that the mark is reckoned for this examination from (100) marks, given that they are not regular students in the schools. 33. While the National Institution monitored and received (11) requests for legal intervention and assistance in a case that was of public interest concerning the inability of the parents whose children are born from the first of September until the end of 2011 to register their children and their enrolment in schools during the year, such after the Ministry of Education adopted a decision to transfer them to the coming year, while justifying this decision on grounds that they did not complete the sixth year as is registered in the original certificate of birth, which is the legal age for compulsory education which is referred to in Article (6) of Law No. (27) of 2005 concerning education, where it provides that, “Elementary education is an entitlement for children who reach the age of six years at the start of the academic year, and the Kingdom is committed to providing it to them, and the parents or guardians must comply with it, such across nine academic years at least, and the Minister shall issue the necessary decisions to regulate and implement the compulsory education regarding the parents and guardians..”. This produced widespread criticism from the parents. 34. Consequently, the National Institution investigated the extent of the compatibility of this decision with the international commitments and obligations of the Kingdom of Bahrain, whereby it became evident that the procedures of the Ministry of Education are not inconsistent with any of the international conventions and instruments and are not considered discriminatory, and indeed if it is considered as discriminatory then it would constitute positive discrimination which falls within the scope of the child’s right to receive good education and such to provide education to the new students in the best possible manner, whereby admitting all who are born in the mentioned period will place a burden on the Ministry and educational institutions beyond their absorptive capacity in schools and classrooms which might impinge on the right of the child to receiving a good education. 35. Moreover, the National Institution followed the statements of the Minister of Education concerning warning the parent of the student who is absent from school for a period of 10 continuous or separate days, such through a registered letter indicating receipt to inform the Ministry of the reasons for the absence of the student from school, and in case the Ministry is not accepting of the reasons for the absence of the student or the lack of response of the parent to the warning, a report is prepared accompanied by documents addressed to the Minister of Education for purposes of taking a decision to refer the violation to the Prosecutor-General to bring legal action, in compliance of the provisions of Article Eighth of Law No. (27) of 2005 concerning education which provides that “a fine shall be imposed not in excess of one hundred BH on the father or guardian of a child in case he causes the absence of the child who reached compulsory age to attend school, or fails to show presence at the school for ten continuous or discontinuous days during the academic year, and no lawsuit shall be brought in the two case except upon the request of the Ministry, upon warning the person in brief by registered mail against a receipt.” 36. It became evident that the provisions occurring in the previous Article were compatible with international instruments and conventions, and particularly the Universal Declaration of Human 99

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