Fighting Domestic Violence

United Arab Emirates

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2. Introduction: framework guiding domestic violence law
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2. Introduction: framework guiding domestic violence law Start Comparison
2.1 Are there civil and criminal legal remedies for domestic violence victims?

Yes, the public prosecution of the UAE courts may, of its own accord or at the victim's request, issue a restraining order obliging the abuser to do the following:

  1. stay away from the victim
  2. stay away from the places prescribed for protecting the victim or any other place mentioned in the restraining order
  3. not afflict damage on the personal property of the victim or any of their family members
  4. enable the victim or their delegate to receive their necessary personal belongings
  5. any other procedures that the public prosecution deems necessary to include in the restraining order, which would provide effective protection for the victim or any persons who are likely to be exposed to harm due to their relationship with the victim

Whoever violates a restraining order issued under the provisions of the 2019 Federal-Decree Law No. 10 will be sentenced to imprisonment for up to three months and/or a fine of between AED 1,000 and AED 10,000. The penalty will be doubled if the restraining order is violated by using violence against any person covered by this law.

Whoever commits any of the domestic violence acts identified in the law, will be sentenced to imprisonment for up to six months and/or a fine of up to AED 5,000. The UAE courts may double the penalty if the perpetrator commits any of the domestic violence acts within one year of committing the previous act.

2.2 Is domestic violence identified in national law as a human right (noting that at a European level protection from domestic violence has not been explicitly identified as a human right but is indirectly captured by the other provisions)?
The 2019 Federal-Decree Law No. 10 has no mention of whether protection from domestic violence is identified as a human right. 
2.3 Has your country signed and ratified the conventions?
Yes, the UAE has ratified the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).
2.4 If it has ratified the Maputo Protocol, how has it been implemented into national law (African Union member states only)?
N/A

2.5 If it has ratified the 1979 Convention (CEDAW), how has the recommendations part of General Comment No. 35 been implemented into national law?

We are not aware of any specific actions taken by the UAE on the implementation of the recommendations part into national law. As mentioned in Section 1, the principal law is the 2019 Federal-Decree Law No. 10, all definitions and consequences of a breach of the law are addressed in this note.

2.6 If the conventions have not been ratified or signed, is it envisaged that your country will do so?
The UAE has ratified the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). We understand that the Maputo Protocol is for African Union member states only. 
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