Rape and Domestic Violence: The law criminalizes rape, which is punishable by death under the penal code. The penal code does not address spousal rape. In October the Dubai Court of First Instance sentenced a policeman to six months in jail for raping his fiancee. The defendant argued that he considered the two married at the time of the offense.
The penal code allows men to use physical means, including violence, at their discretion against female and minor family members. Punishments issued by courts in domestic abuse cases were often minimal. In some cases, police shared a victim’s contact information with her/his family, which sometimes reached the assailant.
In general, the government did not enforce domestic abuse laws effectively, and domestic abuse against women, including spousal abuse, remained a problem. There were reports employers raped or sexually assaulted foreign domestic workers. These cases rarely went to court, and those that did led to few convictions. In sharia courts, which are primarily responsible for civil matters between Muslims, the extremely high burden of proof for a rape case contributed to a low conviction rate. Additionally, female victims of rape or other sexual crimes faced the possibility of prosecution for consensual sex outside marriage instead of receiving assistance from authorities.
Victims of domestic abuse may file complaints with police units stationed in major public hospitals. Social workers and counselors, usually female, also maintained offices in public hospitals and police stations. There were domestic abuse centers in Abu Dhabi, Dubai, Ras al-Khaimah, and Sharjah.
The government, in coordination with social organizations, sought to increase awareness of domestic violence, conducting seminars, educational programs, symposiums, and conferences. The Dubai Foundation for Women and Children increased awareness of domestic violence through social media, television and radio programming and advertising, by hosting workshops and sponsoring a hotline.
Female Genital Mutilation/Cutting (FGM/C): The law does not address FGM/C, although the Ministry of Health prohibits hospitals and clinics from performing the procedure. The practice was rare and confined to foreign residents.
Sexual Harassment: The government prosecutes harassment via the penal code. Conviction of “disgracing or dishonoring” a person in public is punishable by a minimum of one year and up to 15 years in prison if the victim is under age 14. Conviction for “infamous” acts against the rules of decency is punishable by a penalty of six months in prison, and “dishonoring a woman by word or deed on a public roadway” is also a punishable offense.
Coercion in Population Control: There were no reports of coerced abortion, involuntary sterilization, or other coercive population control methods. Estimates on maternal mortality and contraceptive prevalence are available at: www.who.int/reproductivehealth/publications/monitoring/maternal-mortality-2015/en/ .
Discrimination: Women in general faced legal and economic discrimination, with noncitizen women at a particular disadvantage.
The government’s interpretation of sharia applies in personal status cases and family law. As noted above, local interpretation of sharia forbids Muslim women to marry non-Muslims.
In addition the law permits a man to have as many as four wives, women normally inherit less than men, and a son’s inheritance may be double that of a daughter.
For a woman to obtain a divorce with a financial settlement, she must prove her husband inflicted physical or moral harm upon her, abandoned her for at least three months, or had not provided for her or their children’s upkeep. Physical abuse claims require medical reports and two male witnesses. It is up to the judge’s discretion to consider women as full witnesses or half witnesses. Alternatively, women may divorce by paying compensation or surrendering their dowry to their husbands. Strict interpretation of sharia does not apply to child custody cases, as courts have applied the “the best interests of the child” standard since 2010.
The law provides for corporal punishment for sexual relations and pregnancy outside of marriage. The government may imprison and deport noncitizen women if they bear children out of wedlock. In previous years, authorities arrested some victims of sexual assault for sexual relations outside of marriage.
Women who worked in the private sector regularly did not receive equal benefits and reportedly faced discrimination in promotions and pay (see section 7.d.). Labor law prohibits women from working in hazardous, strenuous, or physically or morally harmful jobs.
While foreign men working in the country and earning a salary above a certain level could obtain residency permits for their families for three years, a foreign woman could obtain a one-year, renewable permit for her family only if she was working in a job deemed rare or with a specialty such as health care, engineering, or teaching.
While education is equally accessible, federal law prohibits coeducation in public schools and universities, except in the United Arab Emirates University’s Executive MBA program and in certain graduate programs at Zayed University. A large number of private schools, private universities, and institutions, however, were coeducational.
The government excluded women from certain social benefits, including land grants for building houses because tribal family law often designates men as the heads of families.
The government has a Gender Balance Council to promote a greater role for female citizens, but not noncitizens, who were working outside the home.
Birth Registration: Children generally derive citizenship from their parents. As noted above, the children of Emirati mothers married to foreigners did not receive citizenship automatically. The government registered noncitizen births, including of Bidoon.
Education: Education is compulsory through the ninth grade; however, the law was not enforced, and some children did not attend school, especially children of noncitizens. Noncitizen children could enroll in public schools only if they scored more than 90 percent on entrance examinations, which authorities administered only in Arabic. The government provided free primary education only to citizens. Public schools are not coeducational after kindergarten. Islamic studies are mandatory in all public schools and in private schools serving Muslim students.
Child Abuse: The law prohibits child abuse and the government has taken steps to increase awareness of the issue. The government provided shelter and help for child victims of abuse or sexual exploitation.
Early and Forced Marriage: The legal age of marriage for both men and women is 18.
Sexual Exploitation of Children: The law criminalizes the sexual exploitation of children, with a minimum penalty for conviction of 10 years in prison. Consensual sex is illegal outside of marriage, carrying a minimum penalty of one year in prison. The penalty for conviction of sex with children under age 14 is life imprisonment. Distribution and consumption of child pornography is illegal.
International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at travel.state.gov/content/childabduction/en/legal/compliance.html.
There is no indigenous Jewish community. There were no synagogues and no formal recognition of the very small foreign Jewish population (which constituted less than one percent of the population); the foreign Jewish community could conduct regular prayer services in rented space. Occasionally, social media contained anti-Semitic remarks, and there was anti-Semitic material available at some book fairs, including a few that operated with government oversight.
Trafficking in Persons
See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.
Persons with Disabilities
The law prohibits discrimination against persons with disabilities in employment, education, air travel and other transportation, access to health care, or the provision of other state services; however, some discrimination occurred.
Public and private facilities provided education, health services, sports, and vocational rehabilitation for persons with disabilities; however, capacity was insufficient. Many of the facilities were reserved for citizens. There were reports that in some cases authorities detained individuals for behavior linked to a mental disability, rather than send them to a medical facility. These individuals were later acquitted because of their disabilities.
The Ministry of Community Development (formerly Social Affairs) is the central body dealing with the rights of persons with disabilities and raising awareness at the federal and local level. In accordance with the law, most public buildings provided some form of access for persons with disabilities.
Government entities, including the Ministry of Community Development, the Services for Educational Development Foundation for Inclusion, and the Sports Organizations for Persons with Disabilities, sponsored conferences and workshops emphasizing the inclusion and integration of persons with disabilities into schools and workplaces.
Various departments within the Ministries of Human Resources and Emiratization (formerly Labor), Education, and Community Development are responsible for protecting the rights of persons with disabilities, and the government enforced these rights in employment, housing, and entitlement programs. While enforcement was effective for jobs in the public sector, the government did not sufficiently encourage hiring in the private sector. The emirate of Abu Dhabi reserved two percent of government jobs for citizens with disabilities, and other emirates and the federal government included statements in their human resources regulations emphasizing priority for hiring citizens with disabilities in the public sector. Public sector employers provided reasonable accommodations, defined broadly, for employees with disabilities. The employment of persons with disabilities in the private sector remained a challenge due to a lack of training and opportunities, and societal discrimination.
The government sponsored several initiatives to host international conferences for persons with disabilities emphasizing rights, opportunities, and the importance of social inclusion. The government also improved accessibility of public facilities. The government announced its National Strategy for Empowerment of People with Disabilities in April, which included designation of a dedicated person in every service-related organization to be in charge of facilitating services for persons with disabilities and launched a campaign to change the language that formerly referred to persons with disabilities to “people of determination.”
Approximately 90 percent of the country’s residents were noncitizens, more than half of whom originated from the Indian subcontinent. Societal discrimination against noncitizens was prevalent and occurred in most areas of daily life, including employment, education, housing, social interaction, and health care.
The law allows for criminalizing commercial disputes and bankruptcy, which led to discrimination against foreigners. Authorities enforced these laws selectively and allowed citizens to threaten noncitizen businesspersons and foreign workers with harsh prison sentences to assure a favorable outcome in commercial disputes.
Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity
Both civil law and sharia criminalize consensual same-sex sexual activity. Under sharia, individuals who engage in consensual same-sex sexual conduct could be subject to the death penalty. Dubai’s penal code allows for up to a 10-year prison sentence for conviction of such activity. There were no reports of arrests or prosecutions for consensual same-sex activity. The law permits doctors to conduct sexual reassignment surgery so long as there are “psychological” and “physiological” signs of gender and sex disparity. The penalty for performing an unwarranted “sex correction” surgery is three to 10 years in prison.
There were reports of LGBTI persons being questioned in Dubai airport. Due to social conventions and potential repression, LGBTI organizations did not operate openly, nor were gay pride marches or gay rights advocacy events held. There were no government efforts to address potential discrimination.
By law wearing clothing deemed inappropriate for one’s sex is a punishable offense. The government deported foreign residents and referred the cases of individuals who wore clothing deemed inappropriate to the public prosecutor.
HIV and AIDS Social Stigma
Noncitizens and, to a lesser extent, citizens, with HIV/AIDS and other diseases faced discrimination. Legal protections regarding employment and education discrimination against individuals with HIV/AIDS, as well as free access to HIV treatment and care programs, existed for citizens; however, noncitizens did not have these rights. The government does not grant residency or work visas to persons with certain communicable diseases including HIV/AIDS, tuberculosis, or leprosy. Noncitizens who test positive for these diseases may be detained and deported. Doctors are required to inform authorities of HIV/AIDS cases, reportedly discouraging individuals from seeking testing or treatment.