and consider this reporting a mitigating excuse or exemption of penalty. Also,
the addition of the new article in the proposed draft law does not result in any
violation or infringement of human rights and basic freedoms, in accordance
with the provisions of the Constitution, conventions, international and regional
treaties relevant to human rights.
Sixth: Proposed amendment of Paragraph (A) of Article No. (8) of the
Constitution of the Kingdom of Bahrain
1. The NIHR expressed its advisory opinion regarding the proposal to amend
Paragraph (A) of Article (8) of the Constitution of the Kingdom of Bahrain,
which consists of two articles, in addition to the preamble, where the first
article included replacing the text of Paragraph (A) of Article No. (8) of the
Constitution of the Kingdom of Bahrain that establishes the right of every
citizen to free health care, and the second is an executive article.
2. The text of Paragraph (A) of Article No. (8) in the proposal reads as follows:
“Every citizen has the right to free health care. The State is concerned
with public health and means of prevention and treatment is guaranteed
through the establishment of various types of hospitals and health
institutions.”
3. The NIHR concluded that it favors retaining the text of Paragraph (A) of Article
No. (8) of the Constitution of the Kingdom of Bahrain, given that the current
(effective) text achieves the same goals and objectives as the proposal to
amend the Constitution aims to achieve, in addition to the fact that the current
(effective) text is in compliance with international human rights instruments,
particularly the International Covenant on Economic, Social and Cultural
Rights, to which the Kingdom of Bahrain acceded under Law No. (10) of
2007, and the general comments issued by the Committee on Interpretation
of the relevant provisions of the International Covenant.
Seventh: Proposed law to amend Article (391) of the Code of Criminal
Procedure promulgated by Decree-Law No. (46) of 2002
1. The NIHR expressed its advisory opinion regarding the proposed law to
amend Article No. (391) of the Code of Criminal Procedure promulgated by
Decree-Law No. (46) of 2002, which consists of two articles, in addition to the
preamble, where the first article included replacing the text of Article (391) of
the Code of Criminal Procedure, to increase the cases in which the convict
must be rehabilitated, and the second is an executive article.
2. The text of Article No. (391) of the draft law reads as follows: “In order to
restore rehabilitation:
a. The penalty must be fully served, or official pardon has been
issued, or it has expired with lapse of time.
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