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Zawya
25-03-2025
- Politics
- Zawya
Bahrain: Child Law amendments approved
Bahrain - The Shura Council has unanimously approved amendments to the 2012 Child Law to ensure compliance with licensing protocols, improving oversight and align national laws with international child welfare and disability rights standards. The proposal to introduce stricter licensing requirements and clearer penalties for violations related to the establishment and management of childcare facilities was introduced by five members, led by Dr Fatima Al Kooheji. It will be now drafted into a proper legislation by the government and returned to the National Assembly within six months. A key amendment to Article 20 of the law stipulates that no nursery may be established without obtaining a licence from the Education Ministry. Furthermore, no nursery may be operated, relocated or have its specifications altered without the ministry's approval. This provision is designed to prevent unauthorised establishments from operating without proper oversight and ensures that all childcare facilities adhere to government regulations. Additionally, an amendment to Article 63 explicitly defines penalties for operating unlicensed nurseries or making modifications without official approval. 'Anyone who establishes a nursery without a licence will face imprisonment and a fine ranging from BD200 to BD1,000, or one of these two penalties,' it says. 'Anyone who operates a nursery or makes changes to its location or specifications without approval from the Education Ministry will be subject to the same penalties.' Woman and child committee chairwoman Leena Qassim said that the proposed amendments address legislative gaps in the existing law to deter unregulated operations, ensuring that nurseries meet safety and educational standards set by authorities. Committee vice-chairwoman and rapporteur Ejlal Bubshait said the proposal clarified the obligations outlined in Article 20 of the law, violations of which are subject to criminal penalties under Article 63. She also stressed that the amendments distinguished between actions that required a licence and those that only required approval. Dr Al Kooheji said the proposed amendments are expected to enhance the regulatory framework governing nurseries and kindergartens in Bahrain, ensuring that only licensed institutions operate while penalising unauthorised activities. 'The new law will significantly strengthen oversight and enforcement mechanisms, improving the safety and quality of childcare services across the kingdom.' Education Ministry Under-Secretary Nawal Al Khater expressed strong support for the amendments. 'Establishing a nursery or kindergarten requires a formal licence from the ministry,' she said. 'Operating such facilities or making modifications, such as expansions, requires prior approval but does not necessitate a separate licence. The revised law correctly distinguishes between licensing for establishment and approval for modifications, ensuring that all regulatory requirements are met.' However, Social Development Minister Osama Al Alawi noted that the ministry could not provide a final stance until the government conducted comprehensive consultations with all relevant authorities. Copyright 2022 Al Hilal Publishing and Marketing Group Provided by SyndiGate Media Inc. (
Daily Tribune
21-03-2025
- Politics
- Daily Tribune
Shura Council to discuss new law aimed at cracking down on unlicensed nurseries
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'.
