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_Additional_Information_Nov2018