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

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.