Shura Council to discuss new law aimed at cracking down on unlicensed nurseries

Daily Tribune

21-03-2025

Penalties for unlicensed nurseries could be tightened as the Shura Council is set to debate a tougher law on Sunday.
The move aims to close gaps in the existing rules, which do not clearly distinguish between those with and without the necessary paperwork, yet still impose penalties.
The amendment was put forward by Dr Fatima Al Kooheji, Dr Mohammed Ali Hassan, Dr Abdulaziz Abul, Dr Ebtesam Al Dallal, and Lina Qassim.
After a review by the Women and Child Affairs Committee, it was judged fit for discussion. Legal advisers were consulted, and the talks centred on tightening the wording to ensure that penalties are enforced fairly and in line with constitutional principles.
Distinction
At present, Article 63 of the Child Law punishes anyone who sets up, runs, moves, or alters a nursery, making no distinction between those who have the right paperwork and those who do not.
The amendment seeks to fix this by stating outright that penalties only apply to those who operate without a licence or fail to secure ministerial approval for changes.
A look at the legal text shows that while the current law requires a licence to set up a nursery, it does not clearly state that moving, expanding, or altering one needs formal approval.
Breach
The amendment spells this out, closing a grey area in the law and ensuring that penalties under Article 63 apply only where there has been a clear breach.
It also lays out the circumstances under which a nursery may be ordered to shut, providing certainty on when such action can be taken.
Members of the Women and Child Affairs Committee found that the current wording leaves too much room for interpretation, particularly in criminal cases where precision is key.
Penalties
Past rulings from Bahrain's Constitutional Court have stressed that laws imposing penalties must be written in plain and exact terms to prevent confusion.
The court has made it clear that any rule limiting personal freedoms must be legally sound and leave no doubt about what is and is not allowed.
The amendment also proposes a change in wording throughout the law, replacing 'the disabled' with 'persons with disabilities'.