3. With regard to the detailed observations, the NIHR shall limit its views on the provisions of the draft law to the legal texts, which it considers prejudicial to or influencing human rights and fundamental freedoms, in particular Articles (6), (12), (17) and (20). Otherwise, the NIHR refers its comments with regard to the form (legal language and style) and substance (contents) to the statement contained in the memorandum of opinion of the Honorable Government and the memorandum of the Legislative and Legal Opinion Commission attached to the draft law. 4. Article (6) of the draft law stipulates that, “The owner of the household is required to: 1. Be a Bahraini national; the Authority may allow non-Bahrainis to hire domestic workers in accordance with the conditions to be determined for this purpose, including the provision of a bank guarantee of five hundred dinars to secure the rights of the worker. 2. Be a head of a household, a disabled person, or an elderly person. 3. Shall not be convicted, or referred to court, in a case of assaulting a worker; the owner of the household shall provide a written declaration of such with a copy of his/her passport. 4. Shall have the financial capacity to fulfill his/her obligations to the worker.” 5. The NIHR considers that the above article has set forth the conditions that must be met by the owner of the household in order to be able to recruit and employ the worker. Among the conditions, is that the owner of the household must be a Bahraini citizen. However, it allowed a non-Bahraini resident to recruit and employ a worker after obtaining the approval of the Authority and in accordance with the determined conditions, including the provision of a bank guarantee of five hundred dinars to secure the rights of the worker. This requirement is in line with the purpose of the draft law, namely, to guarantee and protect the foreign worker’s rights. However, the requirement, as stated in the text, assumes that the worker’s rights are violated exclusively by the non-Bahraini employer and not by the Bahraini one, while the violation is possible and can happen in all cases, which requires applying such requirement (providing a bank guarantee) to the applicant without regard to his/her nationality. 6. The aforementioned article has stated, as a condition, in paragraph (3), that the owner of the household shall not be convicted, or referred to court, in a case of assault on a worker; and that he/she shall provide a written declaration of such with a copy of his/her passport. This condition, although it appears that it provides protection for the worker of any violation that may be inflicted on him/her by the employer; however, the NIHR considers that this condition should be based on a final judgment issued by a competent court against him/her in his/her capacity as the owner of the household in which the worker works, and not merely by referring to the court. Presumption of innocence is an existing inherent right for all and can only be withdrawn by the issuance of the judgment with all its previous requirements. 7. In describing the type of the case, it is noted that the condition stated in paragraph (3) of the above text only describes it as an assault case, without specifying the nature of the assault, for example physical assault, indecent assault, or verbal assault such as swearing or defamation. The latter does not call for rejecting the application. Moreover, merely describing the case as an assault may lead to arbitrariness in rejecting the request by the granting body, which may harm the parties; thus, it necessitates indicating the type of assault specifically. 18