Comparison of UAE Law and International Law on Children Rights Protection - Research Proposal Example

Name Tutor’s Name Course Date Comparison of UAE Law and International Law on Children Rights Protection Introduction Before international laws came into force, many national legal frameworks considered children, lunatics and married women as legally incompetent beings and as a result, needed not to enjoy their basic human rights or any form of protection. Women and lunatics, with time, were allowed to exercise some special forms of protection; however, children were still denied such rights due to the argument that they were paternal property. The situation began to change in the early 10th century when various authorities started to recognize childhood as a special status, calling for special forms of protection. In recent years, movements advocating for children rights protection have sprung up in several countries, states, and emirates to ensure that children are no longer subject to torture or any form of mistreatment as they used to in the past. As a result of such movements, legal systems, such as the international law and UAE (United Arab Emirates) law, have been formed to provide momentum into the fight against any mistreatment against children. Both the international law and UAE law on children rights protection lay heavy penalties on any individual found violating the rights of children. This paper will discuss protection of the rights of children by comparing how the UAE and international laws advocate for the protection of children rights. Aim of the Study The aim of this study will be to find data that will help to establish an exclusive comparison of the UAE and the international laws on children rights protection. The study will provide similarities as well as differences that exist between the two laws with reference to the protection of the rights of children. The study will also outline the importance of the two laws in the respective regions in which they apply. Scope of the Study This study is supposed to provide data with information about the UAE law and the international law on children rights protection. Although it is recommended to cover everything concerning the two laws, the study will not address every detail about the laws due to constraints in terms of resources and time limits. The study will only cover the similarities and differences between the two laws in relation to the protection of children rights. Under similarities, the study will outline who is considered as a child under the two legal systems. Under differences, the study will research about the history, punishments, importance, and enforceability of each of the two laws. Problem of the Study The topic of children rights protection has been a serious issue in many countries. Some countries still do not have appropriate legal mechanisms in place that they can rely on to protect the rights of children. Some countries and regions, such as the UAE, are never sure whether the legal systems they have in the place will effectively protect the rights of children within their territories. Through the comparison of a specific piece of legislation on children rights protection with other laws serving the same purpose, the UAE can be able to determine whether its children protection law is effective. This study therefore, seeks to establish the effectiveness of the UAE Law on children rights protection by comparing it to the international law, which protects the same category of rights. Research Questions These include the questions that will be used to guide the research study. These questions will be used to collect information, which will be used to establish the similarities and differences between the UAE Law and the international law on children rights protection. The research study will be guided by two questions, which include: 1. What are the similarities between the UAE law and the international law regarding children rights protection? 2. What are the differences between the UAE law and the international law as regards children rights protection? Methodology of Study The methodology of the study will include a number of aspects and designs, which will be followed to make it successful. These aspects include participants, recruitment and sampling, data collection and analysis, materials, and ethical considerations. Participants This study will involve a sample of 200 participants from the United Arabs Emirates, where the UAE law that protects children rights is applied, and the United Kingdom as one of the countries in which the international law on children rights protection is applicable. The sample will comprise 100 participants from the UAE and 100 from the United Kingdom. There will be 70 male and 30 female participants from each of the two regions. The study will draw participants mainly from various law firms, especially those that major on children cases. Some of the participants will also be drawn from non-governmental organizations and civil societies, which advocate for the protection of the rights of children. The participants will be lawyers and other legal experts who are directly involved in children rights protection and have vast experience in such cases and issues. This implies that the main inclusion strategy for an individual to participate in the study will be that they must be a lawyer or another type of legal expert who works with an organization advocating for children rights protection. Each participant will be interviewed for about 30 minutes to avoid taking much of the participants’ working time. Since the participants are professionals and the study in its nature is lawful and ethical, there will be no need to provide any financial incentives to the participants. Recruitment and Sampling The participants will be recruited at their various places of work. This will make the recruitment process easier as the recruiting panel will not have to look for leads or any referrals to find potential participants. The participants will be fully informed in advance about the content of the questionnaires that they will be issued with. This is intended to give the participants ample time to prepare for the study adequately. It is assumed that it will not be difficult to gain informed consent from the participants owing to the fact that the participants are professionals and the study is legal and ethical in every aspect. It is hoped that the participant will give their informed consent at the request of the recruiting teams. This study will apply two sampling methods in the recruitment process: judgment sampling and quota sampling. Through judgment sampling, the researcher will use their own judgment to determine the required samples (Sekaran 277). The researchers will recruit most participants from UAE and UK cities that are perceived to have the highest number of issues of children rights protection. The quota sampling method will then enable the researchers to divide the selected cities into strata that will represent the proportions according to the population (Rubin and Babbie 173). It will be easier for the researchers to select the participants from the strata using their knowledge of judgment sampling. Data Collection and Analysis The data that will be collected in this study will be purely qualitative. Qualitative data refers to information presented in narrative or conversational form without any numerical details. The data collected will only be qualitative owing to the fact that the nature of the study is, in itself, qualitative. The data will help to answer the research questions, which are all about the similarities and differences between the UAE law and the international law on children rights protection. By presenting the data in qualitative form, the researchers will be able to deduce the differences and similarities that exist between the two laws. The data will be collected by researchers comprising a team of students who take research-related courses. The researchers will collect the data from the participants’ places of work as this will be the most convenient way for them. The participants with any difficulties in understanding the questions will be assisted by the researchers. The participants who are located far away from the college or who will be unable to meet the participants in their places of work will be interviewed through telephones. Such participants will be asked to issue the researchers with their telephone contacts during the recruitment process. This implies that the main data collection procedures in the study will be face-to-face and telephone interviews. These procedures are preferable as they are convenient for both researchers and participants; they are also reliable and likely to provide information that is not tampered with in any way. Materials The main materials that will be used in this study are questionnaires. In this study, questionnaires will be considered as research equipment containing questions and other items, used to collect data from the participants. The questions in the questionnaires will be designed in such a way that the researchers will have an easy time in gathering the specific information required to answer the research questions. In such a study, questionnaires are important in collecting specific information relating to research questions, enhancing participants’ engagement and concentration, reducing bias in designing and posing questions, and easing analytical processes. In this study, the researchers will collect qualitative data that will be used to establish the similarities and differences between the UAE law and international law on children rights protection. To achieve this, the questions in the questionnaire will be designed in an open ended way. Open ended questions are important, especially in situations where the respondents are required to provide explanations or describe their responses in relation to what is being measured or the phenomenon being studied. In this study, the participants will be expected to describe the similarities and differences between the two laws. The participants will also be expected to provide various details regarding to the two laws. The questions that will appear in the questionnaires will be formulated in such a way that they provide the respondents with an opportunity to give explanations. Some of the open-ended questions that will appear in the questionnaires include: 1) How does the UAE and international laws protect children rights? 2) Who are the people involved in reinforcing the children’s rights protection laws? 3) Which improvements have the protection laws brought in advocating for the protection of the rights of children? 4) How effective are the two laws in protecting the rights of children? The questions are likely to differ depending on the regions in which the participants come from. Participants from the United Kingdom will be asked questions relating to the international law, while those from the UAE will be asked about the UAE law. Ethical Considerations It is argued that in many research studies, which humans are called upon to take part, there is always a trade-off to be formulated between the interventional costs relating to the participants and the value that is likely to be obtained in carrying out the study. The costs of interventions to the participants are normally considered in terms of aspects such as health risks, discomfort, and infringement of an individual’s privacy. In the study to be conducted, the ethical issues that are likely to arise include those relating to power relationships, consent, confidentiality, and conflict of interests. However, the study will put measures in place to address the ethical considerations. The issue of consent will be addressed by requesting the participants give their consent before the commencement of the study. The problem of privacy violation will be addressed by hiding the identities of the participants who may not want their identities revealed to the public. The problem of conflict of interest will be dealt with by recruiting participants who are non-partisan to the research. The only way by which conflict of interest would arise in this study is when respondents are actively involved in politics and may fail to provide the correct information for fear of hurting their political careers. Literature Review Brief History and Objectives of the UAE Law and the International Law The most common UAE law that advocates for the protection of the rights of children is Wadeema’s Law. Wadeema’s Law, though not yet operational, is expected to be effective once it is approved by the UAE parliament. The proposed Wadeema’s Law is named after Wadeema: an eight-year-old girl who was allegedly starved, mistreated, and tortured by her own father and his girlfriend. In fact, as a result of the girl’s death, the father and his girlfriend were arrested and are currently on trial (Nerem 1). The ordeal of the little girl came to surface in the year 2012, Sheikh Mohammed bin Rashid, Dubai’s Ruler and Vice President of the UAE, ordered for a speedy investigation, which was started by the concerned authority to try to unveil the cause of the little girl’s death. It is as a result of the vice president’s directives that Wadeema’s Law was formulated (Issa 1). The main objective of Wadeema’s Law will be ensure that the children living in the UAE region are protected so that none of them will experience the kind of ordeal that Wadeema underwent, leading to her death. The law will be used to ensure that every UAE child is entitled to a secure life and permanent care, which is free from any form of emotional or psychological torture (Issa 1). It is expected that the law will accord heavy punishments on any person found guilty of infringing on or disregarding children rights. The law will be in support of the UAE belief that the future of the region is only protected when children are well protected (Nerem 1). On the other hand, the international law on children’s rights found its roots from the League of Nations as early as 1921 when these countries formed a special committee to look at the issues relating to children protection and slavery and trafficking of women and children (Sloth-Nielsen 25). In 1924, the initiation of the League of Nations saw the Assembly of the League adopt the Geneva Declaration of the rights of the child. The Declaration, “the child must be given the requisite for its normal development, both materially and spiritually,” comprised duties approved and accepted by all nations (Alston 1). Since 1924, the international law has had a number of amendments to make it more effective. The most important of such amendments is the Declaration of the Rights of the Child, adopted by the United Nations General Assembly in 1959. The Declaration has 10 principles, all of which advocate for the protection of children rights. Some of the principles include special protection to children, opportunities and facilities to help them develop in the most appropriate way, social security benefits, and education rights and protection against neglect, exploitation, and cruelty (Fortin 35). Definitions of a Child in the Two Laws The UAE law on children rights considers a child as any person who is below the age of 18. The law asserts that anybody below the age of 18 cannot take care of himself/herself and as a result, needs legal protection. Such a person, according the international law on children rights, should be protected against any form of mistreatment, such as torture and starvation, which he may be subjected to by his parents or guardians. For that reason, the law works to ensure that children develop normally without undergoing any form of physical, psychological, or emotional instability (Salem 1). Unlike the UAE law, which defines a child as anybody between birth and the age of 18, the international law has had challenges in providing a definite definition for who a child is. The international law has problems setting the lower and upper age limits for a child. The available international legal mechanisms have various conflicts, when it comes to what the lower and upper age limits for a child need to be (Carpenter 4). This problem is mostly caused by the conflicting provisions regarding legal documents and other adult activities. For instance, the 1962 Convention on Consent to Marriage allows countries to set their own minimum age for marriage, while the Supplementary Convention on Slavery of 1956 sets the age of 18 as the upper limit for a child (Sheehan, Rhoades, and Stanley 24). Although the UN Commission on Human Rights is yet to set a definite upper age limit for a child, the international law on children rights protection considers a child as anybody below the age of 18. The Convention on the Rights of a Child spells out that a child is any person between birth and the age of 18. The convention regards the age 18 as a uniform age that takes into account the diversity that exists in national age limits. However, the convention provides room for any country criticisms that may be brought up by any country (O’Neil and Zinga 115). How the Two Laws Protect Children’s Rights The two legislation pieces, the UAE and international laws, are effective in protecting the rights of children. The UAE law has several provisions that ensure that children in the region are protected against any kind of mistreatment (Abaid, Mansoor, and McCorquodale 4). The UAE law, for instance, bars children from going into places, such as shisha cafes, because of the health dangers that children may be exposed to in the areas. The law also bars children from seeing films that are rated inappropriate for underage persons. The UAE law gives heavy fines or punishments for people found allowing children to access adult places or watch films that are inappropriate for children. The law also bars any individual who has been convicted of child abuse-related cases from working in any job involving children (UAE Interact 1). To enhance relevance and effectiveness, the UAE law works closely with doctors, teachers, human rights personnel, and other people who relate with children more often. The law legally compels these individuals and groups to report to the relevant authorities any cases of child abuse, failure to which they are held reliable (Issa 1). The international law protects the rights of every child including refugees, illegitimate people, disabled, exploited, and fostered children or those in armed conflicts. The law compels state parties to ensure that the rights of both accompanied and unaccompanied children are properly protected (Butler 14). The law also provides recognition to illegitimate children and regards them with the same respect as the legitimate ones. The UN member states are required to protect the rights of all children, including those considered illegitimate. The law has provisions that protect abducted and disabled children. The two categories are considered as special groups by the law and accorded special protection and treatment (Kaime 15). Limitations of the Study Although various measures have been put in place to ensure that this study will be successful, a few limitations are likely to be encountered during the research process. Firstly, it is speculated that some respondents may fail to give the correct information, a fact that will interfere with the validity of findings. Secondly, the data collected may not adequately representative since the study will not be conducted all over the globe. Lastly, the findings and conclusions made from this study may not be comprehensive since the number of people who will be recruited to participate is small and may not represent all the situations as they occur in other parts of the world, such as Africa. Importance of the Study The findings of this study will be extremely helpful in a number of ways. Firstly, the findings will be used to enhance the effectiveness of the two laws, especially the UAE law, by proposing necessary amendments. Secondly, the findings of the study will be used to educate nations, especially the countries that do not properly protect children rights, on the importance of ensuring that children are protected as a way of enabling them to develop without emotional, psychological, or physical instability. The findings of this study will also be used to educate and attract various international organizations, especially non-governmental international organizations, to work together with laws on children rights protection to ensure that they become more effective and relevant to the different situations in various parts of the world. Works Cited Abaid, Nisirine, Farkhanda Zia Mansoor, and Robert McCorquodale. Criminal Law and the Rights of the Child in Muslim States: A Comparative and Analytical Perspective. London: British Institute of International and Comparative Law, 2010. Print. Alston, Philip. Children’s Rights in International Law. Cultural Survival, 19 Feb. 2010. Web. 9 Sep. 2013. Butler, Clark. Child Rights: The Movement, International Law, and Opposition. West Lafayette, IN: Purdue University Press, 2012. Print. Carpenter, Charli. Born of War: Protecting Children of Sexual Violence Survivors in Conflict Zones. Bloomfield, CT: Kumarian Press, 2007. Print. Fortin, Jane. Children’s Rights and the Developing Law. New York, NY: Cambridge University Press, 2009. Print. Issa, Wafa. Wadeema’s Law on Child Protection Under Fire From UAE Parents. The National, 22 Jan. 2013. Web. 9 Sep. 2013. Kaime, Thoko. The Convention of the Rights of the Children: A Cultural Legitimacy Critique. Groningen: Europa Law Publishing, 2011. Print. Nerem, Vivian. Wadeema’s Law to Protect UAE Children in Memory of Tortured Girl. The National, 13 Nov. 2013. Web. 1 Sep. 2013. O’Neil, Tom, and Dawn Zinga. Children’s Rights: Multidisciplinary Approaches to Participation and Protection. Buffalo, NY: University of Toronto Press, 2012. Print. Rubin, Allen, and Earl Babbie. Essential Research Methods for Social Work. Belmont, CA: Cole Cengage Learning, 2013. Print. Salem, Ola. Wadeema’s Law to Include Anti-Truancy Measures. The National, 10 May 2013. Web. 9 Sep. 2013. Sekaran, Uma, and Roger Bougie. Research Methods for Business: A Skill-Building Approach. Chichester: Wiley, 2010. Print. Sheehan, Rosemary, Helen Rhoades, and Nicky Stanley. Vulnerable Children and the Law: International Evidence for Improving Child Welfare, Child Protection and Children’s Rights. London: Jessica Kingsley Publishers, 2012. Print. Sloth-Nielsen, Julia. Children’s Rights in Africa: A Legal Perspective. Burlington, VT: Ashgate, 2008. Print. UAE Interact. Wadeema’s Law Redifines Child Protection. UAE Interact, 14 Jan. 2012. Web. 9 Sep. 2013. Read More