recommendations, which it deems appropriate to advance the actuality of
the rights of persons with disabilities in the Kingdom of Bahrain.
General Purpose and Obligations (Articles 1-4)
(1) The constitutional and legal framework for implementing the
Convention:
1.1 Although the rights of persons with disabilities are not explicitly stipulated
in the Constitution of the Kingdom of Bahrain, paragraph (c) of Article No. (5)
guarantees social security for a group of categories, by stating that: “The
state guarantees the achievement of the necessary social security for
citizens in the event of old age, illness, inability to work, orphan hood,
widowhood or unemployment, it also provides them with social
insurance and health care services, and works to protect them from
ignorance, fear and poverty.”
1.2 On the national legislation level, Law No. (74) of 2006 regarding the care,
rehabilitation and employment of the disabled and its amendment’s
guarantee for the category of persons with disabilities their right to care,
rehabilitation and employment, through a number of provisions that included
obligating ministries and concerned parties to provide organized and
continuous services for this category, especially in the medical, social,
educational, cultural, sports, employment, transportation, housing and other
fields. To activate this, the law obligated the concerned ministry - the Ministry
of Labor and Social Development - to establish rehabilitation centers and
institutes, care homes and workshops for people with disabilities, and
shelters for the cases that are in need of them.
1.3 The NIHR contributed to the process of developing and amending Law
No. (74) of 2006 regarding the care, rehabilitation, and employment of people
with disabilities. The NIHR submitted (4) advisory opinions to the Council of
Representatives and the Shura Council regarding the amendment of the Law,
which came as follows:
a) The NIHR submitted its advisory opinion to the Shura Council at the
request of the Council regarding a draft law to amend Article (5) of the
Law, which grants the employee or worker with a degree of disability,
and the employee or worker who takes care of his spouse or one of
his disabled relatives, two hours of paid daily rest, in accordance with
the conditions and controls determined by a decision of the competent
minister. The NIHR concluded that this grant does not contradict the
principle of equality, but rather is a form of positive discrimination that
guarantees the empowerment of people with disabilities to preserve
human dignity.
4