mental and moral safety, and to protect their various rights, the right to life and security.
He added, “While the Child Rights Law is a “Wadeema” that prohibits a child’s caretaker from being ostracized, vagrant or neglected, or accustomed to leaving him without supervision or follow-up, or abandoning his guidance and direction or not doing his affairs, because this is a punishable crime. The law, because negligence is grave harm and imminent danger.
He said: If the child drowns, as a result of the father’s negligence, the law punishes him in accordance with the text of Article No. 60 of the Child Rights Law “Wadima” with a penalty of imprisonment or a fine of no less than 5,000 dirhams, and therefore caution is a duty and provision of security and safety conditions is the responsibility of the father to ensure Son’s life and safety.
wrongful killing
Lawyer Salem Al-Maamari said, “We note in the laws of the state that the UAE legislator was keen to protect the lives of children from every danger they might be exposed to. ), of the Federal Crimes and Penalties Law of 2021, which provides for the punishment of imprisonment and a fine, or one of them, for anyone who accidentally causes the death of a human being, if the children are not distinguished, but if the children are distinguished, but they have not reached the age of majority, the parents are punished for their neglect and their failure to perform their duty of care and care, with lighter penalties stipulated in the Child Law.
And he continued: Here it must be pointed out that our children are in trust in our hands. God Almighty has entrusted our necks with the duty to take care of them and protect them from every danger, so it is not permissible for us to neglect this duty, because these children are the buds of hope for a bright future. Any concern, and then even if they wish to swim, it must be within controls, and under our control and supervision, so that they are not exposed to any danger, especially the risk of drowning, and so that happiness remains a title for family life, safety, health and security is a fortress that protects its children.
Severe punishment
Lawyer Saad Salman demanded toughening the punishment for the guardian who caused negligence that led to the drowning of a child, and said that the UAE had enacted legislation and put in place laws to protect children from dangers, and punished those who neglected or neglected the provision of child protection.
He added that the incidents of children drowning in swimming pools or beaches expose the guardian to legal accountability, for what was required of him to provide means of protection and safety from those risks, and according to the “Wadima” law, the parents or legal guardian are responsible for taking the necessary precautions to protect the children, and to provide means of safety. that ensure the safety of the child.
He continued: According to the text of Article 400 of the Crimes and Penalties Law, the convict of this crime shall be punished by imprisonment if he puts the child at risk, and we look forward to tightening that penalty so that it will be more deterrent to those who neglect to provide means of protection for children in swimming pools or beaches, especially in the season in which frequenting increases. Beaches and places of water entertainment.
safety requirements
Lawyer Omar Al Buraimi said that the UAE is a pioneer in enacting laws that guarantee the protection of children from any danger they may be exposed to, and drowning accidents are one of those dangers that may result from the negligence of the guardian or the child caretaker.
He added that the law did not differentiate between the negligence of the guardian or the person responsible for protecting children in swimming pools and beaches. With unaccompanied children while swimming, for example.
Article (2) of the Child Law states: “The competent authorities and the concerned authorities shall work to achieve the following: 1- Preserving the right of the child to life, survival and development, and providing all necessary opportunities to facilitate this, and to enjoy a free, safe and developed life.
Article (7/1) of it states that “the child has the right to life and security for himself.”
Article (34) “It is prohibited to endanger a child’s mental, psychological, physical or moral safety, whether by abandoning the caretaker or leaving him in a place or care institution without reason, refusing to accept the child from the person responsible for his care, or refraining from treating him and taking care of his affairs.” .
The penalty shall be imprisonment or a fine of no less than (5) thousand dirhams, in accordance with Article (60) of the Child Law.
As for the Federal Crimes and Penalties Law of 2021, Article (393) of the Crimes and Penalties Law states, “Anyone who accidentally causes the death of a person shall be punished by imprisonment and a fine or by one of these two penalties.”
Article (401): “Whoever endangers a child who has not reached seven years of age in a place inhabited by people, whether by himself or through someone else, shall be punished by imprisonment or a fine of not more than 10,000 dirhams.”
