THE Shura Council is set to vote on Sunday on key amendments to the 1976 Penal Code to ensure divorced parents are guaranteed access to their children.
The government-drafted insertion to the law aims to end cases of deliberate denial of visitation rights among separated parents with violators facing up to three years in jail or a fine.
MPs unanimously approved the new rules and they were referred to the Shura Council following an urgent referral, with the GDN previously reporting that the move was backed by the National Institute for Human Rights and the Justice, Islamic Affairs and Endowments Ministry.
However, the Supreme Council for Women (SCW) has expressed concern over the proposal, terming the punishment as ‘harsh’.
“These amendments are within the context of issues that the council is concerned with, as it looks at family stability in general and ensures the implementation of visitation in cases of custody,” said the SCW to the council in writing.
“However, the SCW believes that it is necessary to wait before adding this article to the 1976 Penal Code because it will raise several legal problems related to interpretation.
“Involving family disputes within the scope of crimes and the penal code threatens the family’s fabric and stability and negatively affects the psychological situation of the child who may consider that he is the reason for punishing one of his parents.”
According to the SCW, the proposed amendments will open the door for other possible amendments to the penal code that deal with familial issues – such as punishing husbands who are late in paying alimony or child support.
Meanwhile, Shura Council’s Foreign Affairs, Defence and National Security Committee – which debated the proposal and approved it – stated that the amendments aim to confront the phenomenon of custodian’s intransigence to comply with visitation schedules.
According to statistics provided to the committee by the Justice, Islamic Affairs and Endowments Ministry there has been an increase in reports submitted to security departments and social centres regarding the failure to implement the provisions of visitation and custody in the manner prescribed in judicial decisions.
“These amendments fill a legislative loophole in the penal code which doesn’t punish those who refrain without an excuse from enabling the person entitled to visit the child,” said the committee in a written report.
“This aims to balance out the right to custody and the right to visitation without violating either of them in order to achieve the best interest of the child in custody and care.
“It is necessary to confront the cases of abstention without an acceptable justification and the non-compliance with the implementation of judicial rulings issued in this regard.
“The refusal by the custodian to allow visitation rights have become a phenomenon that requires a criminal confrontation to fill this legislative void.”
Meanwhile, members of the upper chamber of the National Assembly are also set to vote on the 2021 Civil and Commercial Verdict Execution Law and the 2002 Law Regulating Fishing, Exploitation and Protection of Marine Wealth as well as take a final vote on the 2006 Future Generations Fund Set-up Law, which would significantly boost funds for future generations.
reem@gdn.com.bh
&uuid=(email))