Protection of Children’s and Family Rights under Somali Law and International Conventions

Abstract

ABSTRACT The protection of children and family rights in Somalia remains a significant challenge due to the pluralistic legal system combining statutory law, Shari‘a, and customary law (Xeer), which has resulted in inconsistent definitions of a child, fragmented legal standards, and gaps in implementation that expose children to abuse, exploitation, child labour, and early marriage. This study examines the legal and institutional frameworks governing the protection of children and family rights in Somalia, assesses their alignment with international and regional standards, and evaluates their effectiveness in safeguarding children and supporting family welfare. The study adopts a doctrinal legal research approach based on the analysis of primary sources, including the Somali Provisional Constitution (2012), the Family Law of 1975, the Labour Code of 2025, the Juvenile Justice Law of 2025, and relevant international and regional instruments, supported by secondary literature. The findings indicate that Somalia has developed a multi-layered legal and institutional framework incorporating constitutional, statutory, and international elements. However, inconsistencies in legal definitions, particularly regarding the age of a child, and the coexistence of multiple legal systems create challenges in interpretation and enforcement. Accordingly, the study recommends the harmonization of domestic laws to establish a uniform definition of a child, strengthening institutional capacity and enforcement mechanisms, improving coordination between legal systems, and enhancing the implementation of international obligations to better protect children and families.