2. H
owever, according to its mandate, the advisory opinion of the NIHR was limited to the legal texts
deemed to relate or have an impact on the basic human rights and freedoms.
3. Pertaining to article No. (11), which stipulates that: “A National Commission for Childhood shall
be formed by a decision of the Council of Ministers headed by the Minister of Labor and Social
Development; its membership consists of representatives from the Ministry of Labor and Social
Development, the Ministry of Interior, the National Institution for Human Rights, the Ministry
of Education, The Supreme Council for women, the Public Prosecution, General prosecutor’s
Office, the Ministry of Information, the Ministry of Health, the Ministry of Justice, Islamic
Affairs and Awqaf, the Ministry of Foreign Affairs, the University of Bahrain, the Ministry of
Youth and Sports, and two members from civil society organizations specialized in childhood;”
and article No. (12), which includes the jurisdiction of the National Commission for Childhood;
and article No. (51), which stipulates that: “The Child Protection Center shall have a board of
directors and shall be formed every three years by a decision of the Minister of Labor and
Social Development; it includes representatives from the Ministries of Justice, Islamic Affairs,
and Awqaf, Interior, Health, Education, Labor and Social Development, and the Ministry of
Information, the National Institution for Human Rights, the Supreme Council for women, and
two members representing the civil society organizations.”
4. T
he NIHR agrees on the significance of its involvement in specific categories of human rights
national committees, or centers for the protection of a certain human right, as this membership
brings forth participatory work between the NIHR and the concerned governmental agencies and
civil society organizations; and positively influences the strengthening and protection of human
rights of the said category in the state system. Nevertheless, it is necessary, in all cases, to understand
that it is the duty of the NIHR in the exercise of its membership in the national committees or the
specialized centers, to be consistent with its mandate stipulated in the law establishing the NIHR.
This also extends to its membership of the National Commission for Childhood and the Board of
Directors of the Child Protection Center, both consisting of members from the concerned ministries
and governmental agencies, as well as the relevant civil society organizations.
5. With respect to article No. (18), which states that: “Every appropriate place designated for the
care of children who have not attained the age of three is a nursery. Nurseries are licensed
by the Ministry of Labor and Social Development. The Ministry monitors and supervises the
nurseries, and the NIHR conducts regular supervisory visits to these places. The Minister of
Labor and Social Development issues the pertaining rules and decisions,” and article No. (19),
which includes the goals and objectives to be attained by nurseries.
6. The NIHR agrees in principle that a nursery is a place dedicated to care for children who are under
the age of three, as stated in the text of the proposed law, rather than the age of four as stated in
the original law. However, in this regard, it is necessary to refer to the competent governmental
body having the original jurisdiction to be familiar with its views about this issue. Furthermore, the
NIHR considers that to be entitled to conduct periodic control over nurseries is in fact achieved on
the ground and in a broader and more comprehensive way pursuant to paragraphs (d) and (g) of
article No. (12) of the Law establishing the NIHR.
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