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Qatar - Consideration of reports submitted by States parties under Article 44 of the Convention: Initial reports of States parties due in 1997: Addendum [2001] UNCRCSPR 3; CRC/C/51/Add.5 (11 January 2001)
UNITED NATIONS
|
|
CRC
|
|
Convention on the Rights of the Child
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Distr. GENERAL
CRC/C/51/Add.5 11 January
2001
ENGLISH Original: ARABIC
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COMMITTEE ON THE RIGHTS OF THE CHILD
CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES
UNDER
ARTICLE 44 OF THE CONVENTION
Initial reports of States parties due in 1997
QATAR
[29
October 1999]
CONTENTS
Paragraphs Page
INTRODUCTION 1 - 14 3
I. GENERAL IMPLEMENTATION MEASURES . 15 - 19 4
Article 4
15 4
Article 42 16 - 18 4
Article 44 19 5
II. DEFINITION
OF THE CHILD 20 - 21 5
Article 1 20 - 21 5
III. GENERAL
PRINCIPLES 22 - 30 5
Article 2 22 5
Article 3 23 -
27 5
Article 12 28 - 30 6
GE.01-40148 (E)
CONTENTS (continued)
Paragraphs Page
IV. CIVIL RIGHTS AND FREEDOMS 31
- 69 7
Article 7 31 - 34 7
Article 8 35 - 42 8
Article 13
43 10
Article 14 44 - 47 10
Article 15 48 - 50 11
Article 16
51 - 52 11
Article 17 53 - 55 11
Article 37 56 - 69 12
V. THE FAMILY ENVIRONMENT AND ALTERNATIVE CARE 70 - 84 14
Article 5
70 14
Article 9 71 - 72 14
Articles 18, 19 and 20
73 15
Articles 10 and 11 74 15
Article 27 75 15
Articles 20
and 21 76 15
Article 25 77 15
Article 39 78 - 84 16
VI. HEALTH AND BASIC CARE 85 - 125 17
Articles 6, 18, 23, 24 and 25
85 - 99 17
Article 23 100 19
Article 24 101 -
125 21
VII. EDUCATION, LEISURE AND CULTURAL ACTIVITIES 126 -
155 26
Article 28 126 - 133 26
Article 29 134 -
138 26
Article 31 139 - 155 27
VIII. SPECIAL PROTECTION
MEASURES 156 - 202 31
Articles 22, 38 and 39 156 - 159 31
Article
37 160 - 187 31
Article 39 188 35
Article 32 189 -
192 36
Article 33 193 - 197 36
Article 35 198 - 199 37
Article
34 200 37
Article 30 201 - 202 37
Introduction
- The
State of Qatar gained its independence in 1971 and became a member of the
United Nations in September of the same year. Situated
between latitudes
24° 27´ and 26° 10´ north and longitudes 50° 45´
and 51° 40´ east, Qatar
lies midway along the western coast of the
Arabian Gulf. A peninsula with a number of islands that extends northwards into
the Gulf,
it is some 160 kilometres in length from the south to the extreme
north. Including the islands, it has a total area of 11,427 square
kilometres.
- Qatar
adjoins the Kingdom of Saudi Arabia in the south and the United Arab Emirates in
the south-west and is divided administratively
into 10 municipalities: Doha,
Rayyan, Wakrah, Umm Silal, Khur, Shamal, Ghuwairiyah, Jumailiyah, Jaryan
Al-Batina and Umm Said.
Its largest cities are Doha, the political
capital, and Umm Said.
- Qatar
is generally characterized by a flat landscape, with the exception of some low
hills to the north-west and a few scattered sandstone
hills, the highest of
which are the Dukhan heights, standing at 35 metres.
- Qatar
is also characterized by a hot summer lasting from June until mid-September and
a warm winter with little rainfall lasting until
the end of
February.
- Economically,
the State is reliant on the production of oil and natural gas and the
North Gas Field discovered in 1971 is one of the
largest non-associated gas
fields in the world. The State enjoys a good reputation in the structural
industries such as iron, steel,
petrochemicals, natural gas liquefaction,
chemical fertilizers, cement and organic fertilizer, as well as in the food
industry, furnishings,
detergents, rubber and the processing industries,
etc.
- In
1997, the gross domestic product at current prices stood at 33,464 million
Qatari riyals, total government revenues amounted to
QR 13,516 million and
overall expenditure reached QR 16,362 million, of which QR 711 million were
spent on the Ministry of Public
Health (including the Hamad Medical Foundation)
and QR 1,118 million on the Ministry of Education.
- According
to the most recent census, conducted in March 1997, the population of Qatar
stood at 526,427 persons, of whom 345,146 were
male and 181,281 were female.
Generally speaking, population growth has been based on the high growth
witnessed in various aspects
of the country’s life and the attendant
increase in demand for labour. This phenomenon, however, has not affected the
educational
and health services available to the population or any other service
facilities.
- In
1997, the total number of live births amounted to 10,447, of which 5,231 were
males, 5,216 were females, 10,264 were hospital births
and 6 were home
births.
- The
total number of stillbirths was 55, of which 31 were males and 24 were females.
There were 97 miscarriages, the cause of which
was unknown in 60
cases.
- The
total number of deaths amounted to 1,060, of which 736 or 69.4 per cent were
males and 324 or 30.6 per cent were females, attributable
to the fact that males
outnumber females.
- There
were 128 infant deaths, representing 12.1 per cent of all deaths. The mortality
distribution pattern is consistent with the
standard international pattern, with
the exception of some individuals in the under-20 age group, possibly due to
misreporting of
the age of the deceased.
- According
to the International Statistical Classification of Diseases and Related Health
Problems produced by the World Health Organization
(WHO), in which causes of
death are coded and classified, over one third of deaths (34.6 per cent)
occurred as a result of diseases
of the circulatory system and 16 per cent
occurred as a result of accident or injury. Tumours were the third major cause
of death
(12.5 per cent) and in 5 per cent of cases the cause of death was
unspecified. Specific perinatal conditions were the cause in 5.2
per cent of
all deaths.
- In
the period 1988-1997, only one case of maternal mortality occurred in each of
the years 1994, 1996 and 1997.
- We
shall now turn our attention to the efforts exerted by the State of Qatar in its
endeavours to ensure respect for, and compliance
with, the rights provided for
in the Convention.
I. GENERAL IMPLEMENTATION MEASURES
Article 4
- The
State of Qatar is diligently taking every measure to guarantee the economic and
social rights of the child to the maximum extent
permitted by the resources
available to it in this connection. In this respect, we refer to Qatar’s
resolute determination
to provide an information network on children in order to
collate scattered indicators with a view to addressing all the fields covered
by
the Convention. The State has begun taking initial steps to establish a
comprehensive information systems network and provide
the mechanisms required
for regular monitoring of the situation of all categories of children, turning
for assistance to the United
Nations in order to obtain the necessary
technical advice from its experts.
Article 42
- In
accordance with the provisions of article 42 of the Convention, Qatar has
circulated the text of the Convention to all the ministries
and government
departments responsible for safeguarding the rights of the child, and
particularly to the Supreme Council for Family
Affairs.
- Although
the provisions of the Convention have not yet been incorporated in the school
curricula, the Ministry of Education encourages
their dissemination through
festivities held in schools and on the occasions of Mother’s Day and
Children’s Day, as well
as on other special occasions such as United
Nations Day and the anniversary of the Universal Declaration of Human
Rights.
- The
Ministry for Foreign Affairs and the Supreme Council for Family Affairs also
send a number of their staff to attend the courses
organized by the regional
offices of the United Nations Children’s Fund (UNICEF) for training
in preparation of the reports
to be submitted to the Committee on the Rights of
the Child pursuant to the Convention.
Article 44
- A
copy of this report was circulated for comment to all government authorities
concerned with maternal and child affairs. Copies
were also circulated to all
voluntary organizations operating in the field of the rights of the
child.
II. DEFINITION OF THE CHILD
Article 1
- Qatar’s
legislation defines the child as any person below the age of 18 years and is
therefore consistent with the provisions
of the Convention.
- The
Penal Code sets the age of criminal responsibility as
follows:
1. There shall be no criminal responsibility for any
act perpetrated by a minor under seven years of age;
- If
the minor is over seven but under 18 years of age, he shall not be held
criminally responsible unless he is sufficiently mature
in awareness to judge
the nature or consequences of the act which he perpetrates.
The
Penal Code makes no distinction between girls and boys in regard to the age of
criminal responsibility.
III. GENERAL PRINCIPLES
Article 2
- Children
in Qatar enjoy the rights set forth in the Convention, without discrimination of
any kind. There are no legislative acts
which permit discrimination as to race,
colour, sex, language, religion or other status. In fact, the official records
of the State
authorities contain no complaints alleging discrimination on any
ground. Qatar regards non-discrimination as an important principle
of the
Convention and is striving to formulate child-related policies on that
basis.
Article 3
- The
principle stipulated in article 3, namely that the best interests of the child
shall be a primary consideration, is reflected
in the Basic Law, equivalent to
the Constitution, article 7 of
which provides that: “The family is the basis of society ... the law
shall regulate the means to protect the family from all
elements of
vulnerability, consolidate its structure, strengthen its ties and safeguard
mothers and children within its bosom.”
- The
Basic Law also stipulates that the State shall cater for the welfare of the
rising generation, safeguard it from the causes of
corruption, protect it from
exploitation and preserve it from the evils of physical and spiritual
neglect.
- The
State is making every effort to promulgate legislation, introduce regulations,
create bodies with direct responsibility for the
protection of children’s
rights (the Supreme Council for Family Affairs), establish the just society
advocated in the Constitution and achieve the objective sought by the principle
set forth in article 3.
- The
State has devoted attention to improving the situation of children, particularly
those belonging to the vulnerable segment of
society, including the disabled.
Accordingly, it has established a special association for the welfare of the
disabled, which is
conducting a comprehensive survey of the cases of disability
in the country and classifying them scientifically in collaboration
with
ministries and the competent government authorities so that it can consult with
them on all matters concerning the social integration
of disabled persons, the
provision of facilities for them and the organization of training to enable them
to engage in useful activities.
It has promulgated legislative acts which
exempt disabled persons from some of the dues paid by able-bodied individuals.
The Qatar
Charitable Society offers social support to impoverished families,
particularly those whose breadwinners are women.
- As
for the other vulnerable segments of society, such as victims of exploitation,
including in the workplace, children born outside
legal wedlock, children who
are neglected or institutionalized and street children, the State has done its
utmost to elaborate both
the necessary legal frameworks for their protection and
regulations for their care, where applicable.
Article 12
- Qatar
has attempted to implement the rights set forth in this article by promulgating
legislative acts and adopting practical measures,
including the
following:
Article 7 of the Juveniles Act No. 1 of 1994 provides that: “Any
person who has not attained the age of seven full years shall
not be held
responsible for his acts.”
Article 32 of this Act provides: “A juvenile accused of a felony must
have a lawyer. If he has not chosen a lawyer, the court
shall appoint one for
his defence, in which case the court shall assess the appropriate fees and pay
them from the funds allocated
for that purpose in the budget of the courts of
justice. It shall, however, assume responsibility for collecting the sum from
the
juvenile in the event that he is in a position to make payment. If the
juvenile is accused of perpetrating a misdemeanour, the appointment
of a lawyer
for his defence shall be at the discretion of the court.”
Article 33 of the same Act provides: “Before taking any decision
concerning a juvenile subject to the provisions of this Act,
the juvenile court
shall examine the report of the
competent authority at the Ministry of the Interior and that of the
probation officers in order to ascertain his physical, mental,
psychological and
social circumstances which might have led to his delinquency or risk of
delinquency.”
- The
customary practice in the religious courts in regard to child custody is that
the court has the right to seek the child’s
opinion as to whether or not
he wishes to remain in the custody of one of his parents. His opinion on this
matter is taken into
consideration.
- In
the field of education, the Ministry of Education endeavours to ensure that all
schools at every stage of education have libraries
stocked with thousands of
books, as well as with legislative material and magazines, both new and old, and
that schoolchildren have
a full opportunity to read them freely. Library
societies are also formed in schools, as are school press and radio societies
which
provide pupils with every opportunity to disseminate their views and
opinions through wall magazines, printed publications or leaflets
or via the
school radio. In addition, the Ministry organizes cultural and information
debates among pupils, as well as free and
direct elections among the pupils in
some schools, with the aim of encouraging them to express their views in
complete freedom through
elected student councils.
IV. CIVIL RIGHTS AND FREEDOMS
Article 7
- Qatar
is pursuing its efforts to guarantee the rights set forth in article 7, as
exemplified by the following:
Article 3 of the Births and Deaths Registration Act No. 5 of 1982 specifies
the persons who are required to give notification of a birth;
Article 4 provides that “births in the State of Qatar must be notified
to the competent health office within 15 days of the
date of birth”. The
notification shall include the following information:
(a) The date of birth;
(b) The sex of the child (male or female), as well as the child’s
name and surname;
(c) The name, surname, nationality, religion, place of residence and
occupation of both parents.
Article 7 provides that: “Any person who finds a newborn infant must
take it to the nearest police station and file a report
on the conditions and
circumstances in which the infant was found, mentioning the place where it was
found, the date and time, its
approximate age, its sex (male or female), the
condition in which it was found, its description and any distinguishing
features.
A name shall be chosen for the child, as well as two trinomial
pseudonyms for its parents, and its religion shall be recorded as
Muslim.”
- Failure
to comply with the above provisions entails the imposition of a criminal penalty
in accordance with article 26 of the Act,
which stipulates: “Any person
who contravenes the provisions of this Act shall be punished by a term of
imprisonment of not
less than one week and/or a fine of not less than 100 riyals
and not more than 400 riyals.”
- Article
177 of the Penal Code further stipulates: “Any person who abducts a
newborn infant, conceals it, replaces it with another
or falsely attributes it
to anyone other than its mother shall be punished by a term of imprisonment of
not more than one year and/or
a fine of not more than 1,000
riyals.”
- The
child’s right to nationality is regulated by the Qatari Nationality Act
No. 2 of 1961, article 2 of which provides that
“any person born in Qatar
or abroad to a Qatari father shall be Qatari.”
Article 8
- In
the context of article 8 of the Convention, the State has promulgated the
legislation required to guarantee these rights. With
regard to the care of
foundlings, Act No. 16 of 1992 amended the provisions of the Births and Deaths
Registration Act No. 5 of 1982 in such a way as to ensure that foundlings are
regarded as having Qatari nationality.
- In
1996, the Council of Ministers agreed to vest the Department of Social Affairs
at the Ministry of Awqaf and Islamic Affairs with
authority to carry out the
following functions:
Open a file for every child comprising details of the child’s foster
family, developments in the child’s situation and
the extent to which the
family is providing the child with adequate support;
Establish conditions and general rules for prospective foster families and
seek expert help in the quest for solutions to avert certain
legal difficulties
which might arise from fostering children after they attain a specific age.
- On
the basis of this decision, the Presidency of the Shari’a Courts issued
Ruling No. 33 of 1418 A.H. (2 November 1997) laying
down the
following conditions for foster families:
(a) The family
should hold Qatari nationality and reside permanently in Qatar;
(b) The
family should consist of a husband and wife although, in exceptional cases, it
may consist of a woman only, provided that
she is an adult of sound mind and
exemplary conduct who is capable of caring for and protecting the child;
(c) The foster mother should be over 25 years and under 50 years of
age;
(d) The motive for fostering should not be to benefit from the
financial assistance paid to children of unknown parentage;
(e) The
foster family is required to enrol the child at a school when the child attains
school age;
(f) The family’s good conduct and its suitability to
cater for the child’s religious, social, psychological and economic
welfare must be established on the basis of the research and inquiries carried
out by the Department of Social Affairs in conjunction
with the
Ministry of the Interior;
(g) There should be no legal
impediment to handing over the child to the prospective family.
- The
following table shows the numbers of illegitimate children and children of
unknown parentage.
Year
|
Gender
|
Illegitimate
|
Unknown parentage
|
Total
|
1990
|
Male
|
4
|
4
|
8
|
1990
|
Female
|
5
|
1
|
6
|
1991
|
Male
|
7
|
8
|
15
|
1991
|
Female
|
9
|
2
|
11
|
1992
|
Male
|
4
|
1
|
5
|
1992
|
Female
|
2
|
1
|
3
|
1993
|
Male
|
5
|
5
|
10
|
1993
|
Female
|
3
|
3
|
6
|
1994
|
Male
|
8
|
2
|
10
|
1994
|
Female
|
8
|
2
|
10
|
1995
|
Male
|
4
|
5
|
9
|
1995
|
Female
|
5
|
1
|
6
|
1996
|
Male
|
7
|
3
|
10
|
1996
|
Female
|
8
|
3
|
11
|
1997
|
Male
|
5
|
3
|
8
|
1997
|
Female
|
3
|
1
|
4
|
- Qatar
has endeavoured to implement the provisions of this article in the light of the
provisions of Islamic Shari’a law, which
grant the right of custody to
both parents or to either one of them if they are separated. Such custody or
care may be withdrawn
from both or from one of them only with the consent of the
child and only after the child has attained a certain age.
- The
Civil Service Act also stipulates that a working mother must be granted
maternity leave for a period of two months in order to
care for her newborn
child. The Supreme Council for Family Affairs is carefully considering the
possibility of recommending to the
Council of Ministers that maternity leave
should be granted for a period of six months.
- The
Supreme Council for Family Affairs is also diligently formulating programmes and
plans to increase family awareness of the consequences
of relying on a
children’s nurse to bring up a Qatari child and is emphasizing the adverse
effects of this trend. In addition,
the Council is affirming its resolve to
take every measure conducive to the social integration of disabled children and
foundlings,
to provide them with a full opportunity for education and work and
to take effective steps to ensure their acceptance in society.
Ministerial
ordinances have been promulgated under which nursing mothers are permitted to
take one hour from their daily working
hours in order to breastfeed. The
welfare of children who have perpetrated an offence or contravention punishable
under the laws
and regulations in force is ensured through the stipulation that
they must not be removed from their parents or from the person entitled
to take
care of them.
- Article
10 of the Juveniles Act No. 1 of 1994 provides: “A juvenile shall be
delivered into the custody of one of his parents
or his natural or testamentary
guardian. If neither is fit to provide him with a sound upbringing, he shall be
handed over to a
family member who is qualified to do so. If there is no such
family member, he shall be handed over to a trustworthy person who
must
undertake to raise him and ensure his good conduct or to a reliable family whose
provider makes such an undertaking.”
Article 13
- In
accordance with article 13 of the Convention, the Qatari National Committee for
Education, Culture and Science has sent a letter
to head teachers of schools
associated with the United Nations Educational, Scientific and Cultural
Organization (UNESCO) encouraging
them to give pupils the opportunity to express
their opinions freely.
Article 14
- With
regard to the manner in which the rights set forth in article 14 of the
Convention are guaranteed in Qatar, the provisions of
the Islamic Shari’a
determine the rights and duties of parents towards their children, which the
Shari’a courts apply
in connection with custody, maintenance, social
welfare, discipline and other rights which guarantee a tranquil and happy life
in
which children are aware of their rights vis-à-vis their parents and
parents are aware of their duties towards their children.
The numerous
judgements handed down by the Shari’a courts in that connection provide
positive evidence of this.
- With
regard to protection of the financial rights of minors, Act No. 20 of 1996,
concerning guardianship of the assets of minors and
their equivalents, regulates
the rights of parents and guardians in regard to the assets of a minor
child.
- With
regard to article 14, paragraph 3, in the State of Qatar no child has ever been
subjected to any form of persecution or arbitrary
action by the State
authorities for manifesting his or her religion or beliefs. Every child,
whether Muslim or non-Muslim, has the
right to express his or her religion and
beliefs without fear of being harmed in any way by the State authorities,
provided that
such expression is within the limits of the law and the
regulations, statutes and ordinances promulgated in this
connection.
- The
legislation of Qatar makes provision for children to exercise their rights in a
manner consistent with their evolving capacities,
as required by the Islamic
Shari’a and the stipulations contained in Act No. 20 of 1996, under which
any person under 18 years
of age is considered to be a minor whose financial
dispositions are subject to control by the natural or testamentary guardian.
Article 36 of that Act further stipulates: “After hearing the opinion of
the natural or testamentary guardian, the judge may
grant a minor under 16 years
of age absolute or limited permission to hand over some of his or her property
for purposes of management
or trading therein.”
Article 15
- The
State has guaranteed exercise of the rights set forth in article 15 through the
promulgation of a number of legislative instruments,
including Act No. 18 of
1997, concerning the Qatari Scout and Girl Guide Association, article 2 of which
stipulates that the Association
shall be a body corporate with an independent
budget attached to that of the Ministry. The Association, which is based in the
city
of Doha, supervises the Scout and Girl Guide Movement in the governmental
and private sectors and, under the terms of article 3 of
the Act, applies the
general scouting and girl guide principles and regulations with due regard for
the country’s social, cultural
and spiritual traditions.
- Membership
of the Association is regulated by article 8 of the Act, which stipulates that
all scout and girl guide troops established
by government and foreign schools,
colleges, associations, organizations and institutions shall be subject to the
provisions of the
law and the rules and regulations issued by the Association in
regard to supervision, registration and the award of scouting and
girl guide
licences and badges, etc.
- The
Ministry of Education issued Circular No. 140 of 1997 regulating the formation
of school press and radio societies. It also issued
Circular No. 117 of 1996
regulating school cooperative associations, which are known as school cafeteria
groups.
Article 16
- Qatari
legislation shows due regard for the child’s right to privacy, as provided
for in article 16 of the Convention, as is
clearly evident from the text of
article 31 of the Juveniles Act No. 1 of 1994, which stipulates:
“Juvenile trials shall be
conducted in camera and may be attended only by
the juvenile, his relatives, witnesses, lawyers, representatives of the
competent
authority in the Ministry of the Interior, probation officers and
persons specially authorized by the court. The court may exempt
the juvenile
from appearing in person, allowing his parents, his natural or testamentary
guardian or his custodian to appear on his
behalf, provided that the trial is
attended by the probation officer.”
- If
necessary, the court may hear the case in the juvenile’s absence but may
under no circumstances convict the juvenile before
explaining to him what has
taken place during his absence.
Article 17
- Article
17 of the Convention emphasizes the function performed by the mass media in
regard to the rights of the child. In this respect,
the State believes that the
audio-visual information media play an extremely important role in ensuring the
application of the principles
and standards set forth in the Convention. In
fact, children can use these media as a means of expression. Qatar is
diligently
endeavouring to ensure that children enjoy access to information from
all sources, provided that it is compatible with their mental,
physical and
moral well-being.
- Every
school has a school library containing the principal printed sources of
knowledge for children, which the Ministry regularly
expands and updates. The
State, as well as cultural clubs, encourage authors to write more
children’s books in order to disseminate
a love of learning among
children.
- In
the educational field, the Ministry has issued Circulars Nos. 117 and 140, to
which reference has already been made, in an attempt
to enable children to
acquire knowledge by some of the means specified in those
circulars.
Article 37
- Even
before signing the Convention, the State of Qatar had guaranteed most, if not
all, of the rights recognized in article 37 of
the Convention, as exemplified by
the promulgation of the Juveniles Act No. 1 of 1994, under the terms of which
the rights of the
child enjoy the effective protection required by the said
article 37. The principal texts that have been promulgated to protect
those
rights are reviewed below.
- With
regard to the measures and penalties that can be imposed on juveniles, article 8
of the Juveniles Act No. 1 of 1994 defines the
penalties that can be imposed on
juveniles, which differ from those to which adults are liable. It stipulates:
“A juvenile
under 14 years of age who commits a felony or a
misdemeanour shall not be sentenced to the penalties or measures prescribed for
those
offences but shall be liable only to one of the following
measures:
(a) A reprimand;
(b) Delivery into the
custody of a guardian;
(c) Enrolment for vocational
training;
(d) Compulsory fulfilment of specific
obligations;
(e) Judicial probation;
(f) Placement in a social
reform institution;
(g) Placement in a health
institution.”
- Articles
7, 9, 11, 12, 13, 14 and 15 of the Juveniles Act define the manner in which the
measures and penalties imposed on juveniles
should be carried out. These
articles stipulate that any positive or negative change in the juvenile’s
behaviour must be taken
into account as a basis for consideration of reduction
or commutation of the penalty.
- Article
18 of the Juveniles Act specifies the maximum penalties that can be imposed on
juveniles in order to ensure that their liberty
is restricted for the shortest
possible period of time. It stipulates: “The measures provided for in
articles 10, 11, 12
and 13 shall be terminated three years from the date on
which they take effect or when the juvenile reaches the age of 21, whichever
is
sooner. However, in cases involving felonies, after consulting the competent
authority at the Ministry of the Interior, the convicted
person may be placed on
probation for a period not exceeding two years.”
- Imposition
of capital punishment, life imprisonment, imprisonment with hard labour or
flogging on a juvenile is prohibited by the
Act, article 19 of which stipulates
that: “A juvenile over 14 but under 16 years of age who commits a felony
or a misdemeanour
shall not be sentenced to capital punishment, imprisonment
with hard labour or flogging but, instead, shall be liable to one of the
following penalties: (a) a term of not more than 10 years’ imprisonment
for the commission of a felony punishable by death
or life imprisonment; (b)
half of the legally prescribed maximum penalty for the commission of an offence
punishable by imprisonment
and/or a fine.”
- In
cases involving offences other than those punishable by death or life
imprisonment, instead of the penalties prescribed in that
article, the juvenile
court may impose any of the measures, excluding reprimand and delivery into the
custody of a guardian, provided
for in article 8 of the Act.
- In
order to safeguard the interests of juveniles sentenced to penalties of
imprisonment, such sentences are not served in prisons
for adults but are served
only in special governmental institutions, known as social reform centres, which
accommodate and cater
for the welfare, reform and rehabilitation of the juvenile
delinquents placed therein by order of a juvenile court.
- With
a view to preserving the human dignity of children, article 20 of the Juveniles
Act stipulates that sentences imposed on juveniles
must not be entered in their
criminal record and, moreover, the penalties prescribed in the Penal Code or any
other legislation are
not applicable to them.
- In
this connection, article 27 empowers a juvenile court to suspend all or part of
the guardianship or custody rights granted by order
of a competent authority in
the following cases:
(a) If the guardian is sentenced, during
his period of guardianship, to a term of imprisonment for a sexual offence or to
10 or more
years’ imprisonment for other offences;
(b) If the
guardian endangers the juvenile’s wellbeing or morals through illtreatment
or bad conduct;
(c) If the juvenile is placed in a social welfare centre
in accordance with the provisions of the Act.
- Under
article 15 of the Juveniles Act, children deprived of their liberty have a
guaranteed right to health care and are placed in
a health institution if their
condition necessitates medical care and treatment.
- With
regard to the child’s right to a fair trial and to legal assistance,
article 28 of the Juveniles Act stipulates: “The
juvenile court shall be
solely competent to hear the cases of juveniles accused of a felony or a
misdemeanour or at risk of delinquency
and to adjudicate in disputes concerning
the enforcement of judgements handed down against them.”
- Juvenile
offenders are entitled to legal assistance under the terms of article 32 of the
Act, which stipulates: “A juvenile
accused of a felony must have a
lawyer. If he has not chosen a lawyer, the court shall appoint one for his
defence, in which case
the court shall assess the appropriate fees and pay them
from the funds allocated for that purpose in the budget of the courts of
justice. If the juvenile is accused of perpetrating a misdemeanour, the
appointment of a lawyer for his defence shall be at the
discretion of the
court.”
- The
Act further stipulates that, before taking any decision concerning a juvenile,
the court must examine the report of the competent
authority at the Ministry of
the Interior and that of the probation officers in order to ascertain his state
of health and the psychological
and social circumstances which might have led to
his delinquency or risk of delinquency.
- In
cases in which a juvenile is sentenced to a penalty other than a reprimand, the
Juveniles Act permits either of his parents, his
natural or testamentary
guardian or the person responsible for him to lodge an appeal against the
judgement with the competent court
(arts. 37, 38 and 39 of the
Act).
V. THE FAMILY ENVIRONMENT AND ALTERNATIVE CARE
Article 5
- The
State of Qatar has recently conducted information campaigns to stimulate greater
awareness of child-related issues. These campaigns,
which were designed and
implemented at the national level, took into consideration the local culture and
traditions under which parents
and families have the right to provide their
children with appropriate enlightenment and guidance based on the teachings of
the Islamic
religion, which frequently strike a balance between the rights of
the child and the respective obligations of parents.
Article 9
- With
a view to meeting the requirements for the success of the educational process,
and believing in the importance not only of strengthening
ties between parents
so that they can play complementary roles in the social upbringing of their
children but also of the importance
of an effective governmental contribution to
raise the level of educational awareness in Qatari society, the authorities
announced
the formation of the Supreme Council for Family Affairs, the function
of which is to formulate programmes and plans for the protection
of mothers and
children.
- Within
the framework of its endeavours to help parents to shoulder their
responsibilities in regard to the upbringing of their children,
the Ministry of
Education has established at each of its schools a parents’ council
through which parents are regularly invited
to the school for consultation on
all matters concerning their children. The Ministry is also endeavouring,
through these councils,
to develop the educational awareness of parents in order
to help them to assume their responsibilities towards their children. In
this
regard, the Ministry is conducting a pilot experiment consisting in inviting
parents to spend an entire school day with their
children in their classrooms in
order to obtain first-hand knowledge of the children’s school life and
activities. The Ministry
has also taken a new step by allowing children to
participate in the formation of a student’s union, consisting of their
elected
representatives, in order to familiarize them with the exercise of
democracy.
Articles 18, 19 and 20
- The
provisions of these articles were being applied in the State of Qatar even
before the State’s accession to the Convention,
as already indicated
during the review of article 8 of the Convention.
Articles 10 and 11
- With
regard to the rights of the child provided for in articles 10 and 11 of the
Convention, an examination of the measures and provisions
in force in the State
of Qatar clearly shows that the rights of Qatari children in this connection are
recognized under the laws
and regulations in force and, in the case of
non-Qataris, Act No. 3 of 1963, which regulates the entry and residence of
foreigners
in the State of Qatar, permits children to accompany and reside with
their parents. Any child residing abroad far from his or her
parents has the
right to visit them if the child so desires. A number of recently promulgated
legislative enactments have attempted
to simplify the procedures under which
foreigners working in the State of Qatar can be joined by their families in
order to strengthen
and promote family unification, as already
mentioned.
Article 27
- In
keeping with the provisions of article 27 of the Convention, the laws of Qatar
stipulate that, if a competent court orders a father
to pay maintenance in
respect of his child, the said order must be implemented by sending a copy
thereof to the body by which the
father is employed, if he is a civil servant,
or, if he is not a civil servant, by seizing and selling his property in
execution
of the order.
Articles 20 and 21
- The
State of Qatar does not recognize the system of adoption referred to in article
21 of the Convention, as it is contrary to the
provisions of the Islamic
Shari’a. Children of unknown parentage are cared for by special
institutions established for that
purpose which are supervised and monitored by
the Supreme Council for Family Affairs. Some voluntary organizations also show
concern
for foundling and orphan children and endeavour to find alternative
families to care for them.
Article 25
- In
accordance with article 25 of the Convention, the State of Qatar recognizes that
a child who needs special healthcare or treatment
has the right to a periodic
review of his or her treatment. Article 15 of the Juveniles Act No. 1 of 1994
stipulates that a juvenile
must be placed in a specialized health institution if
the court finds that his condition necessitates medical care or treatment.
The
court monitors the juvenile’s need for ongoing treatment at regular
intervals of not more than one year, during which
the relevant medical reports
are submitted to it, and it must order his discharge if it finds that his
condition so permits. On
reaching the age of 18, a juvenile whose condition
necessitates further treatment is transferred to the adult treatment department
of the specialized health institution or to another health
institution.
Article 39
- Even
before signing the Convention, the State of Qatar was showing due regard for the
right of the child provided for in article 39
thereof, as is evident from the
provisions of the above-mentioned Juveniles Act. Reference has already been
made, during our review
of article 37 of the Convention, to some of the
measures taken in this connection. We wish to add the
following:
- The
Juveniles Act attempted to ensure that its provisions covered two categories of
juveniles:
(a) Juveniles at risk of delinquency due to:
(i) Their engagement in work that does not constitute a proper source of
livelihood;
(ii) Their commission of acts associated with sexual or moral offences, offences
against public decency or morals, the offences of
drunkenness, gambling and
begging, offences related to dangerous narcotic drugs and psychotropic
substances, or the offence of aiding
and abetting in such
acts;
(iii) Their frequentation of vagrants, suspects or persons well known for their
reprehensible or immoral conduct;
(iv) Their repeated absconsion from home or from educational or training
institutes;
(v) Their lack of a legitimate means of livelihood or reliable source of
support;
(vi) Their defiance of the authority of their natural or testamentary
guardian;
(vii) Their lack of a fixed abode or their habit of sleeping in the streets or
in other places not intended for residence or overnight
shelter;
(b) Juvenile delinquents who have committed a
felony or a misdemeanour.
- Juveniles
who have been sentenced to one of the prescribed penalties are placed in social
welfare centres, which have been established
to provide them with appropriate
physical, psychological, social and vocational care and rehabilitation with a
view to their social
reintegration.
- Anyone
who incites a juvenile to abscond from a social welfare centre commits an
offence punishable under the provisions of the Act,
article 24 of which
stipulates that, without prejudice to any more severe penalty prescribed in
other legislation, anyone who directly
incites a juvenile to abscond from a
social welfare centre or knowingly aids and abets in his absconsion therefrom is
liable to a
penalty of up to one year’s imprisonment and/or a fine of up
to 1,000 riyals.
- It
is also a punishable offence to expose a juvenile to the risk of delinquency,
since article 25 of the Act stipulates that the penalty
prescribed in
article 24 shall also apply to anyone who exposes a juvenile to the risk of
delinquency by training him to commit any
of the acts referred to in article 1,
paragraph 2, of the Act, by aiding and abetting therein or by in any way
encouraging or facilitating
his delinquent conduct, even if he does not actually
become a delinquent. The penalty is a term of imprisonment ranging from six
months to three years and/or a fine of up to 3,000 riyals if the offender
subjects the juvenile to coercion or threats, even if he
is one of the
juvenile’s ascendants, a person responsible for the juvenile’s
upbringing or welfare or a person vested
with authority over, or holding legal
custody of, the juvenile.
- The
purpose of all these penalties and measures provided for in the Act is to enable
delinquent children to resume a normal life and
reintegrate in
society.
- Although
these measures for the benefit of children were taken before the State’s
signature of the Convention on the Rights
of the Child, its accession thereto
will motivate it to develop and strengthen these measures in future once the
Supreme Council
for Family Affairs has begun to formulate appropriate plans in
this regard.
VI. HEALTH AND BASIC CARE
Articles 6, 18, 23, 24 and 25
- The
State of Qatar is diligently implementing the provisions of article 6 of the
Convention, as is evident from the following.
- Article
7 of the Amended Provisional Constitution (Basic Law) of the State of Qatar
stipulates: “The family, which is rooted in religion, morality and
patriotism, is the basis
of society. The law shall regulate the means to
protect the family from all elements of vulnerability, consolidate its
structure,
strengthen its ties and safeguard mothers and children within its
bosom.”
- Article
159 of the Qatari Penal Code, promulgated in Act No. 14 of 1971, stipulates:
“If a person under 15 years of age commits
suicide, anyone who
incited him to do so shall be liable to a penalty of life imprisonment.”
- Under
the terms of article 170 of the said Code: “Anyone who deliberately
aborts a pregnant woman with her consent, except
with the good intention of
saving her life, shall be liable to a penalty of up to five years’
imprisonment”. The provisions
of this article also apply to a woman who
provokes her own miscarriage or permits another person to do
so.
- Under
article 171 of the Code: “Anyone who deliberately aborts a pregnant woman
without her consent, except with the good intention
of saving her life, shall be
liable to a penalty of up to 10 years’
imprisonment.”
- Under
article 172: “Anyone who, through the performance of an act designed to
abort a pregnant woman with her consent, except
with the good intention of
saving her life, causes her death shall be liable to a penalty of up to 10
years’ imprisonment or,
if the act was performed without her consent, to a
penalty of up to 14 years’ imprisonment.”
- Under
article 173: “Anyone who assaults a woman and thereby unintentionally
causes her to have a miscarriage shall be liable
to a penalty of up to three
years’ imprisonment and/or a fine of up to 3,000 riyals.”
- Article
30 of the Prisons Act No. 3 of 1995 stipulates: “Enforcement of a death
sentence passed on a pregnant woman shall be
suspended until she gives birth.
If her child is born live and she was sentenced to death under the lex
talionis or as a fixed Qur’anic penalty (hadd),
enforcement of the penalty shall be deferred until her child has been weaned.
However, if the death sentence was imposed as a
discretionary penalty, it may be
commuted to a penalty of life imprisonment.”
- Under
the terms of article 39 of the Prisons Act: “Pregnant prisoners shall
receive the same treatment as prisoners in category
‘A’, if they are
not already within this category, and shall be exempted from prison work. From
the sixth month of pregnancy,
they shall be accorded special treatment in regard
to food and rest and shall receive medical care appropriate to their condition.
They shall be transferred to hospital when the time of their delivery approaches
and shall remain therein until discharged by the
physician.”
- Article
40 of the Act further stipulates: “The enforcement of any disciplinary
sanctions imposed on a pregnant prisoner shall
be deferred until she has given
birth or until her child is no longer with her, depending on the
circumstances.”
- Under
article 42: “The female prisoner shall retain her child until the child
reaches the age of two years. If she does not
wish the child to remain with
her, or when the child reaches that age, the child shall be handed over to the
father or to a relative
chosen by the mother. A child who has no father or
relatives willing to provide support shall be placed in a child welfare centre
the location of which shall be notified to the mother, who shall be permitted to
see her child at regular intervals in the manner
specified in the Implementing
Regulations.”
- Under
article 174 of the Penal Code: “Anyone who, with the intention of killing
an unborn child, commits a prenatal act that
causes its death before or after
its birth, except with the good intention of saving the mother’s life,
shall be liable to
a penalty of up to 10 years’ imprisonment.”
- Under
article 175 of the Code: “Any father who endangers or leaves his child in
any place with the intention of permanently
abandoning the child shall be liable
to a penalty of up to seven years’
imprisonment.”
- The
right of the child to life, survival and development is promoted by Act No. 17
of 1990, concerning protection from contagious
diseases, article 15 of
which stipulates: “Children shall be vaccinated periodically against the
contagious diseases specified
by the Minister. Such vaccinations shall be
administered in accordance with the procedures and schedules specified by the
competent
health authority.” Children may be vaccinated by a physician
licensed to practise medicine, provided that the competent health
authority
certifies that the vaccination has been administered before the expiration of
the specified deadline. The child’s
father or the person in whose custody
or care the child has been placed has an obligation to take the child for
vaccination. Under
article 21 of the said Act, anyone who contravenes the
above-mentioned provisions of article 15 is liable to a penalty of up to one
month’s imprisonment and/or a fine of 2,000 riyals. The Minister of
Public Health promulgated Ordinance No. 4 of 1988 concerning
the vaccination of
children against certain contagious diseases.
- The
Ministry of Health is applying the stipulated procedures for the provision of
health care to ensure the protection and development
of children, as can be seen
from the following.
Article 23
- With
regard to the right of the child provided for in article 23 of the Convention,
disabled children in the State of Qatar receive
appropriate care and assistance
from the following government institutions and national voluntary organizations
in accordance with
an integrated plan designed to ensure that disabled persons
enjoy optimal health, social and psychological care:
Government institutions providing care for disabled
children
(a) The Supreme Council for Family Affairs,
which is diligently formulating and monitoring plans in this
regard;
(b) The Rumailah Hospital, which caters for the welfare and
rehabilitation of disabled persons. Its Disability Department seeks
to develop
the child’s physical and mental capacities to the maximum through training
and education. The Department also provides
rehabilitation services, including
an integrated rehabilitation programme comprising medical, functional and
developmental treatment,
speech therapy, the manufacture of prostheses, social
assistance and recreation and leisure activities. The same hospital also has
a
school that focuses on the special educational, therapeutic and recreational
needs of children who are able to follow academic
curricula;
(c) The
Social Security Department of the Ministry of Awqaf and Islamic Affairs. This
Department is establishing a special centre
for disabled persons, since the
State believes that it is important to provide them with suitable accommodation
and living conditions.
The Department also provides financial assistance for
disabled children of both sexes, taking into
consideration the financial resources of their parents. In addition, it
caters for the full physical and psychological development
of disabled persons
by organizing sports activities in which it encourages them to engage and for
which it provides them with training;
(d) The Qatari Red Crescent
Society. This Society, which was established in 1978, engages in various
activities for the benefit
of disabled children. For example, it has
established a park for them, as well as a charitable fund to provide them with
financial
and in-kind assistance, and publishes a special magazine covering
methods of care and other matters of interest to them. The Society
also
organizes health awareness campaigns to prevent and mitigate disability and
designs and produces road safety posters to reduce
the number of traffic
accidents, which constitute one of the principal causes of
disability;
(e) The Ministry of Education. The Ministry has opened four
schools for the education and rehabilitation of children suffering from
auditory
and mental disabilities (two schools for each sex) which were attended by
304 disabled children during the academic year
1997/98. In addition to teaching
basic education, the schools offer vocational rehabilitation in the fields of
typing and secretarial
work for children with auditory disabilities and in the
fields of carpentry, upholstery, tailoring, dressmaking and housekeeping
for the
mentally disabled. In December 1997, on the occasion of the International Day
of Disabled Persons, the Ministry opened the
New Hope (Amal) Hospital,
which was designed in the most modern style and is provided with all the
equipment, appliances and apparatus needed for
the teaching and training of
disabled persons. In addition to teaching, training and rehabilitation, the
Ministry offers disabled
children recreational, health and educational services,
organizes lectures, excursions and visits to historical and cultural sites
and
places of entertainment and arranges for disabled children to participate in
various festivals with their ablebodied peers.
All these services that the
Ministry provides for disabled children are free of charge.
National voluntary institutions
(a) The Qatari Association for the Care and
Rehabilitation of the Disabled:
Since its establishment in 1976, this
Association has been conducting a comprehensive survey and scientific
classification of cases
of disability in the country in collaboration with the
competent government departments and institutions. It has also urged citizens
to register all cases of disability. The Association is establishing the
premises and institutions needed to accommodate and care
for disabled persons,
including children, and to provide them with education and vocational training
appropriate to their individual
circumstances. It also offers advice and
guidance and is making the public more aware of the social and psychological
problems of
disabled persons and ways to prevent and deal with those problems.
The Association operates a socio-cultural centre and an educational
centre for
disabled persons, as well as an information centre for their mothers;
(b) The Qatari Club for the Disabled:
This Club was established
pursuant to Decision No. 1 of 1993, adopted by the Public Authority for
Youth and Sports, to provide young
persons, including those who are disabled,
with training at all stages of their lives. The State has also promulgated a
number of
legislative enactments exempting disabled students from payment of the
cost of books and transport and of some dues payable by others,
such as the
airport tax imposed on persons leaving the country from Doha International
Airport;
(c) The Shaffah Centre for Persons with Special
Needs:
The aims of this Centre, which was established in 1998, include
the following:
(i) Provision of health care, education opportunities, assistance and support
services for children with special needs in order to
enable them to use all
their latent capabilities and capacities and become active members of
society;
(ii) Promotion of public awareness of the nature of disabilities and the
difficulties facing children with special needs;
(iii) Provision of assistance and training to enable families, teachers and
specialists to aid and support children with special
needs so that they can use
all their latent capabilities and potential;
(iv) Helping schools to understand children’s needs and encouraging
teaching staff to cater for children with special needs;
(v) Training persons with special needs in occupations consistent with their
capabilities and helping them to find appropriate employment
opportunities;
(vi) Endeavours to secure the promulgation and development of laws and
legislation emphasizing the need for the provision of appropriate
special
educational services for children.
Article 24
- The
State’s health policy attaches great importance to preservation of the
health of children so that they can grow up strong
and healthy, enjoying full
protection from the health dangers that threaten their present and future lives,
particularly the dangers
arising from affliction with lethal contagious
diseases.
- In
view of the fact that appropriate health legislation plays an important role in
the provision of child health care, the State has
promulgated a number of
legislative enactments to protect child health, as illustrated by the
following.
- Ordinance
No. 4 of 1998, issued by the Minister of Health, introduced a comprehensive,
integrated and highly effective system of compulsory
vaccination against
children’s diseases. The vaccination programme covers children of
pre-school age and vaccination against
viral hepatitis forms part of the extended vaccination programme. The
health authorities are making a special endeavour to eradicate
poliomyelitis by
the beginning of the new millennium. As part of its pioneering preventive
measures to protect children, the State
of Qatar has included vaccination
against haemophilus influenzae bacteria in its extended child vaccination
programme, thereby considerably
reducing the incidence of meningitis. The
statistical indicators for the last few years show a notable decline in the
incidence
of contagious diseases and some diseases which are lethal to children
have been eradicated.
- The
health authorities are making technical preparations for the introduction of a
quadruple vaccine, comprising the haemophilus influenzae
B vaccine with the
triple vaccine in a single syringe, to avoid the need to inject children more
than once in a single session.
This will save time and effort and will make it
easier for children and their families to obtain the
vaccinations.
- The
State has also promulgated Act No. 5 of 1982 regulating the registration of
births and deaths and Decree No. 19 of 1990 concerning
the prevention of
contagious diseases.
- The
Council of Ministers promulgated Decision No. 42 of 1992 approving the
National Plan for Maternal and Child Care in the 1990s.
- In
actual fact, the health authorities have made numerous achievements in the field
of protection of the rights of the child, as detailed
below.
Statistical indicators
(a) Primary indicators:
(i) Child mortality:
- A
study conducted by the Ministry of Public Health in December 1987 showed
that, as a result of the new preventive and therapeutic
services provided by the
State and the improvement in socio-economic standards, the infant mortality rate
had declined from 37 per
1,000 at the beginning of the 1980s to 30 per 1,000 in
the mid1980s. By 1995 it had declined further to 12 per 1,000.
Moreover,
according to that child health study, the mortality rate among
children under five years of age declined from 47 per 1,000 live births
at the
beginning of the 1980s to 37 per 1,000 in the mid1980s. It has since
declined further to 3.1 per 1,000 live births. These
rates are lower than the
targets set in the World Declaration on the Survival, Protection and Development
of Children in the 1990s.
- The
proportion of premature births (children with a birth weight of less than 2.5
kg) ranges from 7 per cent to 8 per cent.
- The
statistics for 1997 show the following figures:
Number of live births
|
10 447
|
Infant mortality during the first week of life
|
53
|
Infant mortality during the first month of life
|
128
(12.3 per thousand live births)
|
Proportion of children born with a birth weight lower than normal (<2.5
kg)
|
8.3%
|
(ii) The maternal mortality rate:
- Ninety-eight
per cent of births take place in the Women’s Maternity Hospital under
skilled medical supervision. Accordingly,
in the 1980s, there was only one
maternal death in hospital, which was attributable to heart disease. There were
no deaths in 1995.
In 1996, the maternal mortality rate amounted to 9.6 per
100,000 births, no postnatal deaths being reported. The State is planning
to
maintain this situation in coming years through ongoing development of the
comprehensive prenatal, perinatal and postnatal care
provided for
mothers.
(iii) The malnutrition rate:
- The
currently available nutrition indicators show that the nutritional status of
infants is constantly improving. The proportion
of children weighing 2.5 kg or
more at birth amounted to about 92 per cent in 1991 and 91.7 per cent
in 1997 and, therefore, exceeded
the international target of 90 per cent.
Health centres provide mothers with health advice and guidance concerning the
importance
of nutrition for the normal growth of their unborn
children.
- The
Ministry of Public Health, in collaboration with the Hamad Medical Foundation,
is making preparations for an evaluation of the
nutritional status of children,
and particularly children of pre-school age whose nutritional status requires
more effective care
and attention, as a basis for future plans and programmes.
(iv) Protection of children living in special
conditions:
- The
Ministry of Public Health is catering fully for the needs of disabled children
confined in hospital who are unable to attend the
schools run by the Ministry of
Education and also provides them with temporary care at home. In addition, the
Ministry sponsors
the activities of children’s information festivals such
as that recently organized by the Volunteers’ Centre of the Qatari
Diabetics Association with a view to informing the maximum number of children
and their families of the dangers of diabetes and ways
in which it can be
prevented and treated.
(b) Sectoral statistics:
(i) Maternal health:
- Maternal
and child health-care services, which form part of the primary health-care
services, are provided at the Women’s Maternity
Hospital, where the
following types of health care are available:
Prenatal health
care. Ninety-nine per cent of pregnant citizens and foreign residents
receive prenatal health care, up to the thirty-second week in the
case of normal
pregnancies, at the health centres, abnormal cases being monitored by the
Women’s Maternity Hospital from the
time of detection of any
complications.
Perinatal health care. In the State of Qatar, 98 per cent of all
births take place in hospital, thereby providing ample opportunities for the
mother to
receive the requisite perinatal care.
Postnatal health care. Postnatal health-care services are available
at the Maternity Hospital and at the health centres that have been established
in
all parts of the State.
(ii) Nutrition:
- The
State, represented by its health institutions, is showing special concern for
maternal and child nutrition, as illustrated by
the regular public awareness
campaigns and activities undertaken by the information media and the health
centres concerning various
aspects of primary health care for mothers and
children and, in particular, the importance of proper nutrition for maternal and
child
health.
- The
Ministry of Public Health is making intense endeavours to promote breastfeeding
and encourage its commencement immediately after
birth. The Maternity and Child
Department, in collaboration with the health authorities, has made plans to
further promote breastfeeding
and childfriendly hospitals. All commercial
advertising of infant formula in the media has recently been halted and all
marketing
representatives have been strictly denied access to health centres and
the Maternity Hospital. The child health study that was conducted
as part of
the Gulf Child Health Survey showed that 89 per cent of children are breastfed,
some up to the age of three months and
the others for varying periods
thereafter.
- The
current indicators show that infant nutrition is excellent since, in 1991, the
proportion of children weighing 2.5 kg or more
at birth amounted to about
92 per cent, which exceeds the target of 90 per cent set in the World
Declaration.
- The
nutritional status of 80 per cent of children attending school for the
first time is appropriate, although greater attention must
be paid to some who
are under or above the normal weight for their age.
Child health
- Four
weeks after leaving the Maternity Hospital, children undergo the first periodic
full health check-up at the Child Health Clinic
run by the Maternity and Child
Department, where their weight, height and occipitofrontal diameter etc. are
measured. Their mothers
are also provided with the necessary information
concerning the vaccinations needed by their children, the schedule of which is
noted
on each child’s vaccination card.
- A
special centre has been opened to receive and treat child emergency cases, which
were previously dealt with at the Emergency Department
of the General
Hospital.
- The
principal achievements in this field are illustrated by the following
indicators:
(a) Poliomyelitis was eradicated in the 1980s.
From 1986 to date, the only case reported (in 1990) involved an immigrant.
The statistics
for 1994, 1995 and 1996 show no cases whatsoever;
(b) The
incidence of measles declined from 1,275 cases in 1985 to 471 in 1990,
258 in 1991 and 31 in 1994 subsequently rose to 333
in 1995 and once again
declined to 38 in 1996;
(c) The triple (diphtheria,
tetanus and whooping cough) vaccination and orally administered poliomyelitis
immunization coverage increased
from 68.9 per cent in 1988
to 81.5 per cent in 1990 and the measles vaccination coverage rose
from 57.1 per cent in 1988 to 78.9
per cent in
1990;
(d) The tuberculosis vaccination coverage increased from
68.9 per cent in 1988 to 96.8 per cent in 1990 and the statistics
show that
the number of cases amounted to 120 in 1994, 193 in 1995 and
150 in 1996;
(e) Vaccination against viral hepatitis B was
added to the State’s extended vaccination programme on 15 October 1989.
Qatar was the first Arab State to achieve a coverage
rate of 81.9 per
cent for the three doses in 1990 and, in 1996, the coverage rate for the first,
second and third doses amounted
to 94 per cent, 92 per cent and
90 per cent respectively;
(f) At the present time, vaccination of
pregnant women against neonatal tetanus is not compulsory since no cases of that
disease
have been reported in recent years.
- Anaemia
is one of the principal diseases that affect children. It is attributable to
bad feeding habits, use of infant formula and
abuse of nutritional supplements.
Bronchial infections and catarrh, particularly common colds and asthma, are
among the main problems
that account for the large attendance by children at
hospital and health centre clinics.
- From
this review, it is evident that the State of Qatar is implementing an
immunization programme comprising vaccination against tuberculosis,
diphtheria,
tetanus, whooping cough, poliomyelitis, haemophilus influenzae, viral
hepatitis B, measles, German measles and mumps.
- It
is noteworthy that the State of Qatar was the first of the Arab Gulf States to
include vaccination against viral hepatitis B and
haemophilus influenzae in
its vaccination programme, in 1989 and 1994 respectively. In 1997, the
child immunization coverage was
as follows:
Tuberculosis
|
99 per cent
|
Diphtheria/tetanus/whooping cough/poliomyelitis
|
First dose 95.1 per cent Second dose 93.6 per cent Third dose 92.4
per cent
|
Viral hepatitis
|
First dose 98.2 per cent Second dose 93.1 per cent Third dose 90.1
per cent
|
VII. EDUCATION, LEISURE AND CULTURAL ACTIVITIES
Article 28
- Qatar
provides primary education opportunities free of charge for all children over
six years of age. These educational services
are available to all students
in all parts of the State.
- The
school environment is being developed and improved through the establishment of
a larger number of modern facilities, such as
school parks, swimming pools,
multipurpose activity halls, playing grounds and libraries, and the use of
modern teaching methods,
etc.
- Educational
and school working conditions are being improved by, inter alia,
limiting the size of schools and classes, reducing the number of class periods
per teacher and adopting the system of relief teachers.
- The
State is endeavouring to diversify secondary education by providing children
with an opportunity to opt for the arts or sciences
in general secondary
education, in addition to industrial, commercial, religious and vocational
secondary education. All types of
secondary education are free of charge and
the State pays monthly allowances to students enrolling in technical education
in order
to encourage them to enter this field of education.
- On
completion of their secondary education, successful students who have obtained
the requisite grades in the final secondarylevel
examinations are given an
opportunity to enrol for university education.
- Since
1992, the Ministry of Education has been paying increasing attention to the
university educational and vocational guidance and
orientation programmes,
including the plans formulated by the Ministry’s Department of Social
Education. The Ministry is paying
particular attention to the school management
system and is endeavouring to train school administrations to discharge their
functions
in the most efficient manner. On 8 May 1998, the Ministry
organized a training course for secondary school deputy headmasters.
The
purpose of this course was to provide participants with the skills needed by
successful deputy headmasters and to familiarize
them with the problems that
they might face in their work and ways to deal with those
problems.
- As
part of its endeavours to ensure regular school attendance and reduce dropout
rates, the Ministry of Education frequently issues
directives regulating these
matters.
- At
the beginning of each academic year, the Ministry of Education forms school
cultural, scientific, artistic and sports activity
groups supervised by
qualified specialists with a view to developing the personality and discovering
and enhancing the skills and
talents of students.
Article 29
- The
Ministry of Education in the State of Qatar is making every endeavour to
familiarize children with the principles of human rights
and freedoms set forth
in the Charter of the United Nations through the academic curricula, the
celebration of international events
such as United Nations Day and
educational competitions in which the highestranking officials in the Ministry
give students an opportunity
to express their views and concerns regarding
education, school curricula and teaching methods. For example, the Minister of
Education
in person has opened a dialogue with students in order to train them
in debating techniques and encourage them to interact with him
with a view to
ensuring that the decisions taken are positive and beneficial to the educational
process and their future working
lives. A further step that has been taken
consists in the formation of student unions at schools.
- The
Ministry of Education is endeavouring to disseminate the concepts of peace,
tolerance and friendship among peoples. To this end,
under the auspices of
UNESCO, schools in the State of Qatar organized a peoples’ cultural
festival in the academic year 1995/96.
A peoples’ games festival was
organized in 1996/97 and a tolerance festival is being planned for the current
year.
- The
Ministry is encouraging schoolchildren to take part in various
environmentrelated activities and school activity groups, known
as
“friends of the environment” groups, have been formed in many
Staterun schools to promote environmental awareness
among
students.
- The
Private Schools Regulatory Act No. 7 of 1980 makes provision for the
licensing of private schools and specifies the conditions
that must be met by
their owners, headmasters and staff. The Act also specifies the requirements in
regard to school buildings,
facilities and records, student enrolment
regulations and academic plans and curricula, as well as the investigative and
denunciative
measures to be taken if such schools violate any of the provisions
of the Act or if they fail to meet the requisite educational
standard.
- In
this connection, the Ministry of Education organizes debates and workshops on
educational processes among the teaching and supervisory
staff of government
primary schools and Arab private schools at its Teacher Training Centre with a
view to reconciling viewpoints
concerning the planning of daily studies, with
emphasis on analysis of their content, questions and teaching
methods.
Article 31
- With
regard to the right of the child to rest and leisure, as provided for in
article 31, the State of Qatar is making every endeavour
to promote the
welfare and safeguard the rights of children by providing all the facilities
needed for the development of their personalities
in a sound and physically and
mentally balanced manner.
- The
State, represented by the Ministry of Education and the Public Authority for
Youth and Sports, has shown great concern for this
matter in accordance with the
provisions of Decree No. 90 of 1990 establishing the Public Authority
for Youth and Sports and the
youth welfare provided for therein is promoted
through the cultural and artistic activities and programmes organized by the
Authority’s
clubs and centres. There are three specialized
clubs:
(a) The Scientific Club, which comprises a
children’s section that seeks to develop the scientific abilities of
children by
providing them with all the means needed for the pursuit of their
scientific interests, thereby helping them to acquire a scientific
mentality;
(b) The Youth Hostels Association, established by the Qatari
Supreme Council for Youth Welfare in accordance with the terms of its
Constitution, the various activities of which include recreational and leisure
programmes for children. The aim of the Association is to implement
programmes
for the establishment of camps, hostels and premises to accommodate young
persons during their travels. The Association
employs trained staff who
supervise the implementation of all its programmes and activities, including:
(i) Organization of regular excursions to enable its members to visit the
cultural landmarks and observe the developmental achievements
in the State of
Qatar;
(ii) Organization of journeys abroad so that members can participate in Arab and
international work camps and programmes;
(iii) Holding of local children’s festivals on various occasions, such as
religious and national holidays, organization of
competitions at which prizes
are awarded and reception of children from other countries wishing to visit
tourist and modern developmental
areas in the State;
(iv) Organization of public service camps and formulation of programmes suited
to each age group;
(v) Granting of individual cards to make it easier for young persons to travel
abroad and stay in youth hostels at nominal prices,
and organization of camps by
the sea and inland with activities and programmes for children so that they can
benefit from their leisure
time during the summer holiday;
(vi) Organization of symposia, lectures and soirées to which experts on
the problems of children and young persons are invited.
- The
“Friends of the Environment” Centre was established by the President
of the Authority under the terms of Decision
No. 116 of 1992. The aim of the
Centre is to promote environmental awareness among young persons, familiarize
them with the characteristics
of the Qatari environment and its influence on
social development and progress, encourage young persons to protect the
environment
from pollution, develop environmentallyfriendly attitudes, skills
and behaviour and train young persons to make joint endeavours
to preserve the
environment.
- The
Centre awards a prize (the “Friends of the Environment” Shield) to
the school that is most successful in encouraging
its pupils to participate in
the Association’s activities, disseminating environmental culture among
them and mobilizing their
minds and endeavours in favour of an
environmentally-friendly attitude and competitive efforts to protect the
environment and keep
it clean, safe and healthy.
- There
are also three youth centres, nine sports clubs and the Al-Jasra Socio-Cultural
Club. Part of the programmes and activities
of these centres and clubs are
intended for children, for whom halls are provided so that they can engage in
cultural, creative and
scientific activities that help to develop their
initiative and their innovative capabilities. Painting, wall magazine and other
competitions are organized under expert supervision and various sports
activities, competitions, events and festivals are also organized
for children.
- The
State of Qatar is committed to the welfare and development of children as a
religious, national and humanitarian obligation stemming
from our spiritual and
social beliefs and values and our local, Arab and Islamic aspirations. All the
government sectors are endeavouring
to create appropriate conditions for the
proper upbringing of children in an atmosphere of freedom, dignity and
humanitarianism.
- Since
radio and television are among the media which have the greatest educative
influence on the lives of children and help to form
their personalities and
their social adaptability through numerous child-oriented programmes designed to
teach and instil a personal
sense of values, Qatari radio and television, in
collaboration with various social institutions, are making great endeavours to
foster
and develop the perceptive faculties of children, promote their welfare
and protection and make them aware of their universally recognized
right to care
and education. Schools at all levels help in the preparation of broadcasts for
children which encourage them to read,
emphasize the vital importance of
education, promote social values and provide them with knowledge. On the
occasion of local and
international celebrations, Qatari radio and television,
in association with various institutions, organize festivals devoted to
the
health, environment or culture of children and, in general, any aspects of their
rights. There are also general programmes promoting
conduct and standards that
enable children to adopt socially acceptable modes of behaviour and play
specific roles in society while,
at the same time, making them more responsive
to, and more willing to comply with, endogenous and exogenous rules of social
conduct.
By focusing on children’s activities, these programmes endeavour
to provide them with a dose of culture and teach the values
and modes of conduct
which they should adopt.
- Through
these programmes, children identify with their peers (beginning of social
interaction), learn not to discriminate against
others on grounds of race,
language, religion or gender, make new friends, become more familiar with the
situation and environment
of children by asking questions and, by observing or
participating in competitions, learn the merits of equality, justice and every
child’s right to win or succeed on the basis of his or her work and
endeavours.
- Many
children have participated in radio and television programmes by writing letters
expressing their views on certain family matters
or explaining the positive and
negative aspects of their relationship with their parents, their family, their
school or their teachers
and the various information media are attempting to
shed light on some of the problems and concerns of children by interviewing them
or quoting their letters.
- There
are programmes to discover the various talents of children, to provide them with
proper guidance, to encourage them to pursue
their hobbies and to promote
understanding and encouragement on the part of their families and schools. Some
children participate
in the oral presentation of certain programmes, thereby
furthering their aspirations and selfconfidence. The children’s
programmes
receive numerous letters from various countries containing
information, ideas and questions requiring replies. There are also magazines
produced by children themselves. All this indicates
the extent of the
children’s desire to participate in such programmes either by writing
letters or by attending in person.
- Through
the production of children’s programmes, the State is endeavouring to use
them as an educational means to satisfy the
various questions, desires and
aspirations of children in a manner which shows due regard for all the social,
educational and psychological
components of the child’s world. Moreover,
in their children’s programmes, the radio and television media do not
neglect
the disabled, who also participate in the programmes and are treated on
an equal footing with their ablebodied peers.
Details of children’s programmes broadcast on Qatar
Radio in 1997
- The
latest annual statistics compiled by the Public Relations, Exchange and Research
Department of Qatar Radio contain the following
information.
- In
1997, programmes intended for four categories (families, children, youth
and nomads) were broadcast for a total of 799 hours 22
minutes,
(i.e. 4 per cent of the total radio broadcasting
time).
Radio broadcasts
|
Total broadcasting time of children’s programmes
|
Hours
|
Minutes
|
Programmes
|
79
|
15
|
English programme
|
48
|
-
|
Urdu programme
|
24
|
11
|
Holy Koran programme
|
13
|
50
|
|
165
|
16
|
- The
total broadcasting time of children’s programmes on Qatar Radio during
this period amounted to 165 hours 16 minutes, equivalent
to
20.67 per cent of the broadcasting time devoted to programmes for the
abovementioned categories.
- Children’s
programmes are broadcast on a regular basis every week and children participate
in the presentation of 90 per cent
of all the programme items
broadcast. Special programmes for children are also presented on national and
religious holidays, etc.
- Children
receive special attention not only through their weekly programmes but also
through the daily family programmes, most of
which focus on the upbringing and
education of children, ways to deal with their problems and their interaction
with their family
and their environment.
- The
Radio covers various local, Arab and international children’s activities,
to which sufficient broadcasting time is allocated
in its cultural, artistic and
special programmes.
VIII. SPECIAL PROTECTION MEASURES
Articles 22, 38 and 39
Children in emergency situations
- With
regard to article 22 of the Convention, although the State of Qatar has not
promulgated any national legislation regulating the
status of refugee children,
in principle it has no objection to the obligation to extend assistance to
refugee children and to attempt
to trace their parents if they are in Qatar or
if the State has any information that might help the child in this
connection.
- With
regard to the implementation of the provisions of this article, the State of
Qatar has acceded to the Geneva Conventions of 1949
relative to the Treatment of
Prisoners of War and the Protection of Civilian Persons in Time of War, which
clearly indicates the
State’s intention to honour its commitments under
the Convention on the Rights of the Child.
- With
regard to enlistment in the armed forces, such enlistment is not compulsory in
the State of Qatar, being based on the free will
of the individual. The Armed
Forces Act sets the minimum age for admission to the armed forces at
18 years, i.e. above the age specified
in the Convention on the Rights
of the Child.
- The
State of Qatar showed due regard for this right of the child even before its
accession to the Convention, as is clearly evident
from the provisions of the
abovementioned Juveniles Act. During our review of articles 37 and 39
of the Convention, we have already
referred to some of the measures taken in
this connection. Since these measures in the interests of the child were taken
before
the State’s accession to the Convention on the Rights of the Child,
its accession thereto will undoubtedly prompt it to take
further more effective
measures in future.
Article 37
The effect of criminal justice systems on
children
- Children
are protected under the provisions of the Penal Code and a number of other
special enactments prohibiting prostitution, begging
and vagrancy, etc., and
also under the provisions of the Code of Criminal Procedure concerning the trial
of juveniles.
- These
provisions show due regard for the young age of juveniles, which justifies
exemption from the penalties prescribed for offences
that they might commit or
the progressive reduction of such penalties in a manner consistent with the
juvenile’s degree of
criminal responsibility.
- The
Qatari legislature has also promulgated other substantive legal provisions
designed to protect children and juveniles from offences
committed against them
by adults, such as the offences of abduction and rape. Hence, the law affords
protection not only for young
persons
who commit legally punishable acts but also for children who are victims of
aggression. In other words, the criminal law makes provision
for the welfare of
child offenders, as well as child victims of offences.
Rules concerning the protection of juvenile
offenders
- The
rules governing the protection of juvenile offenders vary depending on the age
(i.e. the degree of criminal responsibility) of
the child or
juvenile.
- No
child under seven years of age is held responsible, in any way, for any act that
he or she might commit.
- By
law, children from 7 to 14 years of age are also exempted from punishment by
virtue of their age but are liable to correctional
measures such as a reprimand,
delivery into the custody of a guardian, enrolment for vocational training,
judicial probation or placement
in a social reform centre or health institution,
as stipulated in articles 7 and 8 of the Juveniles Act of
1994.
- A
juvenile over 14 but under 16 years of age who commits a felony or a
misdemeanour is not liable to capital punishment, imprisonment
with hard labour
or flogging. A juvenile who commits a felony punishable by death or life
imprisonment is sentenced to a term of
not more than 10 years’
imprisonment and, if he commits an offence punishable by a term of imprisonment
or a fine, he is sentenced
to not more than half the maximum legally prescribed
penalty.
Rules concerning the protection of children from
aggression
- Qatari
law contains special provisions to protect children from aggression in their
capacity as persons requiring special protection
due to their limited powers of
perception and their inability to defend themselves or their honour or to resist
enticement, corruption
or the tendency to follow bad examples set by others.
Offences against children include rape, detention, endangerment and incitement
to engage in begging or prostitution or exploitation for purposes
thereof.
Rules concerning protection in juvenile trial
procedures
- Article
28 of the Juveniles Act made provision for the establishment of juvenile courts
vested with sole jurisdiction to hear cases
involving juveniles accused of a
felony or a misdemeanour.
- Article
31 of that Act further stipulated that juvenile courts should sit in camera and
their trials should be attended only by the
juvenile, his relatives, witnesses,
representatives of the competent authority at the Ministry of the Interior and
probation officers
in order to protect the juvenile from the psychological
effects of mingling with crowds of litigants and the terrifying experience
of
appearing in an ordinary court.
- The
juvenile courts in Qatar are akin to social institutions by virtue of the
substantive and formal aspects of their composition
and their trials.
Accordingly, article 33 of the abovementioned Act stipulates that, before
adjudicating on a matter involving a
juvenile covered by the provisions of the
Act, the court must examine the report of the competent authority at the
Ministry of the
Interior, as well as the report of the probation officers, in
order to determine the physical, mental, psychological and social circumstances
that might have led to the juvenile’s delinquency or risk of delinquency.
To this end, the court may avail itself of the services
of sociologists, experts
and physicians.
- The
Act prohibits the remand in custody of suspected juvenile offenders under 12
years of age. If they are over that age and the
circumstances warrant their
detention, they are placed in a social welfare and reform centre for juvenile
delinquents for not more
than 10 years if they are convicted of a felony and not
more than five years if they are convicted of a misdemeanour. If the juvenile
suffers from a disability, he is placed in an appropriate rehabilitation
institution. These stipulations are set forth in article
14 of the
Act.
- If
the circumstances of the case warrant a preventive measure against a young
person under 12 years of age, he may be delivered into
the custody of a parent,
a trustworthy person or a specialized welfare institution or shelter and the
juvenile judge is responsible
for monitoring the enforcement of the juvenile
judgement by visiting the social welfare and vocational training centres and
health
institutions at least once every three months and by receiving their
reports on the juveniles placed therein.
- Juveniles
who are deprived of their liberty serve their sentences in special institutions
where they are separated from adult convicts.
These institutions are equipped
with the educational and correctional facilities needed to rectify deviant
behaviour, enable the
juvenile to utilize his capacities in various fields and
keep him away from anything that would remind him of crime.
- The
standards of criminal justice set forth in article 40, paragraph 2, of the
Convention are guaranteed by the Constitution of 1971, which is a general
legislative instrument applicable to felonies and misdemeanours, including those
committed by young persons.
- These
basic legal standards and principles are further detailed in the Code of
Criminal Procedure of 1971, which stipulates, inter alia, that there
is no crime except as defined by law and that everyone is presumed innocent
until proved guilty. For example, the Code
of Criminal Procedure stipulates
that, if a young person under 15 years of age stands accused of a felony, the
court must order his
natural or testamentary guardian or the person responsible
for his welfare to be present with him during all the proceedings in order
to
help him to defend himself and, if necessary, may appoint a guardian to assist
him during the litigation (art. 64). Article 32
of the Juveniles Act further
stipulates that a juvenile defendant must have a lawyer and, if he has not
chosen one, the court has
an obligation to appoint one to defend him at the
State’s expense. Under the said Act, a witness may be exempted from
taking
the oath in view of his young age or his inability to understand the
meaning of the oath and the court may hear his statements as
presumptive
evidence. Under the terms of the Act, it is prohibited to compel a young person
to give testimony or to confess guilt.
- Under
the Juveniles Act, a child or a child’s guardian has the right to appeal,
in accordance with the Code of Criminal Procedure,
against judgements handed
down by the juvenile court. Such appeals may be lodged with a higher criminal
court by the juvenile, his
legal representative or the Department of Public
Prosecutions unless the offence of which the juvenile stands accused constitutes
a felony, in which case the appeal is lodged with the Court of Appeal (art. 39).
- Although
Qatari legislation does not make explicit provision for the child’s right
to have the free assistance of an interpreter,
this falls within the
discretionary power of the juvenile judge, particularly since article 43 of the
Juveniles Act stipulates:
“A juvenile shall not be charged any fees or
expenses in respect of the court proceedings provided for under the terms of
this
Act.”
- The
Act prohibits imposition of capital punishment, life imprisonment, imprisonment
with hard labour or flogging on a juvenile. Under
article 19 of the Act:
“A juvenile over 14 but under 16 years of age who commits a felony or a
misdemeanour shall not be sentenced to capital punishment
or imprisonment with
hard labour or flogging but, instead, shall be liable to one of the following
penalties:
(a) A term of not more that 10 years’ imprisonment for the commission
of a felony punishable by death or life imprisonment;
(b) Half of the legally prescribed maximum penalty for the commission of an
offence punishable by imprisonment and/or a fine.”
In cases involving offences other than those punishable by death or life
imprisonment, instead of the penalties prescribed in that
article, the juvenile
court may impose any of the measures, excluding reprimand and delivery into the
custody of a guardian, provided
for in article 8 of the Act.
- In
order to safeguard the interests of juveniles sentenced to penalties of
imprisonment, such sentences are not served in prisons
for adults but are served
only in special governmental institutions, known as social reform centres, which
accommodate and cater
for the welfare, reform and rehabilitation of the juvenile
delinquents placed therein by order of a juvenile court.
- Article
8 of the Juveniles Act No. 1 of 1994 specifies the measures and penalties that
can be imposed on juveniles, which differ from
those to which adults are liable,
as already explained in detail in this report.
- With
a view to preserving the human dignity of children, article 20 of the
Juveniles Act stipulates that sentences imposed on juveniles
must not be entered
in their criminal record and, moreover, the penalties prescribed in the Penal
Code or any other legislation are
not applicable to them. In this connection,
article 27 empowers a juvenile court to suspend all or part of the
guardianship or custody
rights granted by order of a competent authority in the
following cases:
(a) If the guardian is sentenced, during his
period of guardianship, to a term of imprisonment for a sexual offence or to 10
or more
years’ imprisonment for other offences;
(b) If the
guardian endangers the juvenile’s wellbeing or morals through illtreatment
or bad conduct;
(c) If the juvenile is placed in a social welfare centre
in accordance with the provisions of the Act.
- Under
article 15 of the Juveniles Act, children deprived of their liberty have a
guaranteed right to health care and are placed in
a health institution if their
condition necessitates medical care and treatment.
- With
regard to the child’s right to a fair trial and to legal assistance,
article 28 of the Juveniles Act stipulates: “The
juvenile court
shall be solely competent to hear the cases of juveniles accused of a felony or
a misdemeanour or at risk of delinquency
and to adjudicate in disputes
concerning the enforcement of judgements handed down against
them.”
- In
order to safeguard the interests of juveniles during trials, the Act permits the
court to sit in a social welfare centre for juveniles
instead of the usual court
premises. The Act stipulates that such trials must be held in camera. Out
of respect for the juvenile’s
feelings and reputation, it also specifies
the persons who are entitled to attend the trial.
- Juvenile
offenders are entitled to legal assistance under the terms of article 32 of
the Act which stipulates: “A juvenile
accused of a felony must have a
lawyer. If he has not chosen a lawyer, the court shall appoint one for his
defence, in which case
the court shall assess the appropriate fees and pay them
from the funds allocated for that purpose in the budget of the courts of
justice. If the juvenile is accused of perpetrating a misdemeanour, the
appointment of a lawyer for his defence shall be at the
discretion of the
court.”
- The
Act further stipulates that, before taking any decision concerning a juvenile,
the court must examine the report of the competent
authority at the Ministry of
the Interior and that of the probation officers in order to ascertain the state
of health and the psychological
and social circumstances which might have led to
his delinquency or risk of delinquency (art. 33).
- In
cases in which a juvenile is sentenced to a penalty other than a reprimand, the
Juveniles Act permits either of his parents, his
natural or testamentary
guardian or the person responsible for him to lodge an appeal against the
judgement with the competent court
(arts. 37, 38 and 39 of the
Act).
Article 39
- With
regard to the provisions of article 39 of the Convention, the State of
Qatar showed due regard for this right of the child even
before its accession to
the Convention, as is clearly evident from the provisions of the abovementioned
Juveniles Act. During our
review of articles 37 and 38 of the Convention,
we have already referred to some of the measures taken in this
connection.
Article 32
Children in situations of exploitation
- Article
41 of the Qatari Labour Act of 1962 prohibits the employment of juveniles
without special permission from the Minister for
Civil Service Affairs with the
approval of the Minister of Education.
- Under
the Act, it is prohibited to employ children from sunset to sunrise, on days of
rest or official holidays or for more than the
normal working
hours.
- The
Qatari Labour Act further prohibits their employment for more than six hours
per day or 36 hours per week. Juveniles must not
be required to
work continuously for more than three consecutive hours and their working hours
must be interspersed with one or more
rest periods.
- The
purpose of the promulgation of these rules by the Qatari legislature was to
protect children from economic exploitation or from
engagement in any form of
work that would expose them to danger, interfere with their education or harm
their physical integrity,
their health or their moral, mental or spiritual
development.
Article 33
- Pursuant
to the provisions of article 33 of the Convention, the ultimate objective
of Qatar’s policy on narcotic drugs is to
establish a society free
therefrom. Qatar’s policy in this regard is characterized by the adoption
of preventive measures,
since the aim of all the legislation promulgated by the
State in this connection is to fully control the supply and circulation of
such
drugs. The Ministry of the Interior has a special antidrug section which is
responsible for carrying out the criminal inquiries
needed to prevent illicit
traffic in narcotic drugs, particularly in places where children are present.
- The
State of Qatar is a party to the three principal antidrug
Conventions:
(a) The Single Convention on Narcotic Drugs of 1961;
(b) The Convention on Psychotropic Substances of 1971;
(c) The
United Nations Convention against Illicit Traffic in Narcotic Drugs and
Psychotropic Substances of 1988.
- The
State of Qatar ratified the Arab Convention against Illicit Traffic in Narcotic
Drugs and Psychotropic Substances under the terms
of Decree No. 64 of
1995.
- Qatar
has also promulgated legislation which strictly regulates the use of, and
traffic in, such substances, their use being restricted
to health and
therapeutic purposes. Anyone who violates this legislation is liable to severe
penalties. These matters are regulated
by Act No. 9 of 1987.
- Although
Qatar’s schools have not reported any cases of addiction among children,
in actual fact the State’s research
centres and academic bodies have
recorded some cases of addiction, which were referred to the Ministry of Public
Health’s addiction
treatment centre.
Article 35
- The
States parties are required to take all appropriate bilateral and multilateral
measures to prevent the abduction of, the sale
of or traffic in children for any
purpose or in any form. In order to protect all persons, including children,
the State of Qatar
has promulgated legislation under which such acts are
prohibited and punishable by criminal penalties. This legislation is
illustrated
by the following.
- Article
193 of the Penal Code (Act No. 14 of 1971) stipulates: “Anyone who
imports, exports, purchases, sells or possesses
a person or acts as though he
owned or possessed the said person shall be liable to a penalty of up to 10
years’ imprisonment.”
Article 34
- Under
article 194 of the Penal Code: “Anyone who sells, purchases, rents, hires
out or in any other way acquires or disposes
of a person with a view to
employing or using the said person for purposes of prostitution or any other
immoral or illicit purpose,
or knowing that the said person would probably be
employed or used for any of the said purposes, shall be liable to a penalty of
up to 10 years’ imprisonment.”
Article 30
Children belonging to a minority or an indigenous population
group
- Article
30 of the Convention makes provision for the protection of children belonging to
specific minorities.
- In
the State of Qatar, there are no ethnic, religious or linguistic minorities or
persons of indigenous origin. Almost all the population
of Qatar belong to a
single ethnic group and the ethnic and linguistic minorities living in the State
are regarded as immigrant labour
holding temporary residence permits, although
they enjoy all their rights during their period of residence in the State,
including
the right to education in their mother tongues and the right to engage
in their religious observances.
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