CHILD RIGHTS SITUATION ANALYSIS: YEMEN 2012

Convention on the Rights of the Child (Convention)
in February 1990, significant progress has been made
in promoting, protecting, and fulfilling child rights.
Legislative progress has been achieved, most significantly
with the adoption of the Child Rights Act No. 45 of
2002, the first comprehensive legislative framework
concerning the rights of the child in Yemen. Yemen
has also acceded to the two Optional Protocols to
the Convention on the Sale of Children, Child
Prostitution and Child Pornography (OPSC) and on the
Involvement of Children in Armed Conflicts (OPAC).
Existing national legislation however still does not fully
reflect the principles and provisions of the Convention,
in particular the principles of non-discrimination
(Article 2), the best interests of the child (Article
3), inherent right to life (Article 6), and respect for
the views of the child (Article 12). Incompatibilities
between existing national legislation and Convention
exist moreover with respect to the legal definition of
the child, (minimum age for criminal responsibility,
minimum age to enter the armed forces, and minimum
age for marriage), family law, and the administration of
juvenile justice. The Higher Council for Motherhood
and Childhood (HCMC), based on a legislative review,
has proposed amendments to 11 out of 14 laws with
articles relating to children, including the Child Rights
Act, Juvenile Justice Act Number 24 of 1992, the Penal
Code Number 12 of 1994, and Personal Status Law
Number 20 of 1992. The proposed amendments were
submitted to the House of Representatives in 2007 and
still await their approval. The process of harmonisation
of national legislation in line with the Convention is yet
to be completed, hindering the effective implementation
of provisions of the Convention and its two Optional
Protocols.

CHILD RIGHTS SITUATION ANALYSIS: YEMEN 2012