Session
National Report
Para 39) As one of the restrictions that may be imposed on civil rights, including the right to citizenship, is the need to protect national security, according to the provisions of the International Covenant on Civil and Political Rights, and as the granting of citizenship includes both a legal dimension and a security dimension owing to the small size of the Kingdom’s territory, the question as to whether Bahraini women should be permitted to pass their nationality to their children has been studied with great interest, in cooperation with the legislature and in discussions that take these two important dimensions into account. The Kingdom endeavours, in this context, to guarantee the rights of children of Bahraini women married to foreigners by adopting measures aimed at safeguarding the children’s right to benefit from educational and health services and a range of established government services, in accordance with Act No. 35 of 2009, and it seeks to ensure that the children are treated in the same manner as Bahraini children. These measures have proved highly beneficial for children of Bahraini women and have reduced the number of problems pertaining to nonenjoyment of Bahraini citizenship.
Para 40) The Kingdom of Bahrain has reviewed relevant legislation with a view to ensuring complete stability for Bahraini women and their children. One of the foremost examples of this action was the adoption of Decree No. 24 of 2022 concerning the granting of an entry visa and a family residence permit to first-degree relatives of Bahrainis, wives of Bahrainis and foreign husbands of Bahraini women, facilitating the granting of entry visas for a lengthy period to children of non-residents when they wish to visit the Kingdom, and facilitating the procedures for issuing children with travel documents for specific periods in special cases, for instance when they travel abroad for studies or treatment.
Para 41) A number of laws concerning alimony, care, benefits for people with disabilities and social security treat the children of a Bahraini women married to a foreigner as Bahrainis.
Para 45) Act No. 19 of 2017 on the Family Code contains comprehensive provisions governing family relations and replaces the 2009 Family Provisions Act. The provisions standardize the legal status of the Bahraini family, facilitate legal action, and eliminate the disparities discernible in judgments handed down in similar lawsuits.
Para 46) The Code, which comprises 141 articles based on the Islamic sharia, regulates family life and includes clear articles on the rights and duties of both parties with respect to alimony, custody, guardianship, proof of parentage, dissolution of marriage, divorce cases and other issues. It also includes clear provisions that permit divorce on grounds of harm of any kind and the dissolution of marriage by means of khul’ or annulment of the marriage contract.
Para 47) The Kingdom of Bahrain, through its enactment of the Code, has joined the group of countries that regulate personal status in the family environment by means of laws that provide comprehensive legal protection, specify the rights and duties of all parties, and ensure that judicial rulings are based on justice and equity and on protection of the interests of all family members.
Para 48) A separate building has been reserved for sharia courts, in which proceedings have been conducted since 2017. The aim is to guarantee an appropriate judicial environment for Bahraini families, bearing in mind the privacy of family proceedings. The building combines all the services required by women under a single roof, in particular the Family Reconciliation Office, the Alimony Fund, courts with jurisdiction to consider family disputes, and the Enforcement Court. This constitutes a qualitative step forward in the development of the judiciary’s work in Bahrain. A number of laws and decrees have been promulgated concerning appeals against judgments handed down by sharia courts and the organization of mediation regarding sharia issues.
Para 58) The Kingdom underscores that its legislation contains no provisions that discriminate against women, and that the achievement of gender balance and the prohibition of gender-based discrimination in all areas constitute core provisions of the Constitution of the Kingdom of Bahrain for both men and women.
Para 59) With regard to protection and accountability mechanisms, the following are some of the pivotal measures taken with a view to ensuring the full protection of women and their families in various circumstances: • The adoption of Act No. 19 of 2017 promulgating the Family Code, which constituted a quantum leap in the judicial system in terms of family affairs;
Para 92) In light of the fact that domestic workers account for a large proportion of the total migrant workforce in the Kingdom, and given their right to protection from all forms of exploitation, a number of measures have been taken to address their specific requirements, including those set out below: • The Bahraini legislature amended the Private Sector Labour Code in 2018 with a view to prohibiting discrimination against employees on grounds of gender, origin, language, religion or creed. The Code thus guarantees fair and ethical employment, including decent employment for migrant workers. • The legislature adopted another amendment to the Code that prescribes penalties for sexual harassment of an employee in the workplace by gestures, speech, acts or by any other means, and prescribes a harsher penalty if the offender is the employer or his representative.
State under Review
National Report
Stakeholder Summary
Para 11) HRW and NIHR noted that in 2018, Bahrain amended its labor law to ban discrimination based on sex, origin, language or creed, and sexual harassment in the workplace. NIHR commended that 2021 Decree-Law No. (16) includes the addition of explicit text that states: “It is prohibited to discriminate in wages between men and women workers for work of equal value”.
Para 34) JS3 and JS12 noted that despite the guarantee of equality in Article 18 of the Constitution, the Family Law provides for a marital framework based on complementary rights, not equal rights, between the two spouses whereby in return for maintenance and protection from her husband, a wife is expected to obey him and care for the household. JS4 noted that despite amending the Family Law in 2017, it still discriminates against women’s right to marry someone of choice, to divorce or even extend citizenship to her child.143 JS1, JS3, UNDUPRC and JS4 noted that under this law the man’s right to divorce is absolute and effective immediately while the woman's right to divorce is limited.
Para 35) ECLJ noted that the use of Sharia law is extremely problematic and inherently discriminatory against non-Muslims especially in family matters. ECLJ stated that sharia law is discriminatory towards women as Muslim men are freely allowed to marry non-Muslim women, so long as the women belong to a monotheist religion, whereas Muslim women are expressly prohibited from marrying non-Muslim men.
Para 36) JS1 noted that female domestic workers are exposed to practices that are considered indicators of forced labor, such as non-payment of salary, withholding of personal documents, excessive overtime, isolation and physical and psychological violence.
Para 43) GECHR noted the achievement of Bahrain in areas of women rights.
Para 45) Several submission noted that marital rape is not criminalized. Several submissions noted that the penal code exempts perpetrators of rape from prosecution if they marry their victims. … HRW, JS12 and JS3 noted that adultery and sexual relations outside of wedlock are criminalized by Article 316 of the Penal Code … HRW, UNDUPRC and JS3 noted that Article 334 states that penalties can be reduced for perpetrators of honor crimes including honor killings.
Para 48) JS3 and UNDUPRC noted that the role of women in the labor sector is restricted under articles 59, 60 et 62. … MAAT noted positive steps to empower women in the labour market …
Para 57) Several submissions noted that Bahrain’s Citizenship Law of 1963 prohibits the passage of citizenship from women to her child.
Stakeholder Summary
UN Compilation
UN Compilation
Para 16) CESCR noted with concern the existence of discriminatory legal provisions such as those on nationality and inheritance, entrenched patriarchal attitudes and the stereotyped image of women as mothers and wives only.
Para 38) CESCR noted with concern the personal status laws relating to marriage, age of marriage, divorce, child custody, guardianship and inheritance, …
Para 52) CRC remained concerned about persistent gender stereotypes regarding certain areas of education.
Para 60) The HR Committee was concerned about the persistence of patriarchal stereotypes about the role of women and men in the family and society. … The same Committee and OHCHR were concerned that women did not enjoy equal rights with men.
Para 73) OHCHR noted that Bahrain had not implemented the supported recommendations to consider adopting a unified personal status law and to amend its legislation to grant women the right to transmit their nationality to their children when married to foreigners. The HR Committee and OHCHR were concerned that women, who could not confer their nationality on their children without a royal decision, did not enjoy equal rights with men in that regard.