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
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