Yemen

Summary of Domestic Prohibition

Slavery and slave trade

Lorem ipsum dolor sit amet, consectetur adipiscing elit. Fusce eget nibh consequat, pellentesque velit sed.

Practices similar to slavery

Lorem ipsum dolor sit amet, consectetur adipiscing elit. Integer luctus suscipit felis, sed aliquam tellus mattis in. Duis quis sodales nunc. Cras bibendum aliquet magna, id accumsan ligula convallis ac. Nullam molestie quis risus quis hendrerit. Vestibulum hendrerit felis quis enim mattis, ut varius augue.

Servitude

Lorem ipsum dolor sit amet, consectetur adipiscing elit. Etiam volutpat tristique arcu eu vehicula. Ut a nunc vel dui blandit aliquet. Praesent magna mauris, viverra eleifend nunc non, bibendum posuere.

Forced or compulsory labour

Lorem ipsum dolor sit amet, consectetur adipiscing elit. Aenean ut mauris sed nisl dapibus efficitur in nec libero. Praesent aliquet sapien nec elit sodales venenatis. Aliquam orci nisl, suscipit at sodales ut, congue non massa. Curabitur gravida nunc id est imperdiet lobortis. Mauris quis urna semper, pulvinar tellus viverra, gravida leo. Duis scelerisque nulla at.

Human trafficking

Lorem ipsum dolor sit amet, consectetur adipiscing elit. Mauris fringilla feugiat justo, in convallis neque euismod ut. Nam commodo justo maximus, faucibus eros id, porttitor urna. Pellentesque sit amet massa odio. Nulla facilisi. Aliquam euismod arcu sit amet molestie blandit.

Forced marriage

Provisions related to forced marriage in Yemen are found in the 2012 Personal Status Act 2012, which addresses coercion of a husband or wife for marriage at Article 10.

Consent to marriage

There appears to be no legislation in Yemen that requires consent to marriage.

Servile marriage

There appears to be no legislation in Yemen that prohibits servile matrimonial transactions.

Marriage trafficking

There appears to be no legislation in Yemen that prohibits marriage trafficking.

Minimum age for marriage

There appears to be no minimum age for marriage in Yemen.

Region

Asia-Pacific

Regional Court

Not party to a court

Legal System

Mixed

International Instruments

1926 Slavery Convention
Not Party
1953 Protocol to the Slavery Convention
Not Party
1956 Supplementary Slavery Convention
Not Party
1966 ICCPR
09 February 1987
1930 Forced Labour Convention
14 April 1969
2014 Protocol to the 1930 Forced Labour Convention
Not Party
1957 Abolition of Forced Labour Convention
14 April 1969
1999 Worst Forms of Child Labour Convention
15 June 2000
2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons
Not Party
1998 Rome Statute of the ICC
Not Party
1956 Supplementary Slavery Convention
Not Party
1966 ICCPR
09 February 1987
1966 Optional Protocol to the ICCPR
Not Party
1966 ICESCR
09 February 1987
2008 Optional Protocol to the ICESCR
Not Party
1962 Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages
09 February 1987
1957 Convention on the Nationality of Married Women
Not Party
1989 Convention on the Rights of the Child
01 May 1991
2000 Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography
15 December 2004
2011 Optional Protocol to the CRC on a communications procedure
Not Party
1979 Convention on the Elimination of All Forms of Discrimination against Women
30 May 1984
1999 Optional Protocol to CEDAW
Not Party
1978 Convention on the Celebration and Recognition of the Validity of Marriages
Not Party
2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons
Not Party
1998 Rome Statute of the ICC
Not Party
1999 Worst Forms of Child Labour Convention
15 June 2000

International Obligations

  • Slavery
  • Servitude
  • Forced Labour
  • None

Regional Organisations

  • Organisation of Islamic Cooperation
  • Arab League

Legislative Provisions

CONSTITUTION (REV. 2001)

Article 29. 

Work is a right, an honour, and a necessity for society’s progress. Every citizen has the right to choose the appropriate work for himself within the law. No citizen can be compelled to do any work except within the law, and in which case it is to serve the common interest and be in return for a fair wage. The law shall regulate union activities and professional work, and the relationship between workers and employers. 

Article 48. 

a. The state shall guarantee to its citizens their personal freedom, preserve their dignity and their security. The law shall define the cases in which citizens freedom may be restricted. Personal freedom cannot be restricted without the decision of a competent court of law.

Article 57. 

Freedom of movement from one place to another within the country is guaranteed for all citizens, and may not be restricted except by law and for reasons necessitated by the security and safety of the people. The law shall regulate entry and exit from Yemen. No citizen may be deported from or denied return to Yemen. 

Constitution (Rev. 2001) (PDF)

DECREE CONCERNING CRIMES AND PENALTIES

Article (248): The crime of slavery 

Anyone who buys or sells or presents or deals in any such way on a human being shall receive the punishment of imprisonment for a period not exceeding ten years is to : First: Anyone who buys of sells or give as present or deal in any way in a human being. Second: Anyone who brings to the country or imports from it a person for the purpose of dealing with him. 

Article (279): Instigation on Immorality and Prostitution 

Punishment with imprisonment for a period not exceeding three years is to whoever instigates others on immorality or prostitution. If the crime occurs in accordance with this instigation, the punishment with imprisonment will be not more than seven years. 

If the crime committed is on a minor not reaching fifteen years of age, or the instigator supports in his living on immorality or prostitution whoever he instigates, it is lawful that the punishment of the instigator reaches imprisonment for a period not exceeding ten years.  

If both cases are combined, it is possible that the punishment of the instigator reaches imprisonment for a period not exceeding fifteen years. 

Article (280): Punishment of the Procurer 

Punishment with imprisonment for a period not exceeding fifteen years is to whoever consents to his wife or any of his unmarried females or those to whom he is the guardian or whoever he undertakes to raise, to commit prostitution. If he returns [to his act], his punishment will be the death penalty and the woman who consents that her daughters commit prostitution will be punished with the same penalty. 

Decree concerning Crimes and Penalties (PDF)

CHILD RIGHTS LAW

Note: article 161 specifically criminalizes the prostitution of children (no text available) 

LABOUR CODE
DECREE CONCERNING CRIMES AND PENALTIES

Article (248): The crime of slavery 

Anyone who buys or sells or presents or deals in any such way on a human being shall receive the punishment of imprisonment for a period not exceeding ten years is to : First: Anyone who buys of sells or give as present or deal in any way in a human being. Second: Anyone who brings to the country or imports from it a person for the purpose of dealing with him. 

 

Article (265):

A person is considered married whenever the following conditions are applied to him: 

1- He makes intercourse with his spouse according to a true contract. 

2- Intercourse is taking place from front. 

3- Intercourse is being made with a rational person suitable for intercourse. 

4- The state of his intercourse is mature and sober. 

5- Marriage is continuous. 

 

Article (276): Violating the Sanctity of Marriage. 

Punishment with imprisonment for a period not exceeding one year or a fine is to every married person whether male or female who commits acts conflicting with honesty and care that necessary for the marriage. 

Yemen Decree concerning Crimes and Penalties (PDF)

 

Personal Status Act 1992 (no. 20/1992)

Article (6):   Marriage is a relationship between two spouses according to a legal covenant by which a woman legally dissolves to a man, with the   aim of establishing a family of good tenure. 

 

Article (7): Marriage takes place in one assembly with an offer from a non-forbidden male in charge with a word indicating marriage according to custom and acceptance of a similar one before the symptoms, and the offer and acceptance must be fulfilled that is not indicative of the  

 

Article (10): Every contract based on coercion of a husband or wife has no consideration 

. 

Article (14): who assumes the contract formula and the husband and the wife ‘s guardian must restrict paper marriage contract with the competent authority in the book prepared for this within one week from the date of the contract and only punished them all according to   what is prescribed in the law , and if one of those who provide mentioned enrollment The paper falls on the obligation to others, and the marriage contract paper must include the necessary information such as the age of the spouses, ID numbers, and the amount of the expedited and deferred dowry 

 

Article (15): It is not permissible to marry off a minor,   whether male or female, under the age of fifteen years. 

 

Article (16): The guardian of the marriage contract is the closest, then the closest in order is the father, if he is higher, then the son and lower, then the brothers, then their sons, then the uncles, then their sons, then the paternal uncles, then their children, and the one who is related to the father and mother and if there are more than one They are in one degree, and the guardianship is for each of them, and the contract of those who preceded them is valid and the contract of those who are late is void if they contracted for more than one person at one time, and if this constitutes the nullity of the contract. 

 

Article (17): The judge is the guardian of a person who has no guardianship, and if a woman of unknown parentage claims that she has no guardian but is not disputed, she is validated after examining the judge and making sure of her oath. 

 

Article (18):   1-   If the closest guardian is a violator   in the sect, or is insane,   or it was impossible to contact him, or he concealed his whereabouts, the guardianship shall be transferred to the one who follows him. 

2 – If the woman’s guardian abuses his judge’s order to marry her, then her husband refuses to judge a dowry like her for a man who is competent for her. 

 3 – It is not acceptable for a woman to say what was mentioned in the previous two paragraphs of this article except with proof. 

 

Article (19):   The guardian is considered permissible   if he refuses to marry the woman while she is an adult, sane, satisfied with a competent person, unless   that is from him pending   to know the condition of the suitor, provided that the waiting period does not exceed one month. 

 

Article (20): It is permissible for the marriage contract to be undertaken by one person who speaks in the form of offer and acceptance in the contract council. 

 

Article (21): Power of attorney   in marriage is valid even if the appointed guardian is absent,   his absence is discontinued, and it is permissible for the agent to marry himself to whomever he authorizes to marry her unless   otherwise stipulated, and it is permissible for the guardian to marry himself to someone who has guardianship over her, and all that does not contradict the provisions of Article 23 ) Of this law. 

 

Article (22): Whoever conducts a marriage contract without a state or agency is curious, and the marriage contract of an inquisitive person is considered both a contract. 

 

Article (23): The consent of the woman and the consent of the virgin are conditional on her silence and the consent of the virgin her pronouncement 

 

Article (30): Every marriage that fulfills its pillars and conditions set forth in the previous chapter is valid   , and since its conclusion all the effects of the marriage stipulated in this law have resulted in it unless it is suspended and   even if it is not followed by entry, and the marriage is considered suspended   before the consent of the one who owns it, and if consent is made, the effects of Marriage from the time of the contract. 

 

Article (31): A marriage that does not fulfill its pillars and conditions set forth in the previous chapter is null and does not result in any effects before entering, and the two parties must be separated from each other if they were not consensual. 

 

Article (32): An invalid marriage, if followed by it, entails the following effects: 

1-       Obligation of the proverbial or named dowry, whichever is less. 

2-       Establishing lineage in the manner indicated in this law. 

3-       Obligation of waiting period after paradox is satisfaction or making up and following death 

 

Article (40): The husband has the right to obedience to the wife in what is in the interest of the family, in particular with regard to the following: 

1-       Moving with him to the marital home unless she stipulated in the contract that he stay in her home and her family’s home, so she must enable him to live with her and enter her. 

2-       Enabling him to be able to perform intercourse with the law in the absence of anyone. 

3-       Obeying his command and doing her work in the marital home like others. 

4-       Not leaving the marital home except   with his permission, and the husband does not prevent his wife from going out for a legitimate excuse or what is customary in the same way, which does not violate honor or her duties towards him, and in particular, going out to fix her money or perform her job is considered a   legitimate excuse   for a woman to serve her parents who are incapable of He serves them, or one of the other. 

 

Article (41):   The husband must to his wife the following: 

1-       Preparing legal housing that befits a similar one. 

2-       Alimony and clothing like it. 

3-       Fairness between her and all of his wives if the husband has more than one wife. 

4-       Not to be exposed to her own money. 

5-       Not to harm it materially   or mentally. 

 

Article (42): 1- It is a condition in the legal dwelling that it be independent   in which the wife can secure herself and her money, and in that the husband’s condition, the home of those like him, the custom of the country and the lack of harm to the wife and the husband is to live with his wife and children from her and from others even if they are adults, and his parents and his male relatives are women if Their housing was a duty of   him, provided that the house is spacious for their residence and that the wife is not harmed, and that she did not stipulate otherwise in the contract. 

2 – The husband does not have the right to live with his wife in one house unless she consents to   that, and she has the right to leave whenever she wants 

 

Article (43):   Marriage ends with dissolution, divorce, or death. 

 

Article (44): Annulment must be pronounced or indicated. 

 

Article (45): The marriage is not annulled except    

with a court ruling, and the annulment does not result in anything before the ruling on it, and if the cause of the annulment is something that makes the woman not dissolved for the man, marital intercourse is abstained and it is necessary to prevent them until the date of dissolution and in all cases if the annulment is after consummation, the waiting period is required Or find relief when judged. 

 

Article (46):    

If there is between the two spouses one of the reasons for the prohibition, a judgment dissolves the marriage. 

 

Article (47): Each of the spouses has a request for annulment if he finds his wife a defect   alone, whether the defect was present   before the contract or occurred after it, and the defect in both spouses   is considered insanity, leprosy and leprosy, and it is considered a defect in the wife of century, darn and chastity, and the right to request annulment by consent of the defect explicitly or By implication,   except   in insanity, leprosy, leprosy, and other infectious diseases that are difficult to treat, the choice is determined in them, even if consent is preceded, and the defect is proven either by acknowledgment of who is present in it or by a report from a specialist doctor. 

 

Article (48):   Competence is considered in religion and morals and its consensual basis, and each of the spouses may request annulment due to lack of competence. 

 

Article (49):   If the husband becomes Muslim and the wife does not write Islam and refuses to Islam or embraces a written religion, a verdict is annulled, and if the wife becomes Muslim and the husband refuses Islam, the judgment is annulled, and if the husband or wife abandons Islam, a judgment for annulment is ruled for annulment. 

 

Article (50): the   wife of the rebel against spending in the event of a left-off cancellation if her right to alimony cannot be fulfilled from him or his money. 

 

Article (51): the wife of an insolvent, who has rebelled from earning a living and is able or unable to annul him, if he refuses to divorce. 

 

Article (52): 1- The wife of the absent person in an unknown place or outside the homeland shall annul her marriage contract after the expiration of one year for the non-spender and two years later for the spender. 

2 – The wife of a final person   sentenced to imprisonment for a period of no less than three years may request the annulment of her marriage contract, and she shall not be sentenced to that unless   the husband has been imprisoned for a period of not less than one year. 

 

Article (53): If the man is married to   more than one woman without being able to spend and live, then each of them has the right to request annulment, and after the request, the judge gives him the choice between catching one and divorcing the others, and if he refuses to annul the marriage of the one she requested. 

 

Article (54): If the woman requests a judgment of annulment for hatred, the judge must investigate the reason, and if it is proven to him, he appointed a judgment   from the husband’s   family and a ruling from her family to reconcile between them. Otherwise, the husband’s order for divorce, if a ruling refuses to annul the annulment, and she must return the dowry. 

 

Article (55): If the woman requests a judgment of annulment due to the husband’s addiction to alcohol or narcotic substances, and this is proven, the court shall rule to annul the marriage and the dowry is not returned. 

 

Article (56): Annulment for the aforementioned reasons and set forth in this chapter is considered a minor baynunah and does not destroy the number of rounds nor does it count as a divorce. 

 

Article (57): If the man and the woman differ in the marriage contract, its annulment, its nullity, the naming of the dowry, its appointment, its seizure, its increase or decrease, then the evidence is on the plaintiff and the denunciation is with his oath 

Yemen. Republican Decree Law No.(20) on Personal Status. 1992. (yemen-nic.info) (English) (PDF)