Submitted by crinadmin on
Summary: A compilation of extracts featuring child-rights issues from the reports submitted to the first Universal Periodic Review. There are extracts from the 'National Report', the 'Compilation of UN Information' and the 'Summary of Stakeholder's Information'. Also included is the final report and the list of accepted and rejected recommendations. Scroll to: National Report 3. Bahraini Constitution and policies, laws and institutions for the promotion and protection of human rights (d) Official bodies and government institutions with competence for human rights Bahrain has created a number of government bodies and ministries with competence for human rights, together with institutions and committees tasked with the protection and promotion of human rights. (e) Non-governmental organizations Annex 5 contains a list of the reports which Bahrain has submitted under the Convention on the Elimination of All Forms of Racial Discrimination, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Discrimination against Women. All the treaty bodies have considered Bahrain’s reports, except for the Committee on the Elimination of All Forms of Discrimination against Women, which has yet to set a date for consideration of Bahrain’s report. The treaty bodies have praised Bahrain for the reforms under way since 2001 and for the size, skills and expertise of the delegations that it has sent to attend the sessions at which the reports have been considered. They have also praised Bahrain for good practice followed in writing the reports and for complying with the reporting guidelines. (c) Bahrain and the special procedures of the Human Rights Council • Requests for clarification concerning children, torture, arbitrary detention and freedom of expression tend to focus on the detention of demonstrators under the age of 18. The response of the competent authorities is to submit a report on the current status of the cases in question. 5. Report on the voluntary pledges made by Bahrain in 2006 when it was elected to the Human Rights Council • A campaign has been conducted on combating trafficking in persons. A draft law has been adopted, and the Special Rapporteur on trafficking in persons, especially in women and children, was received on a visit to Bahrain. 6. The human rights situation on the ground • The need for a comprehensive review of Bahrain’s domestic laws and administrative regulations in order to ensure that they are consistent with the Convention on the Rights of the Child. • Clarification of the duties and responsibilities of the National Committee on Childhood with regard to cooperation with ministries and receiving and dealing with complaints. • Collection and classification of data on the most vulnerable groups of children, including non-nationals, children with disabilities, children of economically disadvantaged households, etc. • Identification of the amount and the proportion of the State budget spent on children in the public and private sectors. • Printing and distribution of the Convention on the Rights of the Child. • Establishment of a minimum age for marriage for males and females; elimination of discrepancies in the minimum age requirements under different laws; and ensuring that these laws are gender neutral. The minimum age for criminal responsibility must be clarified, including in respect of repeat offences such as begging and immoral conduct. • Elimination of the practice whereby vocational courses at the secondary level are confined to one sex. Based on the observations of the Committee on the Rights of the Child, the Kingdom of Bahrain adopted the following measures: • With regard to the establishment of a marrying age for girls, since Bahrain has no law on a minimum marrying age, the Kingdom makes tireless efforts, through an audiovisual and print media policy, to draw attention to the dangers of early marriage for girls and its adverse impact on children’s health. This is in addition to the efforts made by civil society organizations in this regard. In that connection, a ministerial decree was issued by the Minister of Justice and Islamic Affairs on 23 September 2007 regulating the procedures for contracting marriages of girls under 15 years of age. The decree states: “A marriage may not be contracted and shall not be recognized where the bride is under 15 or the groom is under 18 when the contract is concluded, unless there is a compelling need which justifies marriage of persons below these ages, in which case a permit must be obtained from the competent court.” As for criminal responsibility, article 32 of the Criminal Code of 2002 stipulates that “No one under the age of 15 years at the time of the commission of an act which constitutes an offence shall bear criminal responsibility. The matter will be dealt with pursuant to the Juvenile Act.” • With regard to the denial of vocational education to girls, there is no discrimination between girls and boys with regard to participation in vocational education at the secondary school level. Bahrain encourages both sexes to pursue all kinds of vocational education. • The Ministry of Social Development allocated approximately BHD 1.5 million out of its 2007/2008 annual budget for development programmes geared towards children. • With regard to a comprehensive review to ensure consistency between domestic laws, administrative regulations and the Convention on the Rights of the Child, Bahrain, through the legislature, has reviewed this legislation to bring it into line with the Convention. Hence, the period of entitlement to breastfeeding breaks of two hours a day was extended from six months to two years, and the period of maternity leave was increased from 45 to 60 days. A standing committee on women and children was established within the Consultative Council, and the legislature is currently discussing proposed laws on children’s education, the enactment of a children’s law, children’s rights and two draft laws submitted by the Government on the protection of children and amendments to the Juveniles Act. • As for the mandate of the National Committee on Childhood with regard to coordination between competent governmental bodies, guaranteeing the implementation of the Convention on the Rights of the Child, and receiving complaints and grievances about children’s issues and finding appropriate solutions for them, the Committee was restructured pursuant to Decision No. 46 of 2007, which defines the Committee’s duties and responsibilities in regard to children. These duties include: pursuing all kinds of activities and matters relating to childhood; taking action to facilitate the education, social, cultural and psychological development of children of all ages; establishing a national strategy on childhood to help the relevant bodies develop and improve their projects and programmes which serve and promote children’s rights; providing legal protection for children in different areas; liaising between different governmental bodies and civil institutions in order to achieve synergies and avoid overlap of mandates; and making efforts to strengthen ties and relations with all civil organizations involved in dealing with children’s issues in the Kingdom of Bahrain. • With regard to the collection and analysis of data on children, particularly the neediest children, including non-Bahrainis and children with special needs, Bahrain has just established a centre specializing in the protection of children, which is overseen by the Ministry of Social Development. Plans are under way to open up similar centres throughout Bahrain. Seven centres with responsibility for children’s culture and awareness-raising have been set up in five governorates, and the Ministry of Social Development conducts regular visits on a continuous basis to villages and inhabited areas that are far away from towns, in order to monitor the situation of children on the ground in general and of the most vulnerable groups and Bahraini and non-Bahraini children with special needs in particular. • The report that the Kingdom of Bahrain will submit to the Committee on the Rights of the Child will contain additional information on this subject, outlining the measures which Bahrain has taken to provide economic, social and housing services in all parts of Bahrain without distinction. (b) Women (e) Growing realization of economic, social and cultural rights 2. The Committee on the Elimination of Racial Discrimination (CERD), the Committee on the Rights of the Child (CRC) and the Special Rapporteur on Trafficking in persons, especially women and children recommended that Bahrain ratify the ICRMW.25 Further, CERD strongly recommended that the State ratify the ICCPR and the ICESCR26, which occurred in 2006 and 2007 respectively. Bahrain was urged to make the optional declaration under article 14 of the ICERD, to make the declarations under articles 21 and 22 of the CAT, as well as to ratify the OP-CAT.27 9. Information concerning the establishment in 2002 of an Inter-Ministerial Anti-Trafficking Task Force with a mandate inter alia, to develop a national plan of action against trafficking in persons was received with interest by the Special Rapporteur on trafficking in persons, especially women and children.37 11. A 2006 UNDP report informed that Bahrain issued a decree requiring that democracy and human rights be taught in the State’s schools.40 12. Both CAT and CRC welcomed the visit to Bahrain in 2001 by the Working Group on Arbitrary Detention, which was granted unrestricted access to all prisons and police station holding cells, and was able to speak freely and without witnesses to prisoners it selected at random.52 15. Bahrain was called on by CERD to ensure that everyone, without distinction as to race, colour, or national or ethnic origin, enjoys the rights to work and to health and social security, adequate housing and education in accordance with the Convention. 56 CERD expressed concern at the reportedly disparate treatment of, opportunities afforded to, and discrimination faced by, members of some groups, in particular the Shia, when it comes to economic, social and cultural rights.57 CRC was concerned about the disparities in access to social services available in Shia communities in comparison to those in largely Sunni areas and about the enjoyment of rights by the bidoon and by non-national children, particularly children with disabilities. It was recommended that Bahrain (i) continue its efforts to ensure that all children within its jurisdiction enjoy all the rights set out in the Convention without discrimination and (ii) continue to prioritize and target resources and social services for children belonging to the most vulnerable groups. 58 CERD took note of the State’s follow-up report setting out constitutional provisions which ensure that everyone, without distinction based on race, colour, descent, or national or ethnic origin, enjoys the right set out in Art 5 of ICERD, and requested information on concrete steps taken to ensure the implementation of these provisions for all persons in Bahrain.59 CERD welcomed the organization of training programmes for the judiciary and law enforcement officials on the promotion and protection of human rights in the field of racial discrimination.60 17. While CRC noted in 2002 the significant achievements in the status of women in Bahrain, it expressed its concern about: (a) discrimination against females and children born out of wedlock under existing personal status law (e.g. inheritance, custody and guardianship); and (b) certain vocational courses at the secondary level that are restricted to one sex. CRC recommended that Bahrain (a) take effective measures to prevent and eliminate discrimination on grounds of sex and birth in all fields of civil, economic, political, social and cultural life; (b) take all appropriate measures, such as comprehensive public education campaigns, to prevent and combat negative societal attitudes, particularly within the family; and (c) train members of the legal profession, especially the judiciary, to be gender sensitive. Religious leaders should be mobilized to support such efforts.68 21. Also of concern was the fact that a Bahraini woman is unable to transmit her nationality to her child when she is married to a foreign national, and that a foreign man is unable to acquire Bahraini nationality in the same manner as a foreign woman. CERD requested Bahrain, as highlighted also by UNHCR84, to consider modifying these provisions and stressed that States should ensure that particular groups of non-citizens are not discriminated against with regard to access to citizenship or naturalization.85 22. The absence of a defined minimum age for marriage, and inconsistencies in other areas of Bahraini law with respect to minimum ages were addressed by CRC. It recommended that Bahrain: (i) review and amend its legislation so that the minimum-age requirements are gender neutral, are explicit, and are enforced by law; and, in particular; (ii) establish a genderneutral minimum age for marriage.86 29. The 2002 CCA indicated that the Ministry of Health formed a committee which drew up a child protection plan including a detailed timetable to deal with the problem starting in January 1999. The plan incorporates three main areas: remedial action, education and law enforcement and justice. Despite significant constitutional reviews and adherence to conventions, there has been an increase in reported cases of child abuse and rape. The CCA noted that there is a need for a behavioural and attitudinal change as well as for more effective enforcement of laws pertaining to child abuse. The child protection committee offers a good service to children who suffer from abuse, but it lacks the necessary abilities and authority to protect such children.102 32. In 2002, CRC regretted that no information was provided in Bahrain’s report concerning the serious allegations of torture and arbitrary arrest of persons under 18 referred to in other reports. It strongly recommended Bahrain to: (a) investigate effectively all cases of torture and inhuman and degrading treatment or punishment by police officers or other government officials and bring the perpetrators to justice; (b) pay full attention to the victims of these violations and provide them with adequate compensation, recovery and social reintegration; and (c) include in its subsequent reports information concerning the above recommendations.106 38. A 2007 report of the World Health Organisation (WHO) noted comprehensive health services are provided to citizens of Bahrain free of charge through the primary health care system.125 Accessibility and coverage are almost 100%. The expenditure on health however is relatively low compared with other countries with similar income levels. The performance of the health care system has been impressive with very low infant and maternal mortality rates. Obesity is an emerging problem and communicable diseases are largely under control. Available data indicates a low prevalence of HIV, but accurate data was not available.126 41. CERD appreciated the establishment in 2002 for the first time of trade unions as well as of cultural associations of foreigners.133 Bahrain’s efforts towards greater openness and accountability with respect to human rights, and the decision to transfer the public prosecution office from the Ministry of the Interior to the Ministry of Justice were welcomed by the CRC.134 45. In 2002 CRC recommended Bahrain to seek technical assistance from, among others, OHCHR and UNICEF on monitoring structures141 and from UNICEF on data collection.142 CRC also recommended that the State seek assistance from, among others, OHCHR and UNICEF on the administration of juvenile justice143 and training/dissemination of the Convention.144 Further, the Committee recommended that Bahrain seek assistance from, among others, UNICEF on respect for the views of the child145; from UNICEF and the WHO in the areas of adolescent health146 and violence/abuse/neglect/maltreatment147; and from the International Labour Organisation on economic exploitation148. Summary of stakeholders' information 2. Bahrain has no codified personal status laws governing marriage, divorce, child custody, and inheritance, as reported by Human Rights Watch (HRW). Family court judges, who are generally conservative religious scholars with limited formal legal training, render judgments according to their own reading of Islamic jurisprudence. They have consistently favored men in their rulings and are unapologetically adverse to women’s equality.4 Such concerns were echoed by the Asian Centre for Human Rights (ACHR) and FIDH/BCHR/BHRS.5 In this regard, HRW recommended that Bahrain codify family laws and ensure that those laws do not discriminate on the basis of gender, that they afford women equality before the law, and are consistent with international human rights standards.6 4. The Islamic Human Rights Commission (IHRC) noted that according to the Bahraini citizenship law of 1963, children of a Bahraini mother are deprived of Bahraini citizenship if their father is of a different nationality, violating article 9 CEDAW that “states parties shall grant women equal rights with men with respect to the nationality of their children.”9 FIDH/BCHR/BHRS made a similar observation.10 16. The Global Initiative to End All Corporal Punishment of Children (GIECP) noted that corporal punishment is prohibited in schools under the Code of School Discipline, promulgated by the Ministry of Education in Ordinance No. 549/168-1/1992. However, corporal punishment is lawful in the home.39 In this regard, the GIECP recommended that Bahrain introduce legislation as a matter of urgency to prohibit corporal punishment of children in all settings, including in the home.40 21. According to NCMVT, in late 2005, while the Government permitted limited visits to prisons, it did not allow visits to short-term detention facilities by independent human rights observers. 50 NCMVT reported that in late December 2005 the Bahrain Human Rights Society (BHRS) made two visits to Jaw prison, which houses 450 to 500 inmates. The authorities did not respond to the organization’s findings and recommendations. BHRS was also scheduled to visit the country's women's prison in Isa Town on February 25, but Interior Ministry officials postponed the visit indefinitely for administrative reasons and it has not been rescheduled. On 10 August, the quasi-governmental Supreme Council for Women (SCW) conducted a visit of the country's women's prison in Isa Town.51 Following the visit, NCMVT noted, General Secretary Lulwa Al Awadhi called publicly for the Supreme Judicial Council to look into sentences that were overly severe for the crimes committed. There was no publicly released SCW report on the visit. Juveniles are housed separately from adults until the age of 15. In 2004 the Ministry of Social Development announced plans to open a separate center for the care of juvenile delinquents, but had not done so by year's end. NCMVT added that although International Committee of the Red Cross (ICRC) officials visited the country during the year, they did not request prison visits; Bahrain Red Crescent Society officials confirmed that ICRC officials had not visited prisons for several years, since the release of all political prisoners in 2000.52 Accepted and Rejected Recommendations The following recommendations were accepted by Bahrain: 60 - 5. The draft law on the provision of citizenship to children where the father is not a Bahraini citizen would be considered a priority (Russian Federation). No recommendations were rejected
Compilation of UN information
Summary of Stakeholder information
Final Report
Accepted and rejected recommendations
(a) The reform process
…
The right to a judicial remedy is a public right which the Constitution guarantees to all. The law guarantees legal aid, as provided by a committee of lawyers, for persons who cannot afford a lawyer and in cases where the presence of a lawyer is a legal requirement (criminal and juvenile cases).
…
…
• The National Committee on Childhood: the National Committee on Childhood was restructured pursuant to Decree No. 46 of 2007, which defines the functions and duties of the Committee in regard to children, namely: to pursue all kinds of activities and issues that have a bearing on the educational, social, cultural and psychological development of children of all ages and to devise a national strategy for children to help organizations with competence for children’s issues to develop and enhance their projects and programmes which serve and protect children’s rights.
…
Non-governmental organizations and associations are regulated by Decree Law No. 21 of 1989. In its initial report submitted to the Committee on the Elimination of Racial Discrimination in 1999, Bahrain stated that the number of registered associations at the time stood at 189. In 2008, the total number of registered associations and organizations operating in different spheres was 455, including: 20 women’s associations; 74 social associations; 15 charitable associations; 10 private charitable associations; 25 Islamic associations; 60 professional associations; 11 Gulf associations; 13 youth organizations; 20 associations and centres for persons with disabilities and older persons; 20 cooperative societies; 36 expatriate clubs; 49 expatriate associations; 81 charitable funds; and others. The Kingdom hosts many different faith communities and ethnic groups which are able to practise their rituals freely. There are 19 licensed churches for Bahrainis and foreign residents who are Christians, and there are also places of worship for members of other minorities, such as Jews, Hindus and Buddhists.
…
…
•The Special Rapporteur on trafficking in persons, especially in women and children, visited Bahrain in 2007. (Details are provided in part 6 of this report).
…
• Requests for clarification concerning migrant workers, children and violence against women tend to focus on complaints of ill-treatment filed by foreign female domestic workers against private employers. The response of the competent authorities is to submit a report on the current status of the cases in question.
…
…
…
(a) Children
When the Committee on the Rights of the Child considered Bahrain’s initial report under the Convention on the Rights of the Child, it raised several issues and made recommendations as to how they might be addressed. These included:
…
• Notwithstanding the amendments to the Housing Act which partially benefit women, the fact is that, although a marriage certificate must be provided in support of a husband’s application for housing, the home will only be registered in the man’s name and, in the event of divorce, the women and her children will not be able to use the home.
…
(d) Combating trafficking in persons
…
In the context of Bahrain’s efforts to combat human trafficking, the Minister for Internal Affairs decided to set up a section to deal specifically with human trafficking and, in 2006, the Ministry of Social Development opened up a shelter for Bahraini and non-Bahraini women and children who are victims of mental, psychological and social violence. In addition, the National Committee to Combat Trafficking in Persons produced a leaflet in several languages explaining the rights of workers, all the procedures relating to those rights and the hotline for reporting or seeking advice on any problem that they may face during their time in Bahrain. The leaflet is handed out to workers as soon as they arrive in Bahrain.
…
• In regard to education, a new report by the United Nations Educational, Social and Cultural Organization (UNESCO), indicates that Bahrain has the highest proportion in the Arab region of primary school students who enrol in secondary education. According to the report, 98 per cent of primary school students in Bahrain enrol in secondary education. The Kingdom provides free basic and secondary education to nationals and foreigners. The Government furthermore integrates students with special needs into government schools. A civics curriculum, including fundamental human rights principles and standards, is taught at all stages of basic education and detailed study of the subject of human rights is carried out at the law faculty of the University of Bahrain.
…