Comment on the Ruling of the Supreme Civil Appeals Court (Administrative Division), No. 3332/2019, Issued on 30/9/2019
Dr. Saqer Eid Al Ruwais
Assistant Professor of Administrative Law College of Law – University of Bahrain
This comment is related to the ruling on how the Supreme Civil Appeals court and the lower court repeatedly deal with a basic human right that is the right of social insurance in relation to a particular set of facts. The ruling concludes that a wife working in a commercial company that is owned by her husband is not entitled to a pension for the period during which she had paid contributions to the General Authority for Social Insurance in the Kingdom of Bahrain which reaches up to fifteen years. This is based on the explicit text of the law that does not permit payment of a pension in these circumstances. This strict judicial interpretation has lead to an imbalance between the interests of the parties and the failure to provide protection to the vulnerable party. This comment discusses the details of the judgment and the related legal issues in an attempt to find solutions and alternatives for the judiciary. This is dealt with in light of established principles and laws in order to avoid the negative effect of this interpretation of the law on concerned parties.
Keywords: Right of social insurance, pension, the General Authority for Social Insurance in the Kingdom of Bahrain protection of the vulnerable party, Social Insurance Law.