ABU DHABI // Federal National Council members say a controversial clause making breastfeeding a right was not designed to punish mothers, but to improve the health of children.
Members of the council’s health, labour and social affairs committee that added the clause to the Child Rights Law have disagreed over its interpretation, but all agreed it was in the child’s best interest.
Salem Al Ameri (Abu Dhabi), head of the committee, said the clause was intended to ensure that fathers contributed by bringing home all of the child’s needs, including formula milk.
Mr Al Ameri said although the term used in the law, “reda’a”, implied breastfeeding it actually meant all forms of feeding.
“It is general feeding, all children need this,” he said. “This would be clear to a [legal] expert even if it is not clear to others. The father must provide this for the child and provide the mother with a decent life.”
Mr Al Ameri said if the parents divorced, the father would be obliged to include a sum for feeding as part of the alimony.
The Minister of Social Affairs, Mariam Al Roumi, said earlier she believed the clause referred to breastfeeding specifically, and expressed concern that the law would open the door to lawsuits against women who did not nurse.
Dr Shaikha Al Ari (Umm Al Quwain) insisted the clause specifically referred to breastfeeding.
She has said findings show breastfeeding is best for a child and the law was “all about what is best for the child”.
“I am with breastfeeding,” she said. “Breastfeeding also has benefits for the mother, as well as the child. This has been known for years.”
Dr Al Ari said breastfeeding ensured psychological security for the child. “Formula milk is never like breast milk,” she said. “This is a gift from God. If it would harm the woman in any way, then Islam would not encourage it. In my point of view, the woman needs to think of her child before herself.”
She added that even though husbands might abuse the law, filing lawsuits against their wives for not nursing, it was “unlikely to be the case in a society like the UAE”.
“Family bonds are stronger than in the West,” she said. “It would not reach the point of getting to court.”
Sultan Al Sammahi (Fujairah), deputy head of the committee, said the clause did refer to breastfeeding, but only to encourage it rather than criminalise those who do not do it.
“If there is a medical condition why a woman cannot breastfeed, or her milk stops after a few months, then she should find another way and care for the child,” he said. “But this is not an obligation as much as it is to ensure the mother cares for her child.”
He said the clause was directed at women who intentionally neglected their children and denied them breast milk.
“Breast milk is very important for a child,” he said. “In the end of the day we want women to try as much as they can to feed their baby naturally. This is not to say that women who do not are criminals, but they may face disciplinary measures, but definitely not prison.”
A veteran Emirati lawyer in Abu Dhabi, Ali Al Abadi, believed the wording of the clause subjected women to more harm than members realised.
“If she neglected and did not breastfeed the child, the mother is subject to punishment under this bill unless there is a reason why she cannot,” Mr Al Abadi said.
“But if she has been found to be neglecting this right it would be considered as an offence, even if the law is not intended to punish.”
He said the father or anyone else responsible for the child’s welfare could file suit.
Mr Al Abadi added that men already had the right to do so as it would be considered a form of neglect, falling under family law.
Some lawyers, he said, might be able to get mothers off on a technicality by suggesting that the term was not explicit enough.
osalem@thenational.ae
