Bahrain makes substantial changes concerning the rights of the Elderly
On 21st April, 2026, the Ministry of Social Development (hereinafter referred to as “Ministry”) promulgated Decision No. 17 of 2026 Issuing the Executive Regulations for Law No. 58 of 2009 concerning the rights of the Elderly (hereinafter referred to as “Executive Regulations”). The Executive Regulations replaces the erstwhile executive regulations as promulgated by Decision No. 1 of 2011 and sets out (among other aspects) the following aspects as part of its mandate:
- Licensing
Article 3 of the Executive Regulations requires any natural or legal person establishing an institution responsible for the caring, housing and providing necessary services to the elderly (hereinafter referred to as “Institution”) or a day club providing social and recreational services to the elderly in accordance with the programs and schedules approved by the Social Care Department of the Ministry (hereinafter referred to as “Day Club’) to first obtain a license from the Ministry in a manner compliant with the Executive Regulations.
- Additional Requirements
Further to the above, the Executive Regulations imposes additional requirements for Institutions and Day Clubs to uphold including but not limited to:
- Maintaining administrative and financial bylaws approved by the Social Care Department of the Ministry (“hereinafter referred to as “Department”) and also an independent bank account. (Article 16)
- Institutions or Day Clubs may accept donations, bequests and gifts in accordance with the applicable law and after obtaining authorization from the Department of Support for Civil Organizations at the Ministry. (Article 17)
- The term of the license shall be for a period of two years which is renewable for a similar period, following an application submitted to the Department at least one month prior to the expiration of the license. (Article 18)
- The licensee is required to submit an annual financial report to the Department and as prepared by an approved external auditor. (Article 21)
- Licensees are prohibited from charging any fees for its services without prior written approval and such approval is also required where the licensee wishes to increase such fees. (Article 24)
- Penalty
If the licensee violates any of the licensing terms or conditions as set forth in Law No. 58 of 2009 or the Executive Regulations, Article 28 of the Executive Regulations states that the licensee shall be notified to case and rectify the cause of violation. Furthermore, if the licensee does not comply within ten days from the date of notification, the Minister has the authority to issue a reasoned decision to place the Day Club or Institution under the Ministry’s management or administratively close it, each for a period not exceeding three months, or to cancel the license as may be required.
Notwithstanding the aforementioned, the affected party can appeal this decision before the competent court.
Conclusion:
The Executive Regulations reinforces the necessary protections to the rights of the elderly and brings unique formal structure to entities that act in service of their needs and wants. As such, the Executive Regulations ensures that the elderly continue to live in a dignified and fulfilled manner.
