Muscat Document on Child Protection Rules during the Investigation Stage in the GCC Countries

Show Law Preamble
  • Decision No. (718)dated 21/09/1447 AH
  • The Council of Ministers
  • After reviewing the correspondence received from the Royal Court No. 58461 dated 21/7/1447 AH, including the two telegrams from the Public Prosecution No. 109831 dated 25/6/1445 AH, and No. 111431 dated 27/6/1445 AH, regarding the draft Muscat Document on the Rules for the Protection of the Child during the Investigation Stage in the GCC countries.
  • After reviewing the aforementioned draft document.
  • After reviewing memoranda No. (4341) dated 24/12/1445 AH, No. (703) dated 25/2/1446 AH, No. (1655) dated 12/5/1446 AH, No. (3184) dated 19/9/1446 AH, No. (3517) dated 26/10/1446 AH, No. (399) dated 28/1/1447 AH, and No. (2135) dated 9/6/1447 AH, prepared by the Bureau of Experts at the Council of Ministers.
  • After reviewing the telegram from the Secretariat of the Council of Political and Security Affairs No. 10026 dated 14/7/1446 AH.
  • After reviewing the recommendation prepared by the Council of Economic and Development Affairs No. (17-30/46/D) dated 30/7/1446 AH.
  • After considering the Shura Council decision No. (16/194) dated 17/7/1447 AH.
  • After reviewing the recommendation of the General Committee of the Council of Ministers No. (9221) dated 23/8/1447 AH.
  • Decides:
  • To approve the Muscat Document on the Rules for the Protection of the Child during the Investigation Stage in the GCC countries as binding, which was adopted by the Supreme Council of the GCC in its (44th) session held in Doha on 21/5/1445 AH corresponding to 5/12/2023 AD, in the attached form.
  • Prime Minister
  • The Supreme Council of the Gulf Cooperation Council (GCC):
  • After reviewing the Charter of the Gulf Cooperation Council,
  • And the Gulf Declaration on Human Rights adopted by the Supreme Council in its 35th session held on 17 Safar 1436 AH, corresponding to December 9, 2014,
  • Based on the recommendation of the Committee of Public Prosecutors and Attorneys General of the GCC countries in its 15th meeting held on 1 Rabi’ al-Thani 1445 AH, corresponding to October 16, 2023,
  • And based on the recommendation of the Ministerial Council in its 158th session held on 19 Jumada al-Awwal 1445 AH, corresponding to December 3, 2023, and in the belief of Their Majesties and Highnesses, the leaders of the GCC countries, in the essential importance of protecting the child as the nucleus of society upon which hopes and aspirations are built, and commitment to the principles established by the noble Islamic Sharia which require consideration of the child’s best interest and upbringing on religious constants and good morals, guided by what is stipulated in international agreements, charters, declarations, and treaties, and affirming the child’s right to full care in all fields and practices,
  • The Supreme Council, in its 44th session held in Doha - State of Qatar on 21 Jumada al-Awwal 1445 AH, corresponding to December 5, 2023, has adopted the Muscat Document on the Rules for the Protection of the Child during the Investigation Stage in the GCC countries, the text of which is as follows:

Rule 1

  • A- The GCC countries shall adopt the rules for the protection of the child during the investigation phase in the GCC countries as mandatory in their national legislations, in accordance with their constitutional procedures.
  • B- The GCC countries shall notify the General Secretariat of the legislations issued in implementation of these rules.
  • C- The GCC countries shall work periodically to raise the level of protection for the child during the investigation phase.
  • D- These rules shall not prejudice any national legislation that includes or may include provisions with broader application.

Rule 2

  • The child enjoys all the rights stipulated under local legislations, laws, and regulations, and their protection is mandatory without discrimination based on origin, race, gender, nationality, religious belief, or social status.

Rule 3

  • The protection of the child and their best interests shall be a priority in all decisions and procedures taken concerning them, and the child shall, in all cases, have priority in enjoying protection, care, and relief from any crime committed against them.

Rule 4

  • Unauthorized persons are not permitted to access the investigation procedures with children except with a written permission from the competent prosecution member, and it is prohibited to publish or disclose information or personal data related to children.

Rule 5

  • During the stage of collecting evidence and investigation, the cognitive, psychological, and physical condition of the child must be taken into account in a manner that ensures their safety and prevents exposure to any form of abuse or influence, regardless of their legal status in the case.
  • It is prohibited during the investigation with the child to use methods of intimidation, coercion, enticement, or any other unlawful means to obtain confessions or statements in the case.

Rule 6

Rule 7

  • If the child is not proficient in Arabic or the language used, or if the child has special needs, a translator or one of the experts specialized in the child's condition must be consulted to assist in understanding and comprehension free of charge.

Rule 8

The juvenile delinquent has the right to be assisted by a lawyer to defend him and to be provided with legal aid during the investigation stage.

Next section title

Next section content