Official Gazette - Issue No. 13 Supplement - March 28, 1996
Law No. 12 of 1996
By issuing the Child Law
(As last extended on April 3, 2025)
In the name of the people
president
The People's Assembly has decided on the following law, and we have issued it;
(Article One)
It shall operate in accordance with the provisions of the accompanying Child Law, and any provision that conflicts with its provisions shall be repealed.
(Article Two)
The Prime Minister shall issue the executive regulations necessary to implement the provisions of this law.
(Article Three)
This law shall be published in the Official Gazette and shall come into force on the day following the date of its publication.
This law is stamped with the seal of the state and is implemented as one of its laws.
Issued by the Presidency of the Republic on 6 Dhu al-Qi'dah 1416 AH
(Dated March 25, 1996 AD).
Child Law
Chapter One
General Provisions
Article (1):
The State guarantees the protection of childhood and motherhood, cares for children, and works to create the appropriate conditions for their proper upbringing in all aspects within a framework of freedom and human dignity.
The State also guarantees, at a minimum, the rights of the child contained in the Convention on the Rights of the Child and other relevant international conventions in force in Egypt. (2)
Article (2):
For the purposes of care stipulated in this law, a child is defined as anyone who has not yet reached the age of eighteen full calendar years.
Age is proven by birth certificate, national identity card or any other official document.
If no official document exists, the age is estimated by one of the bodies designated by a decision of the Minister of Justice in agreement with the Minister of Health. (1)
Article (3):
This law, in particular, guarantees the following principles and rights:
(a) The child’s right to life, survival and development within a cohesive and supportive family and to enjoy various protective measures, and to be protected from all forms of violence, harm or physical, moral or sexual abuse, neglect, failure or other forms of ill-treatment and exploitation.
(b) Protection from any kind of discrimination between children, on account of place of birth or parents, sex, religion, race, disability, or any other status, and ensuring effective equality between them in the enjoyment of all rights.
(c) The right of the child capable of forming his or her own views to obtain information that enables him or her to form and express such views, and to be heard in all matters concerning him or her, including judicial and administrative proceedings, in accordance with the procedures established by law.
The protection of the child and their best interests shall take priority in all decisions and actions relating to childhood, regardless of the issuing or implementing body. (1)
Article (4):
The child has the right to be attributed to his legal parents and to enjoy their care.
He has the right to prove his legitimate lineage to them by all means of proof, including legitimate scientific means.
Parents must provide the necessary care and protection for the child, and the state must provide alternative care for every child deprived of family care. Adoption is prohibited. (1)
Article (5):
Every child has the right to have a name that distinguishes him, and this name shall be recorded at birth in the birth records in accordance with the provisions of this law.
The name must not contain anything that is demeaning or insulting to the child’s dignity or contrary to religious beliefs.
Article (6):
Every child has the right to have a nationality in accordance with the provisions of the Egyptian Nationality Law.
Article (7):
Every child enjoys all legal rights, especially the right to breastfeeding, custody, food, clothing, housing, seeing his parents, and the care of his money, in accordance with the laws pertaining to personal status.
Article (7 bis):
Every child has the right to health and social care services and treatment for illnesses, and the State shall take all measures to ensure that all children enjoy the highest possible standard of health.
The State shall ensure that parents, children, and all sectors of society are provided with basic information relating to child health and nutrition, the benefits of breastfeeding, principles of health and environmental safety, accident prevention, and assistance in making use of this information.
The State also guarantees the child, in all areas, his right to a safe, healthy and clean environment, and takes all effective measures to eliminate practices harmful to his health. (2)
Article (7 bis/a):
Subject to the duties and rights of the child’s guardian, and his right to discipline in a manner permitted by Islamic law, it is prohibited to deliberately subject the child to any harmful physical abuse or harmful or unlawful practice.
The competent Sub-Committee for Child Protection shall take legal action in the event of a violation of the preceding paragraph. (2)
Article (7 bis/b):
The State guarantees the priority of preserving the life of the child and raising him in a safe and secure environment, away from armed conflicts, and ensures that he is not involved in hostilities. It guarantees respect for his rights in cases of emergencies, disasters, wars and armed conflicts, and takes all measures to prosecute and punish anyone who commits a war crime, genocide or crimes against humanity against the child. (2)
Chapter Two
Child healthcare
(Chapter One)
In the practice of midwifery
Article (8):
Only human doctors may practice the profession of midwifery in any capacity, whether public or private, except for those whose names are registered in the records of midwives, midwifery assistants, or midwives at the Ministry of Health.
Article (9):
Anyone who is licensed to practice midwifery must notify the Ministry of Health by registered letter of any permanent change in her place of residence within thirty days of the date of this change, otherwise the Ministry of Health may remove her name from the register prepared for this purpose fifteen days after the date of notifying her by registered letter at her last known address.
Anyone whose name was removed in the aforementioned manner has the right to have their name reinstated if they notify the Ministry of Health of their address, in exchange for a reinstatement fee determined by the executive regulations, not exceeding ten pounds.
Article (10):
Those who are licensed to practice midwifery must adhere to the duties stipulated in a decision issued by the Minister of Health in the performance of their duties, otherwise they will be subject to disciplinary action.
In each governorate, a council is formed by decision of the governor to discipline those licensed to practice midwifery who are not employed in the state administrative apparatus, headed by the competent director of health affairs and with the membership of a doctor from the maternal and child health care department and one of the members of the legal affairs department of the directorate.
The disciplinary board may decide to remove the licensee’s name from the register, or to deprive her of practicing the profession for a period not exceeding one year, for matters affecting integrity, honor, or competence in her profession, or any other violation related to practicing the profession.
Article (11):
Anyone who has been licensed to practice midwifery may appeal the decision issued by the Disciplinary Board referred to in the previous article to penalize her by striking her name off the register or depriving her of practicing the profession, within fifteen days from the date of notifying her by registered letter.
The grievance is decided by a council whose formation is determined by a decision from the Minister of Health, headed by one of the heads of the central departments in the Ministry of Health or his deputy, and two of the directors-general in the ministry, one of whom is the director-general of legal affairs.
Article (12):
The governor, based on a report from the competent health department, may remove the name of the licensed professional from the register if it is proven that she has become in a health condition that does not allow her to continue practicing her profession.
Article (13):
Without prejudice to any more severe penalty provided for by law, anyone who practices the profession of midwifery in a manner that violates the provisions of this law shall be punished by imprisonment for a period not exceeding six months and by a fine of not less than two hundred pounds and not more than five hundred pounds, or by one of these two penalties. In the case of recidivism, both penalties shall be imposed.
(Chapter Two)
In the birth register
Article (14):
Births must be reported within fifteen days of the date of birth. The report must be made on the form prepared for this purpose to the health office in the area where the birth occurred, if there is an office there, or to the health authority in areas where there are no health offices, or to the mayor in other areas, as specified in the executive regulations.
The mayor must send the notifications to the health office, or to the health authority, within seven days of the date of notification of the birth.
The health office or health authority must send the notifications to the competent civil registry office within three days of the date of notification in order to register them in the birth register.
Article (15):
The persons responsible for reporting a birth are:
1 - The child's father, if present.
2 - The child’s mother, provided that the marital relationship is proven as specified in the executive regulations.
3 - Directors of hospitals, penal institutions, quarantine facilities and other places where births take place.
4 - The mayor or sheikh.
It is also permissible to accept notification from those who were present at the birth from among adult relatives and in-laws up to the second degree, as specified in the executive regulations.
He is asked about the failure to notify those assigned to do so in the previous order, and notification may not be accepted from persons other than those previously mentioned.
Doctors and licensed midwives must provide a certificate of the births they perform, confirming the validity of the event, its date, the name of the mother of the newborn, and its gender. Doctors of health units and health inspectors must also issue certificates with the same content after conducting the medical examination if they are asked to do so in other birth cases.
Without prejudice to the provisions of Articles (4, 21, 22) of this Law, the mother has the right to report her newborn and register him in the birth records, and to obtain a birth certificate for him bearing her name. This certificate shall not be considered valid for anything other than proving the fact of birth. (2)
Article (16):
The report must include the following information:
- Day of birth and its date.
- The child's gender (male or female), name, and surname.
- The parents' name, title, nationality, religion, place of residence, and occupation.
- Their place of registration, if it is known to the informant.
- Any other data added by the Minister of Interior by a decision of his in agreement with the Minister of Health.
Article (17):
The civil registrar shall issue a birth certificate on the prescribed form after the registration of the birth. The certificate shall include the information stipulated in Article 16 of this Law. The first birth certificate of the child shall be delivered, free of charge and without insurance premium, to the head of the newborn's household after verification of their identity. The executive regulations of this Law shall specify other persons to whom a birth certificate may be issued. A single copy of the certificate shall be treated in accordance with Article 2 of the Family Insurance Fund Law issued by Law No. 11 of 2004. (1)
Article (18):
If the newborn dies before his birth is reported, then his birth and then his death must be reported. However, if he is stillborn after the sixth month of pregnancy, then the report is limited to his death.
Article (19):
If a birth occurs while traveling abroad, it must be reported to the nearest Egyptian consulate in the destination country or to the relevant civil registry office within thirty days of the date of arrival.
If the birth occurs during the return, the notification must be made within the aforementioned period to the health office or health authority located in the place of residence.
Article (20):
Anyone who finds a newborn baby in the cities must immediately hand him over, in the condition in which he was found, to one of the institutions prepared to receive newborn babies or to the nearest police station, which must send him to one of the institutions. In the first case, the institution must notify the competent police station.
In the villages, handing the child over to the mayor or sheikh is equivalent to handing him over to the police. In this case, the mayor or sheikh immediately hands the child over to the institution or the police, whichever is closer.
In all cases, the police must prepare a report containing all the data related to the child and the person who found him, unless the latter refuses to do so. Then, the police notify the doctor of the competent health authority to estimate his age and give him a three-part name, and to record his data in the birth register. The health authority sends a copy of the report and other papers to the competent civil registry office within seven days from the date of registration in the health birth register.
The civil registrar shall register the child in the birth register. If either parent submits a declaration of parenthood to the police, a report shall be drawn up stating the data stipulated in Article (16) of this law, and a copy of the report shall be sent to the competent civil registry within seven days from the date of drawing up the report.
Article (21):
The registration of the child referred to in the previous article shall be in accordance with the data provided by the informant and under his responsibility, except for proving the name of the parents or one of them, which shall be based on an explicit written request from the one who wishes to do so.
This restriction shall not have any legal force that conflicts with the established rules regarding personal status.
Article (22):
Notwithstanding the provisions of the preceding article, the registrar may not mention the name of the father or mother, or both together, even if requested to do so, in the following cases:
1 - If the parents are close relatives, their names should not be mentioned.
2 - If the mother is married and the child is not from her husband, her name is not mentioned.
3 - For non-Muslims, if the father is married and the child is born to someone other than his legal wife, his name is not mentioned unless the birth occurred before the marriage or after its dissolution, except for those who adhere to a religion that permits polygamy.
The executive regulations specify the data that must be included in the birth certificate in the aforementioned cases.
Article (23):
Violation of the provisions of Articles (14, 15, 18, 19, 20) of this Law shall be punishable by a fine of not less than five hundred pounds and not more than two thousand pounds. (15)
Article (24):
Without prejudice to any more severe penalty stipulated by another law, anyone who intentionally provides incorrect information regarding the data that the law requires to be mentioned when reporting a newborn shall be punished by imprisonment for a period of not less than six months and not more than one year, and by a fine of not less than two thousand pounds and not more than five thousand pounds, or by one of these two penalties.
The same penalty shall be imposed on anyone who reports a birth that has already been reported by someone responsible for reporting it, and which has been registered with his knowledge thereof. (15)
(Chapter Three)
Child vaccination and immunization
Article (25):
The child must be vaccinated and immunized with vaccines that protect against infectious diseases, free of charge, at health offices and health units, according to the regulations and dates specified in the executive regulations.
The duty to present the child for vaccination or immunization falls on the father or the person in whose custody the child is.
A child may be vaccinated or immunized with protective vaccines by a private doctor licensed to practice the profession, provided that the person responsible for presenting the child for vaccination or immunization submits a certificate proving this to the health office or health unit before the end of the specified period.
Article (26):
Without prejudice to the provisions of the Penal Code, violating the provisions of the preceding article shall be punishable by a fine of not less than twenty pounds and not more than two hundred pounds.
(Chapter Four)
Child health card
Article (27):
Each child shall have a health card, the details of which shall be recorded in a special register at the competent health office, and it shall be given to his father or guardian after its number has been proven on the birth certificate.
The executive regulations specify how this card should be organized and what data it should contain.
Article (28):
The health card is presented at every medical examination of the child at health units, maternal and child health centers, or other competent medical authorities.
The specialist doctor records the child’s health status, and also records the child’s vaccination or immunization and the date of the vaccination or immunization.
Article (29):
The health card must be submitted with the child's enrollment papers for the pre-university education stages. The card is kept in the child's school file, and the school doctor records the results of monitoring the child's health condition throughout the two stages of study.
The school must verify the existence of the health card for children who enrolled before the effective date of this law. If this card does not exist, the child’s parent or guardian must create a card in accordance with the provisions of Article (27) of this law.
The executive regulations specify how to organize the periodic health check-up of the child at school during the pre-university education stages, provided that this check-up is carried out at least once a year.
(Chapter Five)
baby food
Article (30):
No coloring agents, preservatives, or any food additives may be added to foods and preparations intended for feeding infants and children unless they comply with the terms and conditions specified in the executive regulations.
Children's food and containers must be free from substances harmful to health and from pathogenic germs as determined by the Minister of Health.
It is prohibited to trade or advertise these foods and preparations in any way, except after they have been registered and a license has been obtained for their trade and advertising from the Ministry of Health, in accordance with the conditions and procedures determined by a decision issued by the Minister of Health in agreement with the Minister of Supply.
Without prejudice to any more severe penalty provided for by another law, anyone who violates any of the provisions of this article shall be punished by imprisonment for a period of not less than six months and by a fine of not less than five hundred pounds and not more than two thousand pounds, or by one of these two penalties. In all cases, the foodstuffs, containers, and advertising tools that are the subject of the crime shall be confiscated.
Chapter Three
In social welfare
(Chapter One)
Nurseries
Article (31):
A nursery is defined as any suitable place designated for the care of children who have not reached the age of four. Nurseries are subject to the supervision and control of the Ministry of Social Affairs in accordance with the provisions of this law.
Each child referred to in the first paragraph has the right to enjoy nursery services, and the State shall take all necessary measures to guarantee this right. (2)
Article (31 bis):
Each women's reform and rehabilitation center shall have a nursery that meets the required standards for nurseries. Children of inmates may be placed in the nursery until the child reaches the age of four, provided that the mother remains with her child during the first year.
The Minister of the Interior shall issue a decision regulating how an inmate mother may contact and care for her child. A mother is not permitted to bring her child to her place of detention, nor may she be deprived of seeing or caring for her child as punishment for any infraction she commits. (2)
Article (32):
Nurseries aim to achieve the following objectives:
1- Providing social care for children and developing their talents and abilities.
2 - Preparing children physically, culturally, psychologically and morally in a sound manner in accordance with the goals of society and its religious values.
3 - Spreading awareness among children's families to raise them properly.
4 - Strengthening and developing social ties between the home and the children's families.
5- Meeting children's need for recreation and engaging in games, leisure activities, and artistic pursuits appropriate to their age. (2)
It must have the means and methods to ensure the achievement of the above objectives, in accordance with what is specified in the executive regulations in this regard.
Article (33):
A nursery may not be established, nor may its location or specifications be changed, before obtaining a license to do so from the competent authority.
In the event that the house is transferred to someone other than the licensee, the person to whom it is transferred must notify the competent Directorate of Social Affairs within ninety days by means of a registered letter with acknowledgment of receipt of this transfer and its reason, and he must attach to the notification what indicates the availability of the conditions stipulated in Article (34) of this law.
Article (34):
Natural or legal persons are licensed to establish nurseries in accordance with the provisions specified in the executive regulations. The following conditions must be met by any natural person seeking a license:
1 - An Egyptian national with full legal capacity.
2 - He has not been previously convicted of a felony or sentenced to a penalty restricting freedom for a misdemeanor involving moral turpitude or dishonesty, or for a crime stipulated in Articles 283, 284, 285, 286, 287, 292 and 293 of the Penal Code, unless his civil rights have been restored.
3 - Of good character and with a good social reputation.
4 - Not engaged in work or a profession that conflicts with social or educational work.
Article (35):
Anyone wishing to establish a nursery must submit an application to the relevant Directorate of Social Affairs using the form prepared for that purpose.
The Directorate of Social Affairs shall decide on the application in light of the needs of the entity, region, or neighborhood where the home is to be established, within thirty days from the date of its submission, and shall notify the applicant for the license of its decision by a letter accompanied by proof of receipt. If its decision is to reject, it must be justified.
Anyone whose application has been rejected may appeal to the committee referred to in Article (40) of this law.
Article (36):
If the student’s request is approved, he shall prepare all the requirements for operating the home and notify the Directorate of Social Affairs as soon as he has finished doing so by registered letter with return receipt requested. The Directorate shall, within fifteen days from the date of receiving the letter, verify that the home meets all the specifications, otherwise it shall ask him to complete the deficiency and then notify it. Within fifteen days from the date of receiving this notification, it shall re-inspect to verify that the required thing has been completed and issue the license when it is proven that it has.
Article (37):
A licensed nursery for a natural person has legal personality, and it also has this personality if the license is for a legal person, unless the license is granted to an association whose purposes include establishing a nursery. The nursery is legally represented by the licensee before the courts and in the face of third parties.
The person licensed to establish the nursery must appoint someone to manage it in accordance with the conditions specified by the executive regulations.
The licensee is obligated to develop internal regulations within thirty days from the date of issuance of the license for the home, which must be approved by the competent Directorate of Social Affairs. The executive regulations shall specify the rules and conditions that must be included in the model regulations for nurseries.
The records and books necessary to organize the work of the nursery in technical, financial and administrative aspects are kept according to the models set by the Ministry of Social Affairs and are kept at the headquarters of the nursery.
Article (38):
The nursery may accept grants, gifts, donations and bequests from Egyptian individuals or bodies, but those offered by foreign or international individuals or bodies may not be accepted except with the approval of the Ministry of Social Affairs.
A percentage of the portion of company profits allocated to central social services is designated for the support of nurseries, as determined by the executive regulations. This percentage is added to the resources of the governorates’ sub-funds to support their associations and institutions.
The executive regulations specify the method and conditions for distributing subsidies from the proceeds of this percentage in the governorates to the nurseries located therein.
Article (39):
The specialized technical departments of the Ministry of Social Affairs shall undertake the technical inspection and financial and administrative supervision of nurseries to verify the implementation of the provisions of this law and the decisions issued in implementation thereof.
The competent Social Affairs Directorate shall notify the home of any violations it finds, and warn it to correct them within a suitable period that it specifies. If it does not rectify them, it shall refer the matter to the Nursery Affairs Committee in the governorate to take whatever action it deems appropriate in this regard, in accordance with the provisions of Article (40) of this law.
Article (40):
A committee called the Nursery Affairs Committee shall be established in each governorate, chaired by the governor or his representative. The executive regulations shall specify how it is formed and its working system. This committee shall be responsible for deciding on the following:
1 - Grievances of stakeholders regarding the Directorate’s decisions to refuse a license to establish the house, complete the existing deficiencies in it, change its location, transfer its ownership, or close it.
2 - The temporary closure of the home or placing it under the direct management of the Directorate of Social Affairs if it is proven to the committee that the management of the home has deteriorated to the point that it is unable to perform its mission or fulfill its obligations properly, or that the home is being exploited for purposes other than those for which it was intended. Placing the home under the management of the Directorate entails removing the hand of the person in charge of managing it and taking over its management on his behalf until the reasons for the violation are removed or a final decision is made regarding the status of the home.
3 - The Directorate proposes to stop disbursing the allocated aid to the home in the event that it violates the provisions of the law or the decisions issued in implementation thereof, and to direct the amount of the suspended disbursement to rectify the violation.
4 - Granting the home an additional grace period until the reasons for the violation are removed. If it does not do so, the committee may place it under the direct management of the Directorate of Social Affairs in accordance with the provisions of clause (2).
The committee shall decide on what is presented to it within a maximum of thirty days, otherwise the expiry of this period without a decision shall be considered a rejection.
Article (41):
The nursery may not be closed after it has been licensed except by a reasoned decision issued by the Nursery Affairs Committee in the governorate.
However, in cases of extreme necessity, the Director of the Social Affairs Directorate in the governorate may temporarily close the home by a reasoned decision that shall be effective immediately upon its issuance, provided that it is presented to the Nursery Affairs Committee in the governorate within thirty days to take whatever action it deems appropriate in accordance with the provisions of the previous article.
Failure to observe the aforementioned deadline will result in the decision being considered as if it never existed.
Article (42):
The funds of nurseries are considered public funds, and their employees are considered public employees in the application of the provisions of Chapter Four of Book Two of the Penal Code. The records and books they keep are also considered official documents in the application of the provisions of forgery contained in the Penal Code.
Article (43):
A Higher Committee for Nurseries shall be established by a decision of the Minister of Social Affairs, chaired by him and composed of representatives from relevant ministries and those interested in childhood and motherhood affairs, appointed by a decision of the Minister after approval from their respective authorities. The aforementioned committee shall be responsible for formulating the general policy for nurseries and monitoring its implementation. (9)
Article (44):
Anyone who establishes or manages a nursery, or alters its location or specifications, before obtaining a license from the competent authority, shall be punished by imprisonment and a fine of not less than five hundred pounds and not more than five thousand pounds, or by either of these penalties. The penalty shall be imprisonment for a period of not less than one year if any of the conditions stipulated in clauses 1, 2, and 3 of Article (34) of this Law are not met.
The Public Prosecution may, at the request of the Directorate of Social Affairs, order the temporary closure of a home established without a license until the case is decided. The owner of the home may appeal this order to the competent summary judge within one week of being notified of it.
Article (45):
Anyone who violates the provisions of paragraph two of Article (33) and Article (37) of this law shall be punished by imprisonment for a period not exceeding one year and by a fine of not less than two hundred pounds and not exceeding two thousand pounds, or by one of these two penalties.
(Chapter Two)
In alternative care
Article (46):
The foster care system aims to provide social, psychological, health, and vocational care for children over three months old whose circumstances prevented them from growing up in their natural families, with the goal of raising them properly and compensating them for the affection and tenderness they have lost. (11)
The executive regulations define the rules and conditions governing the alternative families project and the categories of beneficiaries.
Article (47):
The Children's Club is a social and educational institution that ensures the provision of social care for children from the age of six to fourteen, by occupying their free time with sound educational means and methods - and the club aims to achieve the following purposes:
1- Providing social and educational care for children during their free time during holidays and before and after the start of the school day.
2 - To complete the mission of the family and school towards the child and to work to help the working mother of the child to protect children from physical and spiritual neglect and to protect them from exposure to delinquency.
3 - Creating an opportunity for the child to grow in an integrated manner in all physical, mental and emotional aspects, to acquire new experiences and skills and to reach the greatest possible level of development of his latent abilities.
4 - Helping children to improve their academic performance.
5 - Strengthening the ties between the club and the children's families.
6 - Preparing the child’s family and providing them with knowledge and spreading awareness about child rearing, the factors of his upbringing and his preparation according to the correct educational methods.
The executive regulations explain how to issue the model regulations for children's clubs.
Article (48):
The social welfare institution for children deprived of family care means any home for children aged between six and eighteen years who are deprived of family care due to orphanhood, family breakdown, or the family’s inability to provide proper family care for the child.
The child may remain in the institution if he is enrolled in higher education until he graduates, provided that the circumstances that led to his enrollment in the institution still exist and he has successfully completed the stages of education.
The executive regulations explain how to issue the model regulations for those institutions.
Article (49):
(Chapter Three)
Protection from traffic hazards
Article (50):
Except as otherwise provided in the Traffic Law, a child may not be granted a license to drive a motor vehicle. (13)
Without prejudice to the provisions of Article 101 of this Law, any child who drives a motor vehicle without a license shall be punished by imprisonment for a period not exceeding three months and by a fine of not less than fifty pounds and not more than one hundred pounds, or by one of these two penalties.
Without prejudice to the provisions of the Traffic Law, the same penalty shall be imposed on anyone who rents to a child or enables him in any way to drive a motor vehicle. The court may suspend the vehicle license for a period not exceeding three months, and suspend the license of the place designated for rental for the same period. In case of recidivism, the court must rule to cancel the license of the place or close it if it is not licensed. (2)
Article (51):
Riding bicycles on public roads is not permitted for anyone under eight years of age, and the child’s guardian shall be responsible for any resulting damages.
Article (52):
Bicycle rental companies and their employees are not allowed to rent them to anyone under the age of eight, otherwise they will be responsible for any resulting damages to others and to the child himself.
Chapter Four
Child education
(Chapter One)
Article (53):
The education of children at all stages of schooling aims to achieve the following goals:
1- Developing the child’s personality, talents, and mental and physical abilities to their fullest potential, while ensuring that educational programs are compatible with the child’s dignity, enhancing his sense of personal value, and preparing him to participate and bear responsibility.
2- Developing respect for human rights and public freedoms.
3- Developing the child’s respect for his parents, his cultural identity, his language, and religious and national values.
4- Raising the child to feel a sense of belonging and loyalty to his homeland, to be brotherly and tolerant among people, and to respect others.
5- Establishing the values of equality among individuals and non-discrimination based on religion, gender, race, ethnicity, social origin, disability or any other form of discrimination.
6- Developing respect for and preservation of the natural environment.
7- Preparing the child for a responsible life in a cohesive civil society based on the correlation between awareness of rights and commitment to duties. (1)
Article (54):
Education is a right for all children in state schools free of charge.
Educational guardianship of the child rests with the custodian. In case of disagreement regarding what is in the best interest of the child, any interested party may refer the matter to the head of the Family Court, in his capacity as judge of urgent matters, to issue a decision by way of an order upon petition, taking into account the financial means of the guardian, without prejudice to the custodian's right to educational guardianship. (1)
(Chapter Two)
kindergarten
Article (55):
Kindergarten is an educational system that achieves the comprehensive development of children before the primary education cycle and prepares them to enroll in it.
Article (56):
Without prejudice to the provisions relating to nurseries stipulated in Chapter Three, a kindergarten is considered to be any self-contained educational institution for children, any class or classes attached to a formal school, and any home that accepts children after the age of four, and is based on the objectives stipulated in the following article:
Article (57):
Kindergartens aim to help preschool children achieve comprehensive and integrated development for each child in the mental, physical, motor, emotional, social, moral and religious domains.
Article (58):
Kindergartens are subject to the plans and programs of the Ministry of Education and its administrative and technical supervision. The executive regulations specify their specifications, how they are established, how work is organized in them, the conditions of admission, and the fees for joining them.
(Chapter Three)
Stages of education
Article (59):
The two stages of pre-university education are as follows:
1 - The compulsory basic education stage, which consists of two cycles, the primary cycle and the preparatory cycle, and another cycle may be added, as specified by the executive regulations.
2 - Secondary education stage (general and technical).
Article (60):
Basic education aims to develop the abilities and readiness of pupils, satisfy their inclinations, and provide them with the necessary amount of values, behaviors, knowledge, and practical and professional skills that are compatible with the conditions of their different environments, so that those who complete the basic education stage can continue their education at a higher stage and face life after appropriate vocational training, in order to prepare the individual to be a productive citizen in his environment and society.
Article (61):
The general secondary education stage aims to prepare students for practical life, higher and university education, and participation in public life, while emphasizing the consolidation of religious, behavioral, and national values.
Article (62):
Technical secondary education primarily aims to prepare a class of technicians in the fields of industry, agriculture, administration and services, and to develop the technical skills of the students.
Article (63):
The provisions of the Education Law shall apply to matters not covered by this chapter.
Chapter Five
Childcare for working mothers
(Chapter One)
In the care of the working child
Article (64):
Without prejudice to the text of paragraph two of Article (18) of the Education Law issued by Law No. 139 of 1981, it is prohibited to employ children before they reach fifteen full calendar years, and it is also prohibited to train them before they reach thirteen calendar years.
The competent governor may, with the approval of the Minister of Education, authorize the employment of children aged thirteen to fifteen years in seasonal work that does not harm their health or development and does not interfere with their school attendance. (3)
Article (65):
The employment of a child in any type of work that, by its nature or the circumstances under which it is carried out, may endanger the child's health, safety, or morals is prohibited. In particular, the employment of any child in the worst forms of child labor as defined in Convention No. 182 of 1999 is prohibited. Subject to the provisions of paragraph 1, the executive regulations of this law shall specify the system for employing children, the circumstances under which employment is permitted, and the types of work, trades, and industries in which they may work according to their different age groups. (1)
Article (65 bis):
A medical examination is conducted before he is assigned to work to ensure his health fitness for the job he is assigned to, and the examination is repeated periodically at least once a year, as specified in the executive regulations.
In all cases, the work must not cause pain or physical or psychological harm to the child, or deprive him of the opportunity to attend school, have recreation, and develop his abilities and talents. The employer is obligated to insure him and protect him from occupational hazards during his employment.
The annual leave of a working child is seven days longer than that of an adult worker, and it may not be postponed or denied for any reason. (2)
Article (66):
The child must not work more than six hours a day, and the working hours must be interspersed with one or more periods for eating and rest totaling no less than one hour. These periods must be determined so that the child does not work more than four consecutive hours.
It is prohibited to employ children for overtime hours or to employ them on weekly rest days or public holidays.
In all cases, children may not be employed between 7:00 PM and 7:00 AM. (4)
Article (67):
Every employer who employs a child under the age of sixteen is obligated to provide him with a card proving that he works for him, on which the child’s picture is affixed, and which is approved by the Labor Office and stamped with its seal.
Article (68):
An employer who employs one or more children must take the following into consideration:
1 - A copy containing the provisions of this chapter must be posted in a visible place in the workplace.
2 - He must prepare, on a regular basis, a statement of the basic data relating to each child working for him, including his name, date of birth, nature of his activity, number of working hours, rest periods, and the content of the certificate proving his eligibility to work, and submit the statement to the specialists when requested.
3 - To inform the competent administrative authority of the names of the children being employed and the names of the persons responsible for monitoring their work.
4 - To provide separate accommodation for child workers from other adults, if work conditions require them to stay overnight.
5 - The employer must keep at the workplace the official documents that prove the age and health capacity of all the children working for him, and provide them upon request. The employer is responsible for verifying the age of the children working for him.
6 - To provide all occupational health and safety precautions at the workplace and to train working children on their use. (1)
Article (69):
The employer must deliver to the child himself or one of his parents his wages, bonuses, and anything else he is entitled to, and this delivery shall absolve him of his obligation.
(Chapter Two)
In the care of the working mother
Article (70):
Female employees in the state, the public sector, the public business sector, and the private sector, whether they work permanently or on a temporary contract basis, have the right to maternity leave of three months after childbirth with full pay. In all cases, the female employee is not entitled to this leave more than three times during her entire service period.
A pregnant woman's daily working hours are reduced by at least one hour starting from the sixth month of pregnancy, and she may not be required to work overtime throughout her pregnancy and until six months after delivery. (1)
Article (71):
A female worker who is breastfeeding her child during the two years following the date of delivery - in addition to the prescribed rest period - has the right to two other periods for this purpose, each of which shall not be less than half an hour. The worker has the right to combine these two periods, and these two periods shall be counted as working hours, and this shall not result in any reduction in wages.
Article (72):
Female employees in the state, public sector, and public business sector are entitled to unpaid leave for two years to care for their child, and are entitled to it three times throughout their service.
As an exception to the provisions of the Social Insurance Law, the employer to which the employee belongs shall bear the insurance contributions due from it and the employee in accordance with the provisions of this law, or grant the employee compensation for her wages equal to 25% of the salary she was entitled to on the date of commencement of the leave period, according to her choice.
In the private sector, a female employee in an establishment that employs fifty or more workers has the right to take unpaid leave for a period not exceeding two years, in order to care for her child. This leave is not entitled to more than three times during her entire service period.
Article (72 bis):
Female employees in the state, the public sector, the public business sector, and the private sector, as applicable, shall have the same rights stipulated in Articles (71 and 72) of this Law if they are sponsoring or caring for a child under six months of age. The executive regulations shall specify the rules governing this. (16)
Article (73):
An employer who employs one hundred or more female workers in one place must establish a nursery or entrust a nursery with the care of the workers’ children, in accordance with the conditions and procedures specified by the executive regulations.
Establishments located in the same area and each employing fewer than one hundred workers are obligated to participate in implementing the obligation stipulated in the previous paragraph, under the conditions and circumstances specified by the executive regulations.
Article (74):
Anyone who violates the provisions of Chapter Five of this law shall be punished with a fine of not less than one hundred pounds and not more than five hundred pounds.
The fine is multiplied according to the number of workers in respect of whom the violation occurred, and in the case of recidivism the penalty is increased by an amount equal to the number of workers, and its implementation may not be suspended.
Chapter Six
Caring for and rehabilitating disabled children
Article (75):
The State shall ensure the protection of the child from disability and from any act that may harm his health or his physical, mental, spiritual or social development, and shall take the necessary measures for the early detection of disability, and the rehabilitation and employment of disabled persons when they reach working age.
Appropriate measures shall be taken to enable the media to contribute to awareness and guidance programs in the field of disability prevention, to educate the public about the rights of children with disabilities, and to raise awareness among them and their caregivers in a way that facilitates their integration into society. (1)
Article (76):
A disabled child has the right to enjoy special social, health and psychological care that fosters his self-reliance and facilitates his integration and participation in society.
Article (76 bis):
A disabled child has the right to education, training, and vocational rehabilitation in the same schools, institutes, and training centers available to non-disabled children, except in exceptional cases resulting from the nature and degree of disability.
In these exceptional cases, the state is obligated to provide education and training in special classes, schools, institutions, or training centers, as the case may be, that meet the following conditions:
1- It must be linked to the formal education system and the vocational training and rehabilitation system for non-disabled people.
2- It should be suitable for the needs of the disabled child and close to his place of residence.
3- To provide full education or rehabilitation for all children with disabilities, regardless of their age or degree of disability. (2)
Article (77):
The disabled child has the right to rehabilitation. Rehabilitation means providing the social, psychological, medical, educational and vocational services that must be provided to the disabled child and his family to enable him to overcome the effects arising from his disability.
The State shall provide rehabilitation services and prosthetic devices free of charge, within the limits of the amounts allocated for this purpose in the State's general budget, taking into account the provisions of Article (85) of this Law.
Article (78):
The Ministry of Social Affairs establishes the necessary institutes and facilities to provide rehabilitation services for disabled children.
It may license the establishment of these institutes and facilities in accordance with the conditions and procedures specified by the executive regulations.
The Ministry of Education may establish schools or classes for the education of disabled children in accordance with their abilities and aptitudes. The executive regulations shall specify the conditions of admission, the curricula, and the examination systems therein.
Article (79):
The entities referred to in the first and second paragraphs of the previous article shall issue, without charge or fees, a certificate for each disabled child who has been rehabilitated. The certificate shall state the profession for which he has been rehabilitated, in addition to other data, as specified in the executive regulations.
Article (80):
The rehabilitation authorities notify the labor office in whose jurisdiction the disabled child resides of his or her rehabilitation, and the labor offices record the names of the children who have been rehabilitated in a special register, and hand over to the disabled child or his representative a certificate of registration without charge or fees.
The labor offices are obligated to assist the disabled persons registered with them in joining jobs that suit their age, abilities and places of residence, and they must notify the Directorate of Social Affairs located in their district with a monthly statement about the disabled children who have been employed.
Article (81):
The Minister of Manpower, in agreement with the Minister of Social Affairs, shall issue a decision specifying certain jobs within the state administrative apparatus, public bodies, public sector units, and the public business sector to be allocated to children with disabilities who have obtained a rehabilitation certificate, in accordance with the regulations governing this matter by law. (9)
Article (82):
An employer who employs fifty or more workers - whether they work in one place or in separate places in one city or village - must employ disabled children nominated by the labor offices, at a minimum of two percent of the five percent stipulated in Law No. (39) of 1975 regarding the rehabilitation of the disabled.
The employer may fill this percentage by using disabled children other than those nominated by the labor offices, who have previously been registered with these offices.
The employer shall notify the relevant labor office of those who have been employed by registered mail with return receipt requested within ten days from the date of their employment.
Article (83):
The employer - referred to in the previous article - shall keep a special register to record the names of disabled persons who have obtained qualification certificates and who have been employed by him, which includes the data contained in the qualification certificates. This register must be submitted to the inspectors of the Labor Office in whose jurisdiction his activity is located whenever they request it from him. This office must also be notified with a statement that includes the total number of employees and the number of jobs held by the disabled persons referred to and the wage that each of them receives, in the time and according to the form specified by the executive regulations.
Article (84):
Anyone who violates the provisions of the two preceding articles shall be punished with a fine of not less than one hundred pounds and not exceeding one thousand pounds.
The employer may be ordered to pay monthly to the qualified disabled person who refused to employ him an amount equal to the prescribed or estimated wage for the job for which he was nominated, starting from the date of proving the violation and for a period not exceeding one year. This obligation shall be removed if the latter takes up suitable work.
Article (85):
A fund shall be established for the care and rehabilitation of disabled children. It shall have legal personality, and its organization and the determination of its competencies shall be determined by a decision of the President of the Republic. The fines imposed for the crimes stipulated in this chapter shall be included in its resources.
Article (86):
Prosthetic and assistive devices and their spare parts, means and equipment for their production, and means of transport necessary for the use and rehabilitation of the disabled child are exempt from all types of taxes and fees.
The use of these devices and equipment by non-disabled persons is prohibited without justification, and violating this is punishable by imprisonment for a period of not less than one year, a fine of not less than two thousand pounds and not exceeding ten thousand pounds, and confiscation. (1)
Chapter Seven
Child culture
Article (87):
The state guarantees to satisfy the child’s cultural needs in all its fields, including literature, arts and knowledge, and to link them to the values of society within the framework of human heritage and modern scientific progress.
Article (88):
Children's libraries are established in every village, neighborhood, and public place. Children's cultural clubs are also established successively, each with its own library, cinema, and theater. The executive regulations specify how these libraries or clubs are established and how their work is organized.
Article (89):
It is prohibited to publish, display, or circulate any printed or visual or audio artistic works for children that appeal to their base instincts, glorify behaviors contrary to societal values, or encourage them to deviate.
Without prejudice to any more severe penalty provided for by another law, a violation of the provisions of the preceding paragraph shall be punishable by a fine of not less than one hundred pounds and not more than five hundred pounds, and the offending publications or artistic works shall be confiscated.
Article (90):
The prohibition of what is shown to children in cinemas and similar public places shall be in accordance with the conditions and procedures specified by the executive regulations. It is prohibited for the managers of cinemas and other similar public places, as determined by a decision of the Minister of Culture, and for their operators, supervisors of the holding of parties, and those responsible for admitting the public, to allow children to enter these places or watch what is shown in them if the show is prohibited to them according to what is decided by the competent authority. It is also prohibited to bring children when entering to watch these parties.
Article (91):
Managers of cinemas and other similar public places must announce at the venue and in all advertising means that children are prohibited from watching the show. This announcement must be clear and in Arabic.
Article (92):
Without prejudice to any more severe penalty provided for by another law, violating the provisions of Article (90) of this law shall be punishable by a fine of not less than fifty pounds and not more than one hundred pounds for each child.
Violating the provisions of Article (91) of this law is punishable by a fine of not less than fifty pounds and not more than five hundred pounds.
Article (93):
Employees designated by a decision of the Minister of Justice in agreement with the Minister of Culture shall have the authority of judicial officers to prove what occurs in violation of the provisions of this chapter and the decisions issued to implement it.
Chapter Eight
criminal treatment of children
Article (94):
Criminal responsibility is waived for a child who has not reached twelve full calendar years at the time of committing the crime.
However, if the child has passed the age of seven but has not passed the age of twelve full calendar years and he has committed an act that constitutes a felony or misdemeanor, the Child Court, and no other, shall have jurisdiction to consider his case, and it shall have the authority to rule on one of the measures stipulated in Clauses 1, 2, 7, 8 of Article (101) of this Law.
An appeal may be filed against a judgment ordering placement pursuant to paragraphs 7 and 8 before the appellate court competent to hear appeals in children's cases, in accordance with Article (132) of this Law. (1)
Article (95):
Subject to the provisions of Article (111) of this Law, the provisions of this chapter shall apply to anyone who has not reached the age of eighteen full calendar years at the time of committing the crime or when found in one of the situations of exposure to danger. (1)
Article (96):
A child is considered to be at risk if they are found in a situation that threatens the proper upbringing that should be provided to them, in any of the following circumstances:
1- If his safety, morals, health or life are endangered.
2- If the circumstances of his upbringing in the family, school, care institutions or others would expose him to danger or he would be exposed to neglect, abuse, violence, exploitation or homelessness.
3- If the child is deprived, without justification, of his right, even partially, to the custody or visitation of one of his parents or whoever has the right to do so.
4- If the person obligated to provide for him abandons him, or if he loses his parents or one of them, or if they or his guardian abandons the responsibility towards him.
5- If the child is deprived of basic education or his educational future is jeopardized.
6- If he is exposed within the family, school, care institutions or elsewhere to incitement to violence, immoral acts, pornography, commercial exploitation, harassment, sexual exploitation or the illegal use of alcohol or narcotic substances affecting the mental state.
7- If a beggar is found, and begging includes offering trivial goods or services, performing acrobatic games, and other things that are not a serious source of income.
8- If he engages in collecting cigarette butts or other waste and refuse.
9- If he does not have a stable place of residence or usually sleeps in the streets or in other places not prepared for residence or overnight stays.
10- If he associates with deviants, suspects, or those known for their bad reputation.
11- If he is of bad conduct and rebels against the authority of his father, guardian, trustee, or person in charge of his affairs, or against the authority of his mother in the event of the death, absence, or incapacity of his guardian.
In this case, no action may be taken against the child, even if it is an investigative procedure, except on the basis of a complaint from his father, guardian, custodian, mother, or person in charge of his affairs, as the case may be.
12- If the child has no legitimate means of subsistence and no trustworthy guardian.
13- If he is suffering from a physical, mental, psychological, or mental illness or impairment that affects his ability to perceive or choose, such that this illness or impairment is feared to endanger his safety or the safety of others.
14- If the child is under the age of seven and commits an act that constitutes a felony or misdemeanor.
Except in the cases stipulated in paragraphs (3) and (4), anyone who exposes a child to any of the dangers shall be punished by imprisonment for a period of not less than six months and a fine of not less than two thousand pounds and not exceeding five thousand pounds, or by one of these two penalties. (1)
Article (97):
A general committee for the protection of childhood shall be established in each governorate, headed by the governor and with the membership of the directors of the security directorates and those responsible for social affairs, education and health, a representative of civil society institutions concerned with childhood affairs and whomever the governor sees fit to seek help from, and the formation of the committee shall be decided by a decision from the governor.
This committee is responsible for formulating the general policy for child protection in the governorate and monitoring the implementation of this policy.
A sub-committee for the protection of childhood shall be formed in each police station or department, and its formation shall be decided by the general committee. The formation shall take into account that it shall include security, social, psychological, medical and educational elements, provided that the number of its members shall not be less than five and shall not exceed seven members, including the chairman. The committee may include among its members one or more representatives of civil society institutions concerned with childhood affairs.
The sub-committees for child protection are responsible for monitoring all cases of exposure to danger, providing the necessary preventive and therapeutic intervention for all such cases, and following up on the measures taken.
Article (98):
If a child is found to be in one of the situations of exposure to danger stipulated in clauses (1) and (2) and clauses (5) to (14) of Article (96) of this Law, his case shall be referred to the Sub-Committee for Child Protection to carry out its affairs stipulated in Article (99 bis) of this Law. The Committee, if it deems it necessary, may request the Public Prosecution for the Child to issue a written warning to the guardian of the child to avoid the causes of his exposure to danger. This warning may be objected to before the Juvenile Court within ten days from the date of its receipt. The procedures established for objecting to criminal orders shall be followed in considering and deciding on this objection, and the ruling on it shall be final.
If a child is found to be in one of the situations of risk mentioned in the preceding paragraph, after the warning has become final, his case shall be referred to the Sub-Committee for Child Protection. The Committee, in addition to the powers granted to it in the preceding paragraph, may refer the child's case to the Public Prosecutor for Child Affairs so that one of the measures stipulated in Article (101) of this Law may be taken. If the child is under seven years of age, only the measures of surrender or placement in a specialized hospital shall be taken. (1)
Article (98 bis):
Anyone who becomes aware that a child is in danger must provide him with all possible immediate assistance to prevent or eliminate the danger. (2)
Article (99):
The sub-committees for child protection shall receive complaints about cases of children being at risk, and in this case - after verifying the seriousness of the complaint - they shall summon the child, his parents, his guardian or the person responsible for him and listen to their statements about the facts that are the subject of the complaint.
The committee must examine the complaint and work to eliminate its causes. If it is unable to do so, it must submit a report on the incident and the actions taken to the General Committee for Child Protection, so that it may take the necessary legal measures. (1)
Article (99 bis):
The subcommittees for child protection shall take whatever measures and actions they deem appropriate:
1- Keeping the child in his family with the parents’ commitment to take the necessary measures to remove the imminent danger to him within specific timeframes and subject to periodic monitoring by the Child Protection Committee.
2- Keeping the child in his family while organizing methods of social intervention by the concerned party to provide the necessary social, educational and health services to the child and his family and to help them.
3- Keeping the child in his family while taking the necessary precautions to prevent any contact between him and people who might cause him harm to his health or physical or moral safety.
4- Recommending to the competent court the temporary placement of the child until the danger to him is removed with another family, body, social or educational institution, and, if necessary, with a health or treatment institution, in accordance with the procedures prescribed by law.
5- Recommending to the competent court the necessary urgent measures to place the child in one of the reception, rehabilitation or treatment institutions, or with a trusted family, or a suitable social or educational body or institution for the period necessary to remove the danger from him, in cases where the child is exposed to danger or neglected by the parents or his guardian.
6- The committee may, when necessary, refer the matter to the Family Court to consider obligating the person responsible for the child to pay temporary maintenance. The court’s decision in this regard shall be enforceable and not suspended by an appeal against it.
In cases of imminent danger, the General Administration for Child Rescue at the National Council for Childhood and Motherhood or the Protection Committee, whichever is closer, shall take the necessary urgent measures to remove the child from the place where he is exposed to danger and transfer him to a safe place, including seeking the help of the authorities when necessary.
Any positive or negative act that threatens a child's life or physical or psychological well-being in a way that cannot be remedied over time is considered an imminent danger. (2)
Article (99 bis/A):
Child protection committees periodically monitor the procedures and results of implementing measures taken concerning the child, and may recommend, when necessary, reviewing, changing, or suspending these measures in order to ensure, as far as possible, that the child remains in his family environment, and is not separated from it except as a last resort, and for the shortest possible period of time, and is returned to it as soon as possible. (2)
Article (100):
If the act constituting the crime was committed under the influence of a mental or psychological illness or mental weakness that deprived the child of the ability to perceive or choose, or if at the time of the crime he was suffering from a medical condition that severely weakened his perception or freedom of choice, he shall be ordered to be placed in one of the hospitals or specialized institutions.
This measure is taken in accordance with the provisions of the law for anyone who suffers one of these conditions during the investigation or after the verdict has been issued.
Article (101):
A child who has not yet reached the age of fifteen full calendar years, if he commits a crime, shall be sentenced to one of the following measures:
1- Reproach.
2- Delivery.
3- Enrollment in training and qualification.
4- Obligation to perform certain duties.
5- Judicial testing.
6- Working for the public benefit in a manner that does not harm the child’s health or psyche. The executive regulations of this law shall specify the types of this work and its controls.
7- Admission to a specialized hospital.
8- Placement in a social welfare institution.
Apart from confiscation, closure of premises, and restitution, this child shall not be subject to any penalty or measure stipulated in any other law. (1)
Article (102):
Reprimand is when the court directs blame and admonishment to the child for what he did and warns him not to repeat such behavior again.
Article (103):
The child is handed over to one of his parents or to the person who has guardianship or custody over him. If none of them has the capacity to raise him, he is handed over to a trustworthy person who undertakes to raise him and ensure his good conduct, or to a reliable family whose head undertakes to do so.
If the child has money or has someone legally obligated to provide for him, and the person to whom he is ordered to be handed over requests a maintenance payment, the judge must specify in his ruling the amount to be taken from the child’s money or what the person responsible for maintenance is obligated to pay, after he has been notified of the scheduled session and the dates for paying maintenance. It shall be collected by way of administrative seizure, and the ruling to hand the child over to the person not obligated to provide maintenance shall be for a period not exceeding three years.
Article (104):
The child's training and rehabilitation shall be entrusted by the court to one of the centers designated for this purpose, or to one of the factories, shops, or farms that accept to train him in a manner appropriate to the child's circumstances, for a period specified by the court in its ruling, provided that the child's stay in the aforementioned places does not exceed three years, and in a manner that does not impede the child's enrollment in basic education. (1)
Article (105):
The obligation to perform certain duties may be by prohibiting the frequenting of certain types of establishments, or by imposing attendance at specific times before certain persons or bodies, or by attending certain guidance meetings, or other restrictions that are determined by a decision of the Minister of Social Affairs. The ruling on this measure shall be for a period of not less than six months and not more than three years.
Article (106):
The judicial test shall be by placing the child in his natural environment under guidance and supervision and taking into account the duties determined by the court. The period of the judicial test shall not exceed three years. If the child fails the test, the matter shall be presented to the court to take whatever measures it deems appropriate from the other measures mentioned in Article (101) of this law.
Article (107):
The child shall be placed in one of the social welfare institutions for juveniles affiliated with or recognized by the Ministry of Social Affairs. If the child is disabled, the placement shall be in an institute suitable for his rehabilitation. The court shall not specify in its ruling a period for placement. The court must follow up on the juvenile’s case through a report submitted by the institution in which the child was placed every two months at most, so that the court may decide to terminate the measure immediately or replace it as required, taking into account that the placement shall be for the shortest possible period. In all cases, the court shall not order placement except as a last resort.
In all cases, the period of detention must not exceed ten years for felonies and five years for misdemeanors. (1)
Article (108):
The person sentenced to be placed in one of the specialized hospitals shall be attached to the facilities where he receives the care that his condition requires.
The court shall supervise his continued treatment at periodic intervals, none of which may exceed one year, during which the doctors’ reports shall be presented to it, and it shall decide to release him if it finds that his condition allows it. If the child reaches the age of twenty-one and his condition requires the continuation of his treatment, he shall be transferred to one of the hospitals designated for the treatment of adults.
Article (109):
If a child under the age of fifteen commits two or more offenses, a single appropriate measure must be imposed. This applies if, after the measure is imposed, it appears that the child committed another offense prior to or following that ruling. (5)
Article (110):
The measure necessarily ends when the convicted person reaches eighteen years of age. However, in felony cases, the court may, upon the request of the Public Prosecution and after consulting the social worker, order the convicted person to be placed under judicial probation for a period not exceeding two years. If the condition of the convicted person requires continued treatment in a specialized hospital, he shall be transferred to a hospital that is appropriate to his condition, in accordance with the provisions of Article (108) of this Law. (12)
Article (111):
The death penalty, life imprisonment, and aggravated imprisonment shall not be imposed on the accused who has not exceeded the age of eighteen full calendar years at the time of committing the crime.
Without prejudice to the provisions of Article (17) of the Penal Code, if a child who has exceeded the age of fifteen commits a crime punishable by death, life imprisonment, or aggravated imprisonment, he shall be sentenced to imprisonment. If the crime is punishable by imprisonment, he shall be sentenced to detention for a period of not less than three months.
The court may, instead of sentencing him to imprisonment, sentence him to the measure stipulated in Clause (8) of Article (101) of this Law.
However, if a child who has reached the age of fifteen commits a misdemeanor punishable by imprisonment, the court may, instead of imposing the prescribed penalty, order one of the measures stipulated in clauses (5), (6) and (8) of Article (101) of this Law. (1)
Article (112):
Children must not be detained, imprisoned, or incarcerated with other adults in the same place. When implementing detention, children must be classified according to age, gender, and type of crime.
Any public official or person entrusted with a public service who detains, imprisons, or confines a child with one or more adults in the same place shall be punished by imprisonment for a period of not less than three months and not more than two years, and by a fine of not less than one thousand pounds and not more than five thousand pounds, or by one of these two penalties. (1)
Article (113):
Anyone who, after being warned in accordance with the first paragraph of Article (98) of this Law, neglects to supervise a child, and this results in the child being exposed to danger in one of the cases referred to in the first paragraph of Article (98) of this Law, shall be punished by imprisonment for a period of not less than three months or by a fine of not less than one thousand pounds and not more than five thousand pounds.
The court may, instead of imposing one of the two penalties mentioned in the first paragraph of this article, order the offender to undergo rehabilitation and training programs determined by a decision of the Minister of Social Affairs in coordination with the National Council for Women and the National Council for Childhood and Motherhood for a period not exceeding six months. The court shall monitor the offender's case through a report submitted to it monthly by the entity responsible for implementing the rehabilitation and training programs, so that the court may decide to terminate the programs, replace them, or impose the penalty. (1) (15)
Article (114):
Anyone who is entrusted with a child and neglects to perform one of his duties shall be punished by imprisonment for a period of not less than three months and not exceeding six months, or by a fine of not less than one thousand pounds and not exceeding five thousand pounds, if this results in the child committing a crime or being exposed to danger in one of the cases specified in this law.
The penalty shall be imprisonment for a period of not less than six months and not exceeding one year, and a fine of not less than two thousand pounds and not exceeding five thousand pounds, or one of these two penalties, if that act resulted from a serious breach of his duties.
The provisions of paragraph two of Article (113) of this Law shall apply to anyone who violates the provisions of paragraphs one and two of this Article. (1) (15)
Article (115):
Apart from the parents, grandparents, husband, and wife, anyone who hides a child who has been ordered to be handed over to a person or entity in accordance with the provisions of this law, or who causes him to escape, or helps him to do so, shall be punished by imprisonment and a fine not exceeding one thousand pounds, or by one of these two penalties.
Article (116):
Without prejudice to the provisions of criminal participation, any adult who incites a child to commit a misdemeanor, or prepares him for it, or helps him to do it, or facilitates it for him in any way, and does not achieve his goal by doing so, shall be punished with a penalty not exceeding half of the maximum penalty prescribed for that crime.
The penalty shall be imprisonment for a period of not less than six months if the perpetrator uses means of coercion or threat with the child, or is one of his parents, or one of those responsible for his upbringing or supervision, or was entrusted to him by law, or was a servant of any of those mentioned above.
In all cases, if the crime is committed against more than one child, even at different times, the punishment shall be imprisonment for a period of not less than one year and not more than seven years.
Any adult who incites a child to commit a felony, prepares him for it, helps him to do it, or facilitates it for him in any way, but does not achieve his goal, shall be punished with the penalty prescribed for attempted incitement to commit a crime. (1)
Article (116 bis):
The minimum penalty prescribed for any crime shall be doubled if committed by an adult against a child, or if committed by one of his parents, or the person who has guardianship or custody over him, or the person responsible for his observation and upbringing, or the person who has authority over him, or if he is a servant of the aforementioned. (2)
Article (116 bis/A):
Anyone who imports, exports, produces, prepares to display, prints, promotes, possesses, or broadcasts any pornographic material involving children or related to the sexual exploitation of children shall be punished by imprisonment for a period of not less than two years and a fine of not less than ten thousand pounds and not exceeding fifty thousand pounds. The tools and equipment used in committing the crime and the money obtained from it shall be confiscated, and the places where it was committed shall be closed for a period of not less than six months, all without prejudice to the rights of third parties in good faith.
Without prejudice to any more severe penalty provided for in another law, the same penalty shall be imposed on anyone who:
(a) Using a computer, the Internet, information networks, or animation to prepare, store, process, display, print, publish, or promote pornographic activities or works related to the incitement of children, their exploitation in prostitution and pornography, their defamation, or their sale.
(b) Using computers, the internet, information networks, or animation to incite children to deviate from the right path or to exploit them in committing a crime or in carrying out illegal or immoral activities or acts, even if the crime does not actually occur. (2)
Article (116 bis/b):
Without prejudice to any more severe penalty stipulated in another law, a fine of not less than ten thousand pounds and not exceeding fifty thousand pounds shall be imposed on anyone who publishes or broadcasts, through any media outlet, any information, data, drawings, or images relating to the identity of a child whose case is being referred to the authorities concerned with children at risk or in violation of the law. (2)
Article (116 bis/C):
The provisions for the termination of criminal proceedings by settlement or reconciliation, stipulated in the Code of Criminal Procedure or any other law, apply to crimes committed by a child. (2)
Article (116 bis/d):
Child victims and child witnesses, at all stages of arrest, investigation, trial and execution, have the right to be heard and to be treated with dignity and compassion, with full respect for their physical, psychological and moral integrity, and the right to protection, health, social and legal assistance, rehabilitation and reintegration into society, in light of the United Nations Guidelines on Justice for Child Victims and Witnesses of Crime. (2)
Article (117):
Employees appointed by the Minister of Justice in agreement with the Minister of Social Affairs in their respective jurisdictions shall have judicial authority with respect to crimes committed by children, cases of endangerment of children, and all other crimes stipulated in this law. (1)
Article (118):
The selection of social workers and the determination of the required qualifications for them are made by a decision of the Minister of Social Affairs. (9)
Article (119):
A child who has not reached the age of fifteen shall not be detained pending trial. The Public Prosecution may place him in one of the observation homes for a period not exceeding one week and present him upon request if the circumstances of the case require his detention, provided that the period of detention does not exceed one week unless the court orders its extension in accordance with the rules of pretrial detention stipulated in the Code of Criminal Procedure.
Instead of the procedure stipulated in the preceding paragraph, the child may be ordered to be handed over to one of his parents or to the person who has guardianship over him for his protection and to be presented upon request. Failure to comply with this duty shall be punishable by a fine not exceeding one hundred pounds.
Article (120):
One or more courts for children shall be established in the headquarters of each governorate, and the Minister of Justice may, by decision, establish courts for children in other places, and their jurisdiction shall be determined in the decision establishing them.
The work of the Public Prosecution before those courts is handled by specialized juvenile prosecution offices established by a decision of the Minister of Justice. (10)
Article (121):
The juvenile court consists of three judges, and the court is assisted by two expert specialists, at least one of whom must be a woman. Their presence at the trial proceedings is mandatory, and the two experts must submit their report to the court after examining the child's circumstances from all aspects, before the court issues its ruling. (10)
The two experts referred to are appointed by a decision of the Minister of Justice in agreement with the Minister of Social Affairs, and the conditions that must be met by those appointed as experts are determined by a decision of the Minister of Social Affairs. (9)
Appeals against judgments issued by the juvenile court shall be heard by an appellate court, which shall be formed in each primary court and shall consist of three judges, at least two of whom shall be at the level of presiding judge. The provisions of the two preceding paragraphs shall be taken into account in the formation of this court. (10)
Article (122):
The juvenile court has exclusive jurisdiction to consider the case of a child accused of a crime or exposed to delinquency, and it also has jurisdiction to adjudicate the crimes stipulated in Articles 113 to 116 and Article 119 of this law. (10)
Notwithstanding the provisions of the preceding paragraph, jurisdiction shall be with the Criminal Court or the Supreme State Security Court, as the case may be, to consider felony cases in which a child who was over fifteen years of age at the time of committing the crime is accused, provided that a non-child contributed to the crime and it is necessary to file a criminal case against him along with the child. In this case, the court must, before issuing its ruling, examine the circumstances of the child from all aspects, and it may seek the assistance of any experts it deems appropriate.
Article (123):
The jurisdiction of the juvenile court is determined by the place where the crime occurred or where one of the conditions of exposure to delinquency was present, or by the place where the child was found or where he, his guardian, his custodian, or his mother, as the case may be, resides. (10)
The court may, when necessary, convene in one of the social welfare institutions for children in which the child is placed.
Article (124):
Before the juvenile court, the rules and procedures prescribed for misdemeanor cases shall be followed in all cases unless the law provides otherwise. (10)
Article (125):
The child has the right to legal assistance, and in felony cases and in misdemeanor cases punishable by imprisonment, he must have a lawyer to defend him during the investigation and trial stages. If he has not chosen a lawyer, the Public Prosecution or the court shall appoint one, in accordance with the rules stipulated in the Code of Criminal Procedure. (1)
Article (126):
Only relatives, witnesses, lawyers, social workers, and those authorized by the court with special permission may attend a child's trial before the juvenile court. (10)
The court may order the removal of the child from the session after questioning him, or the removal of one of those mentioned in the previous paragraph if it deems it necessary. However, in the event of removing the child, it is not permissible to order the removal of his lawyer or social worker. The court may not issue a conviction unless the child has been informed of the procedures that took place in his absence. The court may exempt the child from attending the trial himself if it deems it in his best interest to do so, and it is sufficient for his guardian or custodian to attend on his behalf. In this case, the judgment is considered to be in the presence of the child.
Article (127):
The observers referred to in Article (118) of this Law shall create, for each child accused of a felony or misdemeanor, and before taking action on the case, a file that includes a full examination of his educational, psychological, mental, physical and social condition, and the case shall be taken action in light of what is stated therein.
Before ruling on the case, the court must discuss the findings of the aforementioned examination reports with the authors and may order further examinations. (1)
Article (128):
If the court deems that the child’s physical, mental, or psychological condition necessitates an examination before deciding on the case, it shall decide to place him under observation in a suitable place for the period required for this, and the proceedings shall be suspended until this examination is completed.
Article (129):
Civil claims are not admissible before a juvenile court. (10)
Article (130):
The ruling issued against the child regarding the measures shall be enforceable even if it is subject to appeal.
Article (131):
Every procedure that the law requires to be communicated to the child, and every judgment issued concerning him, shall be communicated to one of his parents, or the person who has guardianship over him, or the person responsible for him, and each of these may, in the interest of the child, exercise the methods of appeal prescribed by law.
Article (132):
Judgments issued by the juvenile court may be appealed, except for judgments of reprimand or of returning the child to his parents or guardian, which may only be appealed on the grounds of an error in the application of the law or a defect in the judgment or in the procedures that affected it. (10)
The appeal is filed before a specialized circuit in the Court of First Instance.
Article (133):
If an accused person is sentenced on the grounds that he is over fifteen years old, and it is proven by official documents that he is not over fifteen, the Attorney General shall refer the matter to the court that issued the sentence for reconsideration in accordance with the law. If an accused person is sentenced on the grounds that he is over eighteen years old, and it is proven by official documents that he is not over eighteen, the Attorney General shall refer the matter to the court that issued the sentence for reconsideration and to rule to cancel its sentence and refer the papers to the Public Prosecution for action.
In the two previous cases, the execution of the sentence shall be suspended, and the convicted person may be detained in accordance with Article (119) of this Law.
If an accused person is convicted as a child, and it is subsequently proven by official documents that he is over eighteen, the Attorney General may refer the matter to the court that issued the judgment for reconsideration as described in the two preceding paragraphs. (7)
Article (134):
The head of the juvenile court in whose jurisdiction the execution is taking place has exclusive jurisdiction to adjudicate all disputes and issue decisions and orders related to the execution of judgments, provided that in deciding on objections to execution he adheres to the rules stipulated in the Code of Criminal Procedure. (10)
The head of the juvenile court, or a judge or expert appointed by him, shall visit juvenile detention centers, training and rehabilitation centers, social welfare institutions, specialized hospitals, penal institutions, and other entities that cooperate with the juvenile court and are located within its jurisdiction, at least once every three months, to verify that they are fulfilling their duties in rehabilitating the child and helping him to reintegrate into society. The head of the juvenile court may send a report of his observations to the competent General Committee for Child Protection for appropriate action. (1)
Article (135):
Except for the reprimand measure, the social supervisor shall oversee the implementation of the measures stipulated in Articles (101) to (104) of this Law, observe the person sentenced to them, and provide guidance to him and to those responsible for his upbringing. He shall submit periodic reports to the Juvenile Court about the child in whose care and supervision he is responsible.
The person responsible for the child must inform the social worker in the event of the child's death, illness, change of residence, or absence without permission, as well as any other emergency that may occur to him.
Article (136):
If the child violates the provision of the measure imposed on him pursuant to one of Articles (104), (105) and (106) of this Law, the court may, after hearing his statements, order the extension of the period of the measure by no more than half of the maximum period stipulated in the aforementioned articles, or replace it with another measure that is appropriate to his condition.
Article (137):
The court, with the exception of the measure stipulated in Article (102) of this Law, may, after reviewing the reports submitted to it or upon the request of the Public Prosecution, the child, or the person who has guardianship or custody over him, or the person to whom he has been handed over, order the termination of the measure, or the amendment of its system, or its replacement, taking into account the provisions of Article (110) of this Law. If this request is rejected, it may not be renewed except after the passage of at least three months from the date of its rejection, and the ruling issued in this regard shall not be subject to appeal.
Article (138):
No measure that has been neglected to implement for a full year from the day it was pronounced shall be implemented except by a decision issued by the court at the request of the Public Prosecution after taking the opinion of the social supervisor.
Article (139):
Physical coercion is not permitted against those convicted under the provisions of this law who have not reached the age of eighteen at the time of execution. (8)
Article (140):
Children are not required to pay any fees or expenses before any court in cases relating to this chapter.
Article (141):
The implementation of custodial sentences imposed on children shall take place in special penal institutions, the organization of which shall be determined by a decision of the Minister of Social Affairs in agreement with the Minister of the Interior. (9)
If the child reaches the age of eighteen, the sentence or the remainder thereof shall be carried out in one of the public prisons. However, it is permissible to continue the execution of the sentence in the penal institution if there is no danger from doing so and the remaining period of the sentence does not exceed six months. (12)
Article (142):
An execution file shall be created for each convicted child, which shall be attached to the subject file, in which all papers related to the execution of the judgment issued against him shall be deposited, and in which decisions, orders and judgments issued regarding the execution shall be recorded. This file shall be presented to the head of the court before taking any of the procedures stipulated in Article (134) of this law.
Article (143):
The provisions of the Penal Code and the Code of Criminal Procedure shall apply to matters not covered by this chapter.
___________________________________________
(1) The texts of Articles Nos. 2, 3, 4, 17, 49, 53, the second paragraph of Article 54, and Articles: 65, 68, 70, 75, 86, 94, 95, 96, 97, 98, 99, 101, 104, 107, 111, 112, 113, 114, 116, 117, 125, 127, and the second paragraph of Article 134 shall be replaced in accordance with Law No. 126 of 2008 published in the Official Gazette, Issue No. 24 bis, on 6/15/2008.
(2) A second paragraph is added to Article (1), and other new articles and paragraphs are added numbered: 7 bis, 7 bis (a), 7 bis (b), a final paragraph to Article (15), a second paragraph to Article (31), Article 31 bis, clause (5) to Article 32, a third paragraph to Article 50, and the following articles: 65 bis, 76 bis, 98 bis, 99 bis, 99 bis (a), 116 bis, 116 bis (a), 116 bis (b), 116 bis (c), 116 bis (d), 144 bis, 144 bis (a), 144 bis (b), and 144 bis (c), in accordance with Law No. 126 of 2008 published in the Official Gazette, Issue No. 24 Repeated on 15/6/2008.
(3) The phrase “fifteen years” shall be replaced by the phrase “fourteen years” and the phrase “thirteen years” by the phrase “twelve years” in Article (64) in accordance with what was stated in Law No. 126 of 2008 published in the Official Gazette No. 24 bis on 6/15/2008.
(4) The phrase “seven o’clock in the evening” shall be replaced by the phrase “eight o’clock in the evening” contained in Article (66) of this Law in accordance with what was stated in Law No. 126 of 2008 published in the Official Gazette, Issue No. 24 bis, on 6/15/2008.
(5) The phrase “did not exceed one year” shall be replaced by the phrase “did not reach one year” contained in Article (109) of this Law in accordance with what was stated in Law No. 126 of 2008 published in the Official Gazette, Issue No. 24 bis, on 6/15/2008.
(6) The phrase “did not exceed” is replaced by the phrase “did not reach” in Article (119) in accordance with what was stated in Law No. 126 of 2008 published in the Official Gazette, Issue No. 24 bis, on 6/15/2008.
(7) The phrase “exceeded fifteen” shall be replaced by the phrase “reached fifteen,” the phrase “that he did not exceed it” by the phrase “that he did not reach it,” the phrase “exceeded eighteen” by the phrase “reached eighteen,” and the phrase “that he exceeded eighteen” by the phrase “that he reached eighteen” in Article (133) in accordance with what was stated in Law No. 126 of 2008 published in the Official Gazette, Issue No. 24 bis, on 6/15/2008.
(8) The phrase “those who have not exceeded” shall be replaced by the phrase “those who have not reached” in Article (139) in accordance with what was stated in Law No. 126 of 2008 published in the Official Gazette No. 24 bis on 6/15/2008.
(9) The phrase “Minister of Social Affairs” shall be replaced by the phrase “Minister of Social Affairs” wherever it appears in this Law, in accordance with Law No. 126 of 2008 published in the Official Gazette, Issue No. 24 bis, on 6/15/2008.
(10) The phrase “Child Court” shall be replaced by the phrase “Juvenile Court” and the phrase “Child Prosecution Office” shall be replaced by the phrase “Juvenile Prosecution Office” wherever it is found in this law or in any other law, in accordance with what was stated in Law No. 126 of 2008 published in the Official Gazette, Issue No. 24 bis, on 6/15/2008.
(11) The word (two years) mentioned in the first paragraph of Article (46) of the aforementioned Child Law shall be replaced by the phrase (three months) in accordance with what was stated in Law No. 6 of 2015 published in the Official Gazette, Issue No. 3 bis (g) on 21/1/2015.
(12) The phrase “twenty-one” mentioned in Article No. 110 of the aforementioned Child Law and the phrase “twenty-one years” mentioned in Article No. 141 of the same law shall be replaced by the phrase “eighteen years” in accordance with what was stated in Law No. 7 of 2015 published in the Official Gazette, Issue No. 6 bis (A) on 5/2/2015.
(13) The text of Article (50/ Paragraph One) shall be replaced in accordance with what was stated in Law No. 161 of 2021 published in the Official Gazette No. 51 bis (B) on 27/12/2021.
* Note: The National Council for Childhood and Motherhood, organized according to the provisions of Law No. 182 of 2023, replaces the National Council for Childhood and Motherhood established by the Child Law No. 12 of 1996. Likewise, the Childhood and Motherhood Welfare Fund, organized according to the provisions of the accompanying law, replaces the Childhood and Motherhood Welfare Fund established by the Child Law. The members of the Council shall continue in its current formation until a new Council is formed. The employees of the National Council for Childhood and Motherhood and the Childhood and Motherhood Welfare Fund shall be transferred to the new Council and the new Fund with the same job and financial conditions, in accordance with what was stated in Law No. 182 of 2023 published in the Official Gazette, Issue No. 46 (continued) on 16/11/2023.
(14) Paragraphs five and six of Article (97) and Chapter Nine are hereby repealed in accordance with Law No. 182 of 2023 published in the Official Gazette, Issue No. 46 (continued) on 11/16/2023.
(15) The texts of Articles (23, 24, 113, 114) shall be replaced in accordance with Law No. 186 of 2023 published in the Official Gazette No. 49 (bis) on 10/12/2023.
(16) A new article is added with the number (72 bis) in accordance with what was stated in Law No. 186 of 2023 published in the Official Gazette No. 49 (bis) on 10/12/2023.
(17) Article (49) is repeated in accordance with what was stated in Law No. 12 of 2025 published in the Official Gazette, Issue No. 14 (continued) on 4/3/2025.
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