spaces, or if they are insufficient or occupied by others. This makes them choose to either return
without meeting their needs, or bear the legal consequences of parking in a manner that violates
traffic rules or signals.
4.
Although the NIHR shares the view of the House of Representatives on the importance of
empowering persons with disability to enjoy all their rights on an equal footing and without any
discrimination, yet, the draft law, in its current version, does not meet the principle of equality
and non-discrimination, which is the cornerstone of international and regional human rights
instruments, including the Convention on the Rights of Persons with Disabilities, which the
Kingdom of Bahrain has ratified under Law No. (22) of 2011, as it discriminates in exemptions from
the prescribed penalties among equal legal statuses.
5. In practice, the text as stated in the draft law requires that persons with disabilities be exempted
from the amount of the agreed conciliation if it is proved that there is no reserved or vacant parking
place for them at the time of issuing the ticket. The NIHR inquires about the mechanism to be used
by the law enforcement officers to prove such case, especially in the case of unavailability of a
vacant parking place at the time of issuing the ticket.
6. If the text contained in the draft law in its current version is applied, the NIHR believes that it could
be a reason to encourage the violation of the law on the pretext of absence of, or vacant, reserved
parking places for persons with disabilities. Therefore, parking in unassigned places might obstruct
road traffic or expose vehicles and pedestrians to risk.
7. In this sense, and in order to achieve the objectives of the draft law, the NIHR calls for further
efforts in implementing the provisions of Article (9) of the Convention on the Rights of Persons
with Disabilities ratified by the Kingdom of Bahrain under Law No. (22) of 2011, that State Parties
should take appropriate measures to ensure to persons with disabilities access, on an equal basis
with others, to the physical environment, to transportation, to information and communications,
including information and communications technologies and systems, and to other facilities and
services open or provided to the public. In addition, the number of parking places allotted for
persons with disabilities must be increased and located close to public service delivery areas.
Fourth: Draft law amending Article (127 bis) of the Code of Criminal Procedure issued by DecreeLaw No. (46) of 2002
1. The NIHR submitted its advisory opinion on the draft law amending Article (127 bis) of the Code of
Criminal Procedure issued by Decree-Law No. (46) of 2002, comprising, in addition to the preamble,
two articles. The first article stipulates replacing the text of Article (127 bis) of the Code of Criminal
Procedure, whereas the second article is executive.
2. The objective of the draft law is to extend the scope of the competent authority to take the necessary
measures to ensure the safety of the persons who are involved in the case and protect them by
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