8. W  hereas such penalty is not a sufficient guarantee for the protection of the rights of the person with disabilities against violation; or for the deterrence of the caretaker to do so. In view of the fact that the persons with disabilities need special care and neglecting them requires imposing severe punishment for two reasons. On the one hand, because the person with disability, in some severe cases, cannot speak and complain; and on the other hand, because the person who takes care of the person with disability has a legal obligation, and by negligence, he is not performing his assigned duty to the fullest extent. Thus, the proposed text in the amendment aggravates the penalty, thereby providing a guarantee that is greater than that prescribed in the penal system of the Kingdom of Bahrain, so as to make sure that the person with disability enjoys the right to special care on the one hand; and a strong deterrent restraining the caretaker from being negligent in carrying out his/her duties towards the person with disability, on the other. 9. Accordingly, the NIHR believes that it is important to amend the provision of the second paragraph of article No. (21) to read as follows: “The penalty shall be imprisonment for a period not exceeding ten years and a fine not exceeding five thousand dinars, if the consequence of this negligence caused the death of a disabled person,” based on the above-mentioned rationale. 36