The Cabinet has approved a draft law submitted by the Shura Council to amend several provisions of the 2012 Child Law aimed at strengthening regulatory oversight of nurseries and aligning national legislation with international disability rights standards.
The amended draft law includes four main articles, each addressing distinct legislative and regulatory gaps in the current law:
1. Clarifying penalties for unlicensed nursery operations:
Article (63) of the law is revised to explicitly criminalise establishing a nursery without a licence, or operating a nursery, or changing its location or specifications without prior approval from the Education Ministry.
Under the proposed law, violators will face imprisonment and/or a fine of not less than BD200 and not more than BD1,000.
2. Reinforcing mandatory licensing:
A new paragraph is added to Article (20), reinforcing the prohibition of establishing or operating nurseries without the necessary licences and approvals. This change closes a legal gap by formally linking licensing requirements to specific penal provisions under Article (63).
3. Updating disability terminology:
The proposed amendments replace outdated phrases such as “people with disabilities” and “person with a disability” with the more current and standardised terms “disabled” and “disabled person” throughout the law.
This aligns Bahrain’s legal language with the UN Convention on the Rights of Persons with Disabilities, ratified by Bahrain under Law No 22 of 2011, and the National Strategy for the Rights of Persons with Disabilities.
This terminology update reflects a rights-based approach and aims to support inclusive legal drafting, consistent with national and international human rights frameworks.
4. Implementation and transitional period:
While Article (4) of the draft law specifies that the amendments will take effect the day after publication in the Official Gazette, the government has proposed a critical addition.
Existing nurseries will be granted a six-month transitional period to comply with the new legal requirements, to ensure continuity of service, avoid disruption and allow sufficient time for facilities to update their operations in line with the law.
The government outlined several reasons for supporting the proposed amendments:
- Enhancing oversight and accountability:
The current legislation lacks clarity in defining violations related to nursery operations. The revised Article (63) remedies this by precisely identifying criminal conduct and assigning appropriate penalties, thereby empowering regulatory bodies to take decisive action against violations.
This is particularly important given past challenges in enforcing compliance due to ambiguities in the law. The amendment is also consistent with Ministerial Resolution No. 11 of 2014, which governs the procedures for transferring or modifying nurseries.
- Closing legislative gaps:
The addition to Article (20) addresses a notable shortcoming in the original law, where certain violations were not explicitly tied to criminal liability.
This amendment ensures the law reflects practical enforcement needs and real-world regulatory requirements.
- Affirming human rights commitments:
The update to disability-related terminology reflects the kingdom’s commitment to inclusive legislation that respects the dignity and rights of disabled persons. It also complements Bahrain’s obligations under international treaties and supports national initiatives to integrate disabled persons into all aspects of society.
- Facilitating smooth implementation:
The six-month grace period proposed for nurseries to comply ensures that children’s access to early education services is not interrupted, nurseries have time to meet new licensing or facility modification requirements, and regulatory bodies can prepare to implement and enforce the new law effectively.
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