The following is a guest post by Muneera Al-Khalifa, a legal research fellow working with Foreign Law Specialist George Sadek at the Global Legal Research Directorate of the Law Library of Congress. This post is part of our Frequently Asked Legal Questions (FALQs) series.
In September 2024, Bahrain’s Supreme Council for Women (“SCW”), in partnership with the Bahrain Medical Society, organized an awareness program focused on anti-domestic violence law in the Kingdom of Bahrain. The Kingdom of Bahrain has taken significant steps in combating domestic violence through the enactment of Law No. (17) of 2015 (anti-domestic violence law). This blog post highlights the role of the anti-domestic violence law.
1. What is the aim of Law No. 17 of 2015?
Law No. (17) of 2015, on the Protection Against Domestic Violence, was enacted to safeguard individuals from domestic abuse and to establish mechanisms for prevention and support, including the establishment of the Family Guidance Department within the Ministry of Social Development (“MoSD”). (Art. 2.)
2. How does the law define violence?
Law No. (17) of 2015 defines domestic violence as any act of abuse that occurs within a family by one of its members, the “aggressor,” against another, the “victim.” Domestic violence crimes, as defined by the Law, include physical abuse, psychological abuse (including defamation and insult), sexual abuse, and financial abuse. (Art. 1.)
The term “family members” are defined in article 1 as “the husband and wife under Sharia’a-based or a legal marriage contract, and their children and grandchildren; the children of one of the spouses from another Sharia’a-based or legal marriage; the father and mother of either spouse; the brothers and sisters of either spouse; the person covered by the custody of a surrogate family.”
3. What are the responsibilities of the Family Guidance Department?
The MoSD, through its Family Guidance Department, collaborates with relevant institutions to deliver a range of services aimed at reducing domestic violence, including:
- Raising Awareness: Educating the public about the risks and effects of domestic violence, as well as offering targeted, specialized training programs on domestic violence for personnel enforcing this law, including judges and public prosecutors.
- Sheltering Victims: Providing adequate shelters to accommodate victims of domestic violence, whether Bahraini nationals or foreigners, to ensure their safety and well-being.
- Counseling and Rehabilitation Services: Delivering comprehensive services, including family guidance, treatment, psychological counseling, social support, health counseling, and rehabilitation services for both the victim and the aggressor.
- Continuous Monitoring and Follow-up: The Family Guidance Department monitors, assesses, and follows up on cases of domestic violence in collaboration with relevant authorities, ensuring effective oversight and intervention.
- Legal Assistance: Providing legal aid to victims as needed, including representation and support in criminal cases related to domestic violence. A dedicated representative attends court sessions to ensure proper follow-up and advocacy on behalf of the victim. (Art. 7(5), (6).)
4. How are protection orders issued?
Protection orders may be issued by the Public Prosecution either on its own initiative or upon the victim’s request. Initially, a protection order is enforceable for a period not exceeding one month. However, it may be renewed by an order from the Lower Criminal Court, provided that the total duration does not exceed three months. (Art. 15.)
5. Who is legally obligated to report domestic violence incidents?
Individuals who become aware of a domestic violence incident through their work, particularly those in the medical or educational professions, are legally required to report such cases to the Public Prosecution or police stations. (Art. 8.) When police stations receive reports of domestic violence, they are obligated to transfer the victim to the nearest hospital or health center for treatment, if necessary. Additionally, upon an order issued by the Public Prosecution, victims of domestic violence—particularly children—must be transferred to one of MoSD’s shelters. (Art. 12.)
6. How are complaints and reports about domestic violence cases received?
Reports and complaints are received by the Public Prosecution and police stations, which then undertake all necessary legal procedures. Law No. (17) of 2015 mandates the creation of a confidential hotline for direct reporting, ensuring timely intervention and support. Therefore, the government has dedicated multiple centers to assist women who feel unsafe and require help, including the Supreme Council for Women’s Support Center, the Ministry of Justice’s Family Reconciliation Office, and MoSD’s Family Counseling Center—Dar Al-Aman, as well as the National Institution for Human Rights hotline. (Art. 7(10).)
7. What are the penalties under this Law?
Anyone who violates a protection order may face imprisonment for up to one month, a fine of up to BHD 100 (approx. USD$266), or both. If the violation involves violence, the penalty may be increased to imprisonment for up to three months, a fine of up to BHD 200 (approx. USD$532), or both, unless a more severe penalty is prescribed under the Penal Code or any other applicable law. (Arts. 16, 17.) Additionally, establishing a family guidance center or office without a proper license, or continuing operations after the license has been revoked or temporarily suspended, is punishable by imprisonment for a period not exceeding three years, a fine of not less than BHD 200 (approx. USD$532), or both. (Art. 18.)
8. Additional Law Library Resources on Bahrain
If you have a question regarding Bahrani law, you can also submit it using the Ask a Librarian form on our website.
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