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National law and policies on minimum ages – Bahrain

 

According to the CRC, laws and policies must be directed to the best interest of the child. This is especially so in provisions that aim to safeguard the child against exploitation or an early end to childhood, i.e. in the instances where children are most vulnerable and at risk. Yet such safeguards are often ignored and different areas of legislation found to clash with each other. What happens if the age for the end of compulsory education is 14 but the minimum age of employment is 12? Or vice versa? What if a girl can be married before school leaving age - will she then return to school? And who ensures schooling in prisons, when in reality education should protect children from incarceration?

 

 

 

 

With 192 parties to it, the Convention on the Rights of the Child (CRC) is the most widely ratified UN treaty. Each State Party must submit periodic reports to the Committee on the Rights of the Child, which uses this process to monitor State compliance with the treaty. The vast majority of the information on minimum ages presented on these pages is taken directly from such reports (occasionally, if these failed to include relevant information concerning minimum ages, other components of the reporting process - such as the Committee’s Concluding Observations - were consulted). States Parties’ reports constitute self-assessment by governments and are therefore authoritative sources, emanating directly from those empowered to make decisions. Using this type of sources also permits a range of actors to hold governments accountable for the standards which they report under the CRC. The sections of these reports have been reproduced faithfully, and readers are encouraged to make use of the full original text, available here.

 

Individual country reports are often written by diverse parts of the government, and frequently run to more than 100 pages. Moreover, within some states’ legal systems there are various recognised sources of law, which frequently generate conflicting minimum ages. Distilling precise numbers out of such documents is therefore a precarious task. While we would encourage cross-country comparison, we would also stress the danger that those countries with a more honest engagement with the reporting process might come off worse when compared with those which would mis-represent the degree of compliance, whether wilfully or not. For a full explanation of the principles that guided us in our analysis, please visit the introductory pages here.

Source: Initial report: CRC/C/11/Add.24, 23 July 2001

 
Minimum age for the end of compulsory education
70. In the State of Bahrain, the stage of basic education ends when the child obtains the General Certificate of Preparatory Education, i.e. on reaching the age of 15.
253. Article 7 of the Constitution of the State of Bahrain stipulates that education shall be compulsory and free of charge in the initial stages specified by law and in the manner provided for therein. […] although compulsory education is not regulated by law […]
273. In keeping with this education policy, the Ministry of Education has intensified its endeavours to develop its education system by: […] Endeavouring to secure the promulgation of the laws and legislation needed to enforce compulsory basic education […]
 
Minimum age for admission to employment
67. Article 50 of the Private Sector Employment Act of 1976 prohibits the employment of persons of either sex who are under 14 years of age. […]
322. The employment of juveniles is dealt with in section VIII of the Private Sector Employment Act of 1976, which prohibits the employment of young persons of either sex who are under 14 years of age. The Act makes the employment of young persons conditional on the fulfilment of a number of requirements. For example, they must obtain authorization from the Ministry of Labour and Social Affairs, they must undergo a medical examination prior to their entry into service and at periodic intervals thereafter and they must not be employed in industries or occupations that are hazardous or detrimental to their health.
 
Minimum age for marriage
Information unavailable
 
Minimum age for criminal responsibility
62. […] With regard to impediments to criminal responsibility, article 32 of the Bahraini Penal Code of 1976 stipulates that a person under 15 years of age cannot be held responsible for the commission of an act constituting an offence, being liable solely to the measures provided for in the Juveniles Act. Article 101 of the Penal Code further stipulates that the provisions concerning permissibility, causation and impediments to responsibility, as contained in chapter II concerning criminal responsibility, also apply to minor infractions of the law.
 
Source: Initial report: CRC/C/11/Add.24, 23 July 2001