8. Special Protection Measures: Articles 22, 30, 38, 39, 40, 37 (b-d), 32,
and 36 of the Convention
8.1
8.2
8.3
8.4
8.5
25
The Government has conducted national consultations with public and
private bodies, civil society organizations, and the competent authorities
on the draft law on juveniles (Reformation Justice for Children and
Protection against Abuse). The new law draft adopts the interests of
the child and prioritizes it above all other considerations. It introduces
unconventional measures that take into consideration not to separate the
child from his or her family environment; and, in addition to criminal
accountability, it addresses the protection of the child from abuse.
The NIHR followed up on the session of Council of Ministers on 10 April
2017, during which the draft law on Reformation Justice for children and
Protection against Abuse was considered to replace the current law on
Juveniles. According to the new draft law, courts of reform justice for the
child will be established to be competent to adjudicate in offences, that
criminal courts have jurisdiction over, committed by children between 15
and 18 years of age.
Article (33) of Law No. (18) of 2014 promulgating the Law on Reform and
Rehabilitation Corporation, and Articles (37) and (38) of its Executive
Regulation No. (131) of 2014, provide for special attention to the child
accompanying his/her mother who is imprisoned or detained in custody
at the Reform and Rehabilitation Corporation. The child remains with his
mother in the center, whether he was born in the center or outside it
before the mother was detained, until the child reaches the age of two or
three years. If the child reaches the specified age, or if the mother of the
child does not want to keep the child with her despite not reaching the
specified age, the child is then given to his/her father or to the person
who has custody of him/her legally or under the Shari’a Law. If the child
does not have a sponsor, he/she will be placed in a child care center,
and the mother will be informed of the child’s place of residence and will
be able to see him/her.
The law also indicated that the administration of the center should
facilitate the visit of the child, who is under the age of 12, to see his/her
mother who is imprisoned or remanded in custody, at her request, by
bringing the child to the center once a week. The visitation shall take
place in a private place away from the designated visiting area. The head
of the center, or his/her representative, may authorize the visit to take
place in private. This visit shall not be prevented for any reason
connected to the behavior of the mother inside the center; however, it
may be prevented for reasons of health. If the child is older than 12 years
of age, the mother’s visits are carried out according to the general rules
and regulations of the visit.
Recommendations:
NIHR_Bahrain©CRC_Additional_Information_Nov2018