17. While the article subject matter of opinion made the (reprimand) penalty more severe shall the (warning) penalty and this contradicts with the principle represented in the necessity of grading in the disciplinary penalties in terms of severity. In addition, it is difficult to implement and prove the penalty of (reprimand) because it is wide and undetermined. 18. The NIHR finds that it is preferred in agreement with the approach applicable in the Bahraini Legal System, especially in field of the disciplinary accountability, to replace both penalties of (warning) and (reprimand) with (oral warning) and (written warning) mentioned in the above article, with reformulation of the article entirely taking into account the above mentioned considerations. Third: Draft Law on Domestic Workers (prepared in light of the draft law submitted by the Council of Representatives) 1. The NIHR referred its consultative opinion on the Draft Law on Domestic Workers (prepared in light of the draft law submitted by the Council of Representatives), which consists of twenty six (26) articles, in addition to the preamble, dealing in total with regulating cases of bringing nonBahraini domestic workers, referring to the most important conditions to be met by households to be granted a permit for domestic workers, the obligations imposed on recruitment agencies, the most important duties and responsibilities of the homeowner and the domestic worker, and the relationship between them, as well as the inclusion of the financial penalties represented in the fines imposed on those who violate its provisions. ‫اﻟﺘﻘﺮﻳﺮ اﻟﺴﻨﻮي اﻟﺜﺎﻟﺚ‬ ‫ﻟﻠﻤﺆﺳﺴﺔ اﻟﻮﻃﻨﻴﺔ ﻟﺤﻘﻮق اﻧﺴﻨﺎم‬ 2. However, according to the ‫ﻣﻤﻠﻜﺔ‬ jurisdiction‫ ـ‬entrusted with, the consultative opinion of the NIHR ‫اﻟﺒﺤﺮﻳﻦ‬ 2015 ‫ﻟﻌﺎم‬ regarding the provisions of the Draft Law was limited to the stipulations deemed related to or effective on human rights and fundamental freedoms, in particular Articles No. (7), (12), (17), and (20). Regarding the other aspects, the NIHR referred has referred its comments – in terms of the formal notes (language and legal register) and subject matter (content) – to the Government Memorandum Opinion, and the Memorandum of the Legislation and Legal Opinion (Fatwa) Commission attached to the draft law. 3. Article (7) of the Draft Law stipulated that:”the homeowner shall fulfill the following conditions: 1. He shall be a Bahraini national, and the Authority may allow a non-Bahraini to employ domestic workers in accordance to the conditions to be set forth by it for such purpose, including the submission of a Bank Guarantee in an amount of five hundred Bahraini Dinars to ensure the rights of the worker. 2. He shall be a householder, a person with disability or an elderly. 3. He shall not be convicted or referred to a court in a case of assaulting a worker; and the homeowner shall submit a written declaration in this regard accompanied by copy of his passport. 4. He shall have the financial capacity to meet his obligations toward the worker.” 35