Juvenile Justice in Yemen

Mwatana for Human Rights stated in a press release marking the launch of its research paper, “Juvenile Justice in Yemen: The Reality of Criminal Justice and Institutional Reform Requirements (2014–2026),” that years of protracted conflict in Yemen have deepened the shortcomings affecting the country’s juvenile justice system, amid weak institutional structures, deficiencies in the legislative framework, and the declining capacity of specialized institutions to safeguard the rights of children in contact with the law.

Mwatana added that the shortcomings affecting the juvenile justice system have extended across all stages of criminal proceedings, including arrest and apprehension, investigation, trial, detention, and post-judicial measures. This makes reform of the juvenile justice system essential to building a specialized justice system that balances the protection of society with the safeguarding of children's rights, is grounded in the principles of protection, rehabilitation, and reintegration, and upholds the best interests of the child.

The paper launched by Mwatana today is based on individual interviews with children accused or convicted of criminal offenses, as well as their families and lawyers, in addition to judges and juvenile prosecutors, social workers, officials of juvenile care institutions, government authorities, and civil society organizations working on children's issues in a number of governorates under the control of different parties to the conflict. The study also draws on an analysis of national legislation, international standards, and relevant literature. It highlights the practices to which children are subjected throughout the various stages of criminal proceedings, including procedural violations and infringements of their legal rights and safeguards, while analyzing the institutional and administrative factors that impede the effective implementation of national legislation and international standards.

The paper concludes that the challenges facing the juvenile justice system are attributable to several factors, foremost among them weak institutional infrastructure, deficiencies in legislation, and the direct consequences of the ongoing conflict. The conflict, fragmentation of authority, and deterioration of economic and administrative conditions have weakened specialized institutions, resulted in inadequate infrastructure, shortages of specialized personnel, and weak training, oversight, accountability, and coordination. These factors have adversely affected the system’s ability to safeguard and protect children's rights.

Radhya Al-Mutawakel, Chairperson of Mwatana for Human Rights, said: “Ensuring specialized justice for children is not merely a legal obligation; it is an investment in the future of society as a whole. This paper demonstrates that years of conflict have weakened the juvenile justice system and undermined its ability to protect children who are accused or convicted of criminal offenses. This makes comprehensive institutional reform an urgent necessity to ensure respect for children's rights and to firmly establish the principle of the best interests of the child throughout all stages of judicial proceedings.”

Al-Mutawakel added: “This paper reveals that children have been, and remain, among those most severely affected by the deterioration of justice institutions during the years of conflict. It is impossible to speak of a justice system that respects the rule of law without a specialized system that ensures children are treated in accordance with their needs, rights, and particular circumstances, and that provides protection and rehabilitation rather than punishment and exclusion.”

The paper presents a set of findings identifying the legislative, procedural, and institutional challenges facing Yemen’s juvenile justice system and their impact on safeguarding the rights of children accused or convicted of criminal offenses throughout the various stages of criminal proceedings. These findings are based on interviews conducted with diverse groups across the governorates covered by the study. The paper also sets out a series of recommendations necessary to reform the system, including urgent reform measures required under the current circumstances, as well as proposals that could contribute to the institutional reform of Yemen’s juvenile justice system in accordance with international standards and support the advancement of transitional justice in the post-conflict period.

Mwatana for Human Rights called on authorities and relevant institutions affiliated with the various parties to the conflict to take serious steps to reform the juvenile justice system by aligning national legislation with international standards; completing the establishment of specialized institutions and strengthening their independence and effectiveness; ensuring the effective implementation of legal and procedural safeguards for children; activating alternatives to detention; strengthening oversight of detention facilities and juvenile care institutions; developing juvenile care and rehabilitation institutions; and providing specialized personnel. These measures are essential to safeguarding children's rights and strengthening their rehabilitation and reintegration into society.

Mwatana also called on the United Nations, donors, and international organizations to support reform of the juvenile justice sector and strengthen the capacities of its institutions. It urged civil society organizations to expand legal aid services for children, document violations against them, and promote awareness of the rights of children in contact with the law, thereby contributing to the development of a more effective and equitable juvenile justice system.

The paper, “Juvenile Justice in Yemen: The Reality of Criminal Justice and Institutional Reform Requirements,” forms part of a series of studies, research papers, and reports published by Mwatana for Human Rights. The series aims to contribute to a better understanding of the state of the justice system in Yemen, including juvenile justice, examine the challenges it faces, and identify the requirements for its reform in ways that strengthen the rule of law, protect individuals across all groups, and contribute to building a more effective and equitable justice system.

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The complete research paper is available at the following link:

https://www.mwatana.org/reports-en/juvenile-justice-in-yemen

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