Child Right law

Act No.(17) of (2022)

Child Rights Act

 

 

Article 1:

This Act shall be called (the Child Rights Act of 2022) and shall come into force after (90) days from the date of its publication in the Official Gazette.

Article 2:

A.    Subject to the provisions of the Personal Status Law, the Civil Law, and any other special provisions stipulated in the legislation in force, the term (child) shall mean anyone who is under eighteen years of age.

B.     The term (competent authorities), wherever stipulated herein, shall mean the authorities concerned with the child and to whom they provide services within the Hashemite Kingdom of Jordan according to the legislation in force, whether they are public, civil, or private.

Article 3:

 Civil status records or any equivalent thereof, or any reports issued by the medical committees formed under provisions of the Medical Committee By-law shall be deemed all as evidence of the children's birth date.

Article 4:

The child is entitled to enjoy all the rights stipulated herein, in a manner that does not conflict with public order, religious and social values, and any other relevant legislation, as to ensure that the family can maintain its legal entity as a foundation for a society that is based on religion, morality, and patriotism.

Article 5:

A.     The rights of any child to life may not be compromised in any case.

B.     Every child is entitled to be provided with sufficient care and live in an environment where he or she is properly nurtured and in which human dignity is respected, with parents being primarily responsible for raising, guiding, and nurturing their child to ensure their development.

Article 6: 

A.     The child is entitled to his or her own name, which must be registered at birth, in accordance with the Civil Status Law.

B.     A child may not be given a name that indicates any sense of inferiority or degradation or is contrary to religious beliefs, social values, or the public order, or may cause prejudice to that child.

C.     Every child is entitled to belong to a family of both parents and to be taken care of according to the personal status legislation.

Article 7:

Subject to the legislation in force, the child is entitled to:

A.    The freedom to express their opinion in accordance with public order and morals, provided that their opinions are taken with due consideration according to the age and maturity of the child.

B.     Be provided with the opportunity to be heard in any judicial and administrative proceedings affecting the child, either directly or through a representative, in accordance with the procedural rules in force.

Article 8:

A.    With due regard to the rights and duties of the child’s parents or trustees and in accordance with religious and social values ​​and the relevant legislation, the child is entitled to have his or her privacy respected. It is prohibited to expose the child to any abusive interference or illegal decision affecting the child's life, family, or home or violate their honor or reputation.

B.     In accordance with the legislation in force, the competent authorities shall adopt all the relevant policies and take all measures that prevent the child from accessing any adult or matured content or being exposed to any cases of abuse or exploitation. They are also entitled to seize, confiscate, destroy or ban any similar publications, books, records, photos, mini-films, or correspondence by any means.

Article 9:

The child is entitled to breastfeeding, fostering, guardianship, and contact with parents in accordance with personal status legislation.

Article 10:

A.    The child is entitled to be provided with free healthcare services.

B.     Health services shall be provided for free to any child who is not covered by health insurance in emergency cases that may threaten this child's life.

C.     The Ministry of Health shall develop and implement the comprehensive policies and programs to improve health services for children, and allocate sufficient resources for healthcare services.

D.    The Ministry of Health (MoH) shall take the necessary measures to implement the provisions of Paragraph (A) thereof, provided that this is initiated within a period not exceeding two years as of the effective day of the provisions of this act, and to be fully implemented within (10) years at maximum.

E.     The implementation of MoH's tasks and duties shall be regulated under the provisions of this Article. The implementation stages and the target groups (age, class, etc.) shall be regulated under a bylaw issued for such purpose.

Article 11:

In coordination with the competent authorities, the MoH shall take all the necessary measures to ensure that every child is enjoying the highest attainable standard of health, including the following:-

A.    Develop preventive basic healthcare and health education.

B.     Ensure that parents, children, and caregivers are informed about child health and nutrition as well as the advantages of breastfeeding.

C.     Prevent infectious, dangerous, and chronic diseases with the consent of the child's parents.

D.    Ensure the Child's right to a safe, healthy, clean, and sustainable environment.

E.     Develop programs and policies to raise awareness and provide guidance on health aspects related to the child and the surrounding environment.

F.      Develop special programs to train Child Health workers.

G.    Prevent practices that may be harmful to the health of children.

H.    Identify specialized centers that provide services for the treatment and rehabilitation of children with addiction to drugs, psychotropic substances, or volatile substances, as much as possible.

Article 12:

A.     Every child is entitled to an adequate standard of living and protection against poverty. In coordination with the competent authorities, the Ministry of Social Development shall develop the necessary policies and programs to secure all children's right to basic social care, and create conditions where children are guaranteed education, health, and care by their parents who are obliged to perform their primary role as stated above to ensure the full development of the child.

B.     The child is entitled to receive their own share of any pensions or financial benefits in accordance with the legislation in force.

Article 13:  

A.    Pursuant to the competent judicial authority's decision, any child, who is temporarily or permanently deprived of a normal family environment, shall be entitled to special care. In coordination with the competent authorities, the Ministry of Social Development shall take all the necessary measures to ensure children's right to the above-mentioned, according to the relevant legislation, provided that the best interest of the child is taken into account.

Article 14:

The child is entitled to day-care services in accordance with the legislation in force.

Article 15:

A.     The child is entitled to receive education, which shall be compulsory and free according to the provisions of the Constitution.

B.     The parents or the caregiver shall ensure the child's enrollment in the basic education according to the relevant legislation.

C.     In coordination with the competent authorities, the Ministry of Education shall provide appropriate facilities for children across educational institutions, including the usage of electronic means.

Article 16:

In coordination with the competent authorities, the Ministry of Education shall take the necessary measures to ensure the following:

A.    Prevent children from dropping out of school.

B.     Provide a high-quality system of education and allocate a sufficient number of teachers and counselors across educational institutions, and ensure that their performance, efficiency, and capabilities are improved and enhanced.

C.     Provide awareness-raising programs on the child’s growth, health, physical and psychological developments and ensure that children receive the right health education at all educational levels according to the age and maturity of the child and in a manner consistent with religious and social values.

D.    Protect the child from the use of narcotics, psychotropic substances, and stimulants, including tobacco and alcohol, and raise awareness of the effects that may result from the addiction of the child or those around them to such substances.

Article 17:

A.     Educational institutions shall abide by the following:

1.      Allow the child, parents, or the caregiver to participate in making decisions related to the education system and the child's academic status.

2.      Maintain the dignity of the child and prohibit all forms of violence at school, including physical or disrespectful punishment and all forms of bullying.

b.      The Ministry of Education shall identify the reporting mechanisms for cases of physical or humiliating punishments and any cases of bullying that may take place within the educational institutions and shall ensure that such is provided to all children, their parents, or caregivers. It shall also take the appropriate disciplinary and legal actions in this respect.

Article 18:

A.    Subject to the guardians' or caregivers' rights, all children are entitled to form associations and clubs through which they can pursue their social and cultural activities, and play games and sports as befits their age and maturity, in accordance with the laws in force.

B.     For the purposes of Paragraph (A) of this Article, the competent authorities shall ensure the following:-

1.      Provide public and safe gardens and places to children within the possible resources.

2.      Allow children to participate in determining and implementing recreational, cultural, artistic, and scientific programs.

3.      Lay sound foundations for selecting and training workers who will carry out the recreational, cultural, artistic, and scientific activities involving children.

Article 19:

The competent authorities shall create a safe traffic environment to ensure the safety of children on roads and in vehicles.

Article 20:

Subject to the parents' or trustees' rights and in accordance with the legislation in force, every child is entitled to be protected from all forms of violence, abuse, neglect, exploitation, physical, psychological or sexual abuse, or detention. In this regard, the competent authorities shall take all the necessary preventive measures to address such cases.

Article 21:

A.    It is prohibited to:

1.      Expose the child to any forms of violence, abuse and exploitation.

2.      Expose the child to any forms of human trafficking, prostitution, exploitation, pornography, or any other forms of sexual abuse.

3.      Expose the child to forms of economic exploitation, including forced Labour or begging.

4.      Neglect the child, whether by their parents or the caregivers without any justified reason, while leaving them unaccompanied, or their refusal to take them in when a custody decision is issued or refraining from providing them with necessary medications, or cutting food.

B.     In event of occurrence of any of the cases referred to in Paragraph (A), providers of educational, health, and social services, labor inspectors, and anyone who is aware of such cases shall notify the competent authorities.

C.     In accordance with the relevant legislation, the Ministry of Social Development and the competent authorities shall regularly follow up on any of the cases referred to in Paragraph (A) thereof to ensure that all children are safe within their families as much as possible.

Article 22:

A.    Each and every person shall undertake to help any child who seeks them with the intention of reporting any of the cases referred to in Paragraph (A) of Article (21) thereof.

B.     Any person who has reported on such cases in accordance with the provisions of Paragraph (A) thereof shall be questioned in good faith.

C.     It is prohibited to disclose the identity of the reporter unless the judicial procedures require otherwise.

Article 23:

Subject to the provisions of the legislation in force:

A.    The competent authorities shall take all the preventive and educational measures that prevent children from committing serious crimes and protect them from the risks of electronic crimes.

B.     Any child, who has been charged with a crime, is entitled to be informed of his or her rights in a language they understand according to their age and to be respected.

Article 24:

A.    Every child is entitled to seek legal assistance according to the provisions of the legislation in force.

B.     Legal assistance shall cover legal advice and legal representation before any security centers, public prosecution departments, and courts, including the enforcement judge.

Article 25:

 Subject to the Law on the Rights of Persons with Disabilities:

A.    Any child with disabilities is entitled to receive public education and be enrolled in educational institutions. The Ministry of Education and the competent authorities shall provide reasonable accommodations and ensure the accessibility of children to such.

B.     If it is not possible to enroll a child with disabilities in public institutions, the Ministry of Education and the competent authorities shall ensure that the education is provided in schools where the academic curricula are related to the general education system and are tailored to the needs of the children with disabilities as well as ensure that schools are within easy reach.

Article 26:

A.    When reaching the working age, any child with disabilities is entitled to vocational training at the same training institutions and centers that are open for other children.

B.     In exceptional cases and given the nature of certain disabilities, the competent authorities shall provide special vocational training programs in institutions or training centers that are tailored to the needs of children with disabilities and are within easy reach.

Article 27:

A.    Any child with disabilities is entitled to participate in public, social, educational, and cultural life and all other fields.

B.     The competent authorities shall take the necessary measures and procedures to ensure that children with disabilities are fully integrated into society.

Article 28:

A.     In cooperation with the media, the competent authorities shall take all the necessary measures to raise awareness of the rights of children with disabilities, including integration programs that are designed for such purposes.

B.     The competent authorities shall develop special programs to train workers dealing with children with disabilities.

C.      Child-oriented materials and programs should be provided in accessible formats, so children with disabilities can read and benefit from such.

Article 29:

The Ministry of Social Development shall be responsible for providing children placed in juvenile homes with well-balanced meals, appropriate preventive and curative care, basic education, psychosocial and social support as well as developing reintegration programs, and allocating the necessary facilities, including the provision of reasonable accommodations for children with disabilities, and ensuring that an adequate level of health and hygiene is maintained in these accommodations.

Article 30:

Subject to the legislation in force, and in cooperation and coordination with the relevant authorities, the National Council for Family Affairs (NCFA) shall prepare periodic reports and technical studies on the status of children’s rights in Jordan and it may form any specialized committees and national teams for such purpose.

Article 31:

Subject to any severe penalties stipulated in any other legislation:

A.    Anyone who violates the provisions of paragraph (B) of Article (15) and paragraph (B) of Article (21) thereof shall be punished by a fine not less than (100) dinars and not exceeding (300) dinars.

B.      Anyone who violates the provisions of Paragraph (C) of Article (22) of thereof shall be punished by a fine of (50) dinars.

Article 32:

The Council of Ministers shall issue the necessary bylaws to implement the provisions of this act.

Article 33:

The Prime Minister and the ministers shall be responsible for the implementation of the provisions of this act.