A new government-drafted legislation aims to enhance Bahrain’s juvenile justice system and ensure children’s rights are safeguarded through a balanced approach that prioritises rehabilitation over punishment.
Amendments to the 2021 Juveniles’ Justice and Protection Law are set to be debated and voted on during the Parliament session on Tuesday.
The Cabinet stated that the proposed changes prioritise support over punishment, ensuring that young offenders are given opportunities to reform rather than face punitive measures that hinder their reintegration into society.
“By expanding judicial discretion, increasing government oversight, and enhancing rehabilitation programmes, the new amendments reaffirm Bahrain’s dedication to protecting children’s rights while maintaining public safety,” the Cabinet said.
The draft law mandates the Child Protection Centre (CPC) to actively participate in preparing judicial assessments for children, ensuring evaluations are thorough and tailored to each child’s circumstances.
Additional measures will be introduced for dealing with children in conflict with the law. The Interior Ministry’s relevant department will be authorised to monitor children’s cases and request modifications or termination of measures at any time, without being bound by a fixed period.
Courts will be allowed to impose rehabilitative measures instead of traditional penalties when mitigating circumstances exist in felony cases. Judges will monitor children’s progress throughout their sentences, ensuring the measures achieve their intended rehabilitative goals.
The CPC will be empowered to support and monitor the implementation of measures, ensuring interventions are effective and aligned with the child’s best interests.
The Social Development, and Justice, Islamic Affairs and Endowments, and Interior Ministries said the changes would enhance the efficiency of the juvenile justice system and strengthen government oversight.
The Supreme Judicial Council raised no objections, confirming that the amendments fall within the legislative authority’s discretion.
The National Institution for Human Rights stated that the amendments represent a significant improvement in juvenile justice and child protection without violating international human rights standards.
The Bahrain Bar Association backed the move in entirety.
Parliament’s foreign affairs, defence and national security committee chairman MP Hassan Bukhammas stressed the significance of the proposed changes.
“By expanding the role of the Child Protection Centre and introducing more flexible measures, we ensure that young offenders receive the support they need to rehabilitate and reintegrate into society,” he said.
“This is in line with Bahrain’s commitment to international best practices and child rights protections.”
The amended articles under the Law include:
Judicial probation for children:
The Restorative Justice Court for Children or the Juvenile Judicial Committee may place a child under judicial probation in their natural environment.
Probation will be co-ordinated with the Child Protection Centre or the Interior Ministry’s relevant department.
The probation period shall not exceed three years and will be subject to court-imposed conditions.
Restricted movement and digital access:
Courts may restrict a child’s movement within a specific geographical area.
It may also prevent a child from accessing specific websites or digital platforms, but only for a duration ranging from two to 12 hours per day.
Restrictions must not interfere with the child’s religious practices, education, or professional duties.
Home confinement:
Courts may order a child to remain at home under the supervision of a guardian or responsible adult. The guardian must report compliance to the court at designated intervals.
Oversight and monitoring:
The Child Protection Centre and the Interior Ministry will collaborate to monitor children subjected to rehabilitative measures, ensuring compliance and effectiveness.
Institutions housing children (such as juvenile facilities, hospitals, and social care centres) must co-operate with authorities and report significant changes in a child’s condition.
Sentence reduction for minors (ages 15-18):
If a minor commits a crime punishable by death, the penalty shall be reduced to temporary imprisonment or at least one year of detention.
If a minor commits a crime punishable by life or temporary imprisonment, the penalty shall be reduced.
If a minor commits a misdemeanour with a mandatory minimum sentence, judges will have discretion to impose a lesser sentence or alternative penalty.
Courts may replace detention with rehabilitation-focused measures, as listed under this law.
Judges will review progress reports every six months and may adjust or terminate the imposed penalty, if deemed appropriate.
The Supreme Council for Women noted that preventing children from accessing certain online content may cause legal ambiguities and challenges in enforcement.
Meanwhile, MPs are set to debate and vote on government-drafted amendments, based on a Parliament proposal, to the 2013 Property Registration Law. It aims to grant a one-time fee waiver for nationals registering or transferring ownership of property.
The government has asked for a rethink stating that this would significantly harm government revenues.
The Survey and Land Registration Bureau pointed out that the waiver would lead to a drop in its revenues.
It also added that waivers are given as exceptions following review and assessment of particular cases.
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