Date of Defense
8-11-2024 9:00 AM
Location
H2-1005
Document Type
Thesis Defense
Degree Name
Master of Public Law (MPL)
College
COL
Department
Public Law
First Advisor
Dr. Adham Hashesh
Keywords
criminal confrontation, discrimination, combating, UAE law, racism.
Abstract
Discrimination is a reprehensible act that undermines equality and fair opportunities. International efforts and national penal legislation have responded by criminalising this behaviour and enforcing penalties, given its threat to national peace and human dignity. The United Arab Emirates, with its unique diversity of citizens and residents differing in colour, gender, ethnic, and religious backgrounds, fosters coexistence under the rule of law and equality. The UAE legislature has proactively taken steps to combat discrimination, enacting specific preventive legislation: Federal Decree-Law No. (34) of 2023 on Combating Discrimination, Hatred, and Extremism.
This study offers a critical analysis of the criminal prosecution of discrimination under this law, conducting a comparative examination with other legal systems and considering scholarly perspectives. The study aims to assess the adequacy and effectiveness of the legal framework established by the Federal Decree-Law No. (34) of 2023 on Combating Discrimination, Hatred, and Extremism. It identifies potential loopholes in the law's drafting and offers legal suggestions. The study concluded with a number of recommendations aimed at drawing the attention of the UAE legislator, the most prominent of which is to adopt a definition of discrimination that aligns with international agreements and to specify the scope of discrimination within crimes. It is also recommended to consider the legal phrasing in Article 6 of the Anti-Discrimination, Hatred, and Extremism Law to ensure its consistency with the general provisions of the Penal Code. Additionally, the importance of adopting specific criminal intent in the crime of discrimination was highlighted, along with proposals related to the penalties specified for this crime.
Included in
The Criminal Confrontation of Discrimination Crimes in UAE Law Under Federal Law by Decree No (34) of 2023 Concerning Combating Discrimination, Hatred and Extremis
H2-1005
Discrimination is a reprehensible act that undermines equality and fair opportunities. International efforts and national penal legislation have responded by criminalising this behaviour and enforcing penalties, given its threat to national peace and human dignity. The United Arab Emirates, with its unique diversity of citizens and residents differing in colour, gender, ethnic, and religious backgrounds, fosters coexistence under the rule of law and equality. The UAE legislature has proactively taken steps to combat discrimination, enacting specific preventive legislation: Federal Decree-Law No. (34) of 2023 on Combating Discrimination, Hatred, and Extremism.
This study offers a critical analysis of the criminal prosecution of discrimination under this law, conducting a comparative examination with other legal systems and considering scholarly perspectives. The study aims to assess the adequacy and effectiveness of the legal framework established by the Federal Decree-Law No. (34) of 2023 on Combating Discrimination, Hatred, and Extremism. It identifies potential loopholes in the law's drafting and offers legal suggestions. The study concluded with a number of recommendations aimed at drawing the attention of the UAE legislator, the most prominent of which is to adopt a definition of discrimination that aligns with international agreements and to specify the scope of discrimination within crimes. It is also recommended to consider the legal phrasing in Article 6 of the Anti-Discrimination, Hatred, and Extremism Law to ensure its consistency with the general provisions of the Penal Code. Additionally, the importance of adopting specific criminal intent in the crime of discrimination was highlighted, along with proposals related to the penalties specified for this crime.