Dubai: Parental negligence as a factor in the deaths of children may be rising, but there is no legal liability to ensure absolute accountability in such cases, officials said.
After a spate of recent incidents involving children falling from high-rise buildings, Gulf News sought the views of people in various fields regarding the ideal course of action to prevent such tragedies.
Some suggested the prosecution of parents for negligence while others said parents cannot be prosecuted due to the absence of legal provisions.
While people seemed to agree that circumstances vary in each case involving the death of a child and that parents can only be tried if criminal intent is proved, they also called for improved safety standards in buildings.
A leading advocate of women and children's rights said that a comprehensive law on protecting children is being drafted.
Afra Al Basti, chief executive officer (CEO) of the Dubai Foundation for Women and Children and a member of the Federal National Council, said children are extremely vulnerable and the UAE is preparing laws to protect their rights.
She said the UAE law on the rights of children conforms to international conventions. "There are several types and forms of abuse a child may be exposed to and those may take various forms. She said a child may also be subjected to physical, sexual and emotional abuse, and neglect.
"The new UAE law about children's rights will include all articles to protect children by all means here including parental negligence," she said.
Brigadier Ali Abdullah Alwan, Chief of Ajman Police, rued that incidents of children falling from high-rise buildings are being reported all too frequently.
"One such incident which I will never forget happened this Ramadan when parents of a young boy went for prayer, leaving their young son locked up at home alone. The boy fell from the balcony and died while his parents were away," he said.
Brigadier Alwan said he could not understand how parents could leave young children at home alone.
He said the Ministry of Interior had instructed police and civil defence and municipalities to investigate safety standards in buildings all over the country. "It is parents' responsibility to keep a close eye on their children but usually parents face no liability or punishment in case of any accidents involving their children."
He said federal law should contain disciplinary punishment for parents whose child dies due to negligence.
Brigadier Abdullah Mubarak Al Dukhan, Deputy Director of Sharjah Police, said the issue of children's deaths due to falls from high-rises was on the rise.
Ministry directives
"There are directions by the Minister of Interior to study and investigate all cases of the deaths of children who died after falling from the balconies or windows in high-rise buildings," he said.
Brigadier Al Dukhan said protecting children and their safety was the responsibility of parents. "Creating awareness among parents about children's safety is very important. They should not leave them home alone even if balconies and windows are closed," he said.
"There must be security standards followed by parents and developers, municipalities and civil defence who are in charge of safety rules," he said.
Brigadier Al Dukhan said children are curious and ready to do anything. He said all cases of death involving children in such accidents are usually transferred to the public prosecutor for investigation. "If there is no criminal suspicion in the death of the child then the case is considered negligence on part of parents or as destiny or fate. Parents are usually never punished. It is enough pain for them losing the child."
Major General Mohammad Ahmad Al Merri, Director General of the General Directorate for Residency And Foreigners Affairs in Dubai and Vice-Chairman of Community Development Authorityi, said there should be safety standards in each building to be followed. "It is mutual responsibility between parents and authority. Each case must be studied one by one to find out what is the reason behind it," he said adding it is not reasonable to force buildings' owners to keep barriers on windows or balconies because for aesthetic reasons.
Parents fully responsible for children
Dr Ahmad Al Qubaisi, a prominent Islamic scholar said that as per Islam only parents are holding full responsibility regarding their children's safety and protection.
Dr. Al Qubaisi said Prophet Mohammad (PBUH) said: "A man has sinned enough if he neglects to feed those in need."
"The explanation of that in Islam is that parents or guardians are responsible for their children or for those whom they are supporting by educating them, sending them to schools, taking care of their health and protecting them by all means," he said.
Dr. Al Qubaisi said that safety of the children is 100 per cent the responsibility of parents and no one else. "Authorities and governments can not have a guard for each family in order to protect their children."
He said whatever the standard of safety at homes stated by authorities, parents must not leave them alone at home by any means.
