Second: the Progress Made in the Implementation of the Provisions of the
Convention on the Rights of the Child
1. Definition of the Child: Article (1) of the Convention
1.1.
1.2.
1.3.
1.4.
1.5.
The NIHR values the issuance of Law No. (37) of 2012 promulgating the
Child Law, which, in Article (4) thereof, defines child as any person under
the age of eighteen full calendar years, taking into account the specific laws
governing persons under such age.
The NIHR followed up on the issuance of Law No. (15) of 2015 amending
Article (1) of Decree-Law No. (17) of 1976 regarding Juveniles, which
defines the juvenile to be any individual who has completed seven years of
age and is under the age of fifteen full calendar years at the time of
committing the crime or when found in a risk delinquency situation.
The NIHR asserts the importance of Law No. (19) of 2017 promulgating
Family Law, as it includes provisions concerning establishing filiation,
custody, alimony, etc., all of which are aimed at achieving the best interest
of the child and preserving his/her rights.
The NIHR agrees with paragraphs (38 to 41) of the National Report of the
Kingdom of Bahrain on the Kingdom's commitment to advance
progressively in ending child marriage, make intensive efforts to raise
awareness of the consequences of child marriage, and act to prevent child
marriage, such as the decision No. (1) of 2016 of the Minister of Justice and
Islamic Affairs on the list of marriage officials (Ma’athoun Shari) and the
provisions for the documentation of personal status papers; and the
provisions of Law No. (19) of 2017 promulgating Family Law. This has led to
a decrease in the number of marriages for those under the age of 18 years
in recent years.
Recommendations:
a. The legislative authority needs to raise the age of the juvenile stipulated
in Decree-Law No. (17) of 1976 on Juveniles to the age of 18 years in par
with the provisions of the International Convention.
b. Consistent with the legislative policy adopted by the Kingdom of Bahrain
with regard to the progressive realization of raising the age of marriage to
18 years, the NIHR endorses the importance of establishing a time-bound
plan to follow up on this progressive realization of raising the age of
marriage established by the law and to set up conditions and legal
guarantees for it, under judicial supervision.
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NIHR_Bahrain©CRC_parallel report 2018