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Human rights in the United Arab Emirates

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  • 9 chapters

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Through Human Rights Watch, Cohabitation and Inheritance

The government restricts freedom of speech and freedom of the press, and the local media are censored to prevent criticism of the government, government officials or royal families. As a result, the UAE routinely ranks near the bottom of many international indexes for human rights and press freedom.

Despite being elected to the UN Council, the UAE is not a signatory of many international human rights and labour rights treaties, including the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, and the United Nations Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.

In November 2020, the UAE overhauled its legal system and enacted a number of reforms, including lowering restrictions on alcohol consumption, permitting cohabitation, imposing harsher sentences for honor killings, and removing corporal punishment as a legal form of punishment in its penal code.

Law and justice

Capital punishment

Although authorised, the death penalty is rarely applied in the UAE as the law requires that a panel of three judges agree on the decision of a sentence to death, which can be commuted if the family of the victim forgives the convict or accepts financial compensation for the crime. When a family accepts financial compensation, the court can jail a convict to a minimum of three years and a maximum of seven years.

Execution in the UAE is applied through a firing squad. Before 2020, the law included stoning as a form of punishment due to Sharia law being incorporated in the penal code; there are no reports of the sentence ever being applied.

Sharia law

Sharia is the principal source of Muslim family law. Sharia courts have exclusive jurisdiction to hear family disputes, including matters involving divorce, inheritances, child custody, child abuse and guardianship for Muslims in the UAE. All other laws are based on civil law.

The UAE penal code was updated in 2020 to remove hudud forms of punishment – which included flogging and stoning – prescribed in Sharia law, allowing only qisas (retribution) and diyas (blood money) sharia provisions. All known sentences that included flogging were issued before 2016. These were for various charges, including verbal abuse impugning sexual honour, adultery, physical abuse, alcohol consumption by Muslims, and extra-marital sex. The sentences ranged from 40 to 200 lashes. The last known stoning sentence is from 2014. All cases handed a stoning sentence were for adultery; none were ever carried out.

Apostasy

Apostasy is technically a crime punishable by death in the UAE, but there are no known prosecutions for apostasy.

Family law

The Sharia-based personal status law regulates matters such as marriage, divorce and child custody. Sharia courts have exclusive jurisdiction to hear family disputes, including matters involving divorce, inheritances, child custody, child abuse and guardianship of minors. Polygamy is legal for men, and Muslim women must receive permission from male guardian to marry and remarry, and are not allowed to marry non-Muslims. Before 2020, Sharia law was sometimes applied to non-Muslims personal status matters, but the law was changed federally to apply civil family law to non-Muslims. During this time, co-habitation was legalised and a legal process was made for children born outside of wedlock.

Blasphemy

Blasphemy of all faiths is illegal since 2015, with punishments of a 5-year prison term, a fine of five-hundred thousand to 2 million dirhams, or both; expats involved in insulting Islam are liable for deportation.

A federal law in the UAE prohibits swearing in WhatsApp and penalises swearing by a $68,061 fine and imprisonment; expats are penalised by deportation. In July 2015, an Australian expat was deported for swearing on Facebook.

Homosexuality and extra-marital sex

In 2020, the penalties for homosexuality and extra-marital sex were altered. Such activity continues to be illegal and offences are punishable by a minimum of 6-months in prison; they are not prosecuted, however, "except on the basis of a complaint from the husband or [male] legal guardian". Any penalty may be suspended if the complaint is waived. Even before this change, there were no known arrests or prosecutions for same-sex sexual activity since at least 2015, when, under the previous UAE penal code, the penalty for same-sex or extra-marital sexual activity was between one and fifteen years in prison, and prosecution could proceed at the discretion of police or other authorities.

Authorities have used "public decency" laws as a reason to punish perceived homosexual activity, such as a case in 2017 in which a man was sentenced to three months in prison for touching another man's hip at a bar, apparently in an effort to prevent a drink being spilled. Traditional interpretations of Sharia generally prescribe death as a penalty for sodomy and adultery as zina crimes; while the penal code did not prescribe capital punishment for these offences, courts were permitted to apply sharia provisions as hudud (doctrinal penalties). Article 1 of the new 2020 penal code specifically limits sharia penalties to qisas (retribution) and diyas (blood money) crimes, excluding hudud offences, for which only sentences codified in UAE law may be applied. There has never been a documented case of the death penalty being applied for homosexual activity in the UAE.

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