11. A
rticle no. (23), which stipulates that: “The Minister of Labor and Social Development may, in
the event of the presence of imminent threats to the safety and health of children, and after the
NIHR comments of approval, close down the nursery temporarily until the situation is rectified
within ten working days. The closure decision shall be effective if the reasons for such remain.
It was still reasons. The owner of the nursery may appeal against the decision before the Court
of Urgent Matters within thirty days from the date of notification.” Article No. (38), which states
that: “The State shall be responsible for establishing children libraries in all governorates of
the Kingdom and a decision shall be issued in this regard by the Ministry of Education. It also
establishes children clubs taking into account the needs of children with disabilities affiliated
with the Ministry of Human Rights and Social Development; a decision by the Minister of
Labor and Social Development shall be issued on establishing and organizing such clubs,
in coordination with the NIHR and other stakeholders.”
12. A
rticle No. (43), which stipulates that: “A center at the Ministry of Labor and Social Development
shall be established, called the “Child Protection Center “, which includes in its organizational
structure branch offices of the Ministries of Justice, Interior, Health, Education, Foreign Affairs,
and the NIHR.”
13. Article No. (56), which stipulates that: “If the child is in urgent need of protection, or is likely
leaving the Country, the Public Prosecution may, at the request of the Director of the Center,
issue an interim order to transfer child care outside of the family, provided the case is presented
before the competent court on the first business day to make a decision or to identify the person
or entity having the obligation to supervise the child or to take care of him, temporarily or
permanently, and the amount of expenses and the person in charge of such. The Ministry of
Labor and Social Development, in coordination with the NIHR, shall undertake allocating a safe
place for taking care of the child outside his family, temporarily or permanently, for the reason
that the child is subjected to ill-treatment and abuse by his parents or by the person in-charge of
nurturing him.”
14. T
he NIHR considers that its mandate stipulated in article No. (12) of 2014 of the law establishing it
and its amendments, is on the whole more precise and detailed than is prescribed in the provisions
of the articles contained in the proposed law under consideration. Therefore, the powers to be given
to the NIHR are in fact realized on the ground without the need to amend the Child Law, which
was issued recently. In addition, some of the jurisdictions contained in the proposed law are under
the mandate of the competent government agency; therefore, the role of the NIHR follows later
represented in supervision and monitoring of its work.
15. A
s for article No. (22), which stipulates that: “The Minister of Justice, Islamic Affairs and
Endowments (Awqaf) shall, in agreement with the Minister of Labor and Social Development,
issue a decision to empower some of the employees of the competent bodies referred to in article
No. (21) of this Law the status of law enforcement officers.”
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