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Summary: This report extracts mentions of children's rights issues in the reports of all UN Treaty Bodies and their follow-up procedures. This does not include the Concluding Observations of the UN Committee on the Rights of the Child which are available here: http://www.crin.org/resources/treaties/index.asp
Please note that the language may have been edited in places for the purpose of clarity.
Scroll to:
- UN Human Rights Committee
- UN Committee on Economic, Social and Cultural Rights
- UN Committee against Torture
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UN Committee on the Elimination of Discrimination against Women
- follow-up -
UN Committee on the Elimination of Racial Discrimination
- follow-up - UN Committee on Migrant Workers
- UN Committee on the Rights of Persons with Disabilities
- UN Committee on Enforced Disappearance
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No reports
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UN Committee on Economic, Social and Cultural Rights
No reports
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CAT/C/BHR/CO/2-3
Adopted by Committee: 9-10 May 2017
Published: 9-10 May 2017
Issues Raised:
Treatment of Minors:
The Committee is concerned that the age of criminal responsibility for juveniles is at the age of 7 years and that minors over 16 years of age are in fact regarded as adult offenders, as this increases the minors’ exposure to risk of torture and ill-treatment . The Committee is also concerned at reports that 76 minors were detained during security operations in 2010 and that among the cases of torture submitted to a non-governmental organization between 1 January and 26 June 2016, 10 involved minors at the time of arrest. It is also concerned that minors were among the inmates against whom tear gas was used during the riot in Jaw Prison in 2015. Furthermore, the Committee is concerned that of some 200 minors who were incarcerated in 2015, about half of them were detained in facilities for adults, sometimes because of overcrowding (arts. 2, 11, 12, 13 and 16) (para. 26).
The State party should: Amend its legislation with a view to raise the minimum age of criminal responsibility to 12 years, as recommended by General Comment No 10 of the Committee on the Rights of the Child; Ensure the full implementation of juvenile justice standards as well as the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (Beijing Rules), the United Nations Guidelines for the Prevention of Juvenile Delinquency (Riyadh Guidelines) and the United Nations Rules for the Protection of Juveniles Deprived of Their Liberty; and Ensure that minors are detained only as a last resort and for the shortest possible period, are separated from adults and are afforded full legal safeguards, and should envisage the use non-custodial measures for minors who are in conflict with the law (para. 27).
Corporal Punishment:
The Committee is concerned at reports that corporal punishment of children remains permitted in the home, alternative care and day care settings as well as in penal institutions (arts. 2, 4 and 16) (para. 36).
The State party should enact legislation to explicitly and clearly prohibit corporal punishment in all settings (para. 37).
Last reported: 12-13 May 2005
Concluding Observations published: 21 June 2005
No mention of child's rights.
Reply of the Kingdom of Bahrain to the Concluding Observations of the Committee against Torture
6 December 2006
No mention of child's rights.
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UN Committee on the Elimination of Discrimination against Women
CEDAW/C/BHR/CO/3
Last reported: 11 February 2014
Concluding Observations: 10 March 2014
Concerns and recommendations:
Sexual violence and exploitation: The Committee remains concerned that several provisions in the Penal Code condone acts of violence against women by exempting perpetrators from punishment. In particular, that it excludes marital rape, exempts perpetrators of rape from prosecution and punishment if they marry their victims and reduces the penalties for crimes committed in the name of so called honour.The Committee is also concerned about the absence of any rape complaints to the SCW or the police. (para. 21)
The Committee urges the State party to criminalise violence against women; revise the Penal Code; provide mandatory training to judges, prosecutors and the police; and address the traditional cultural attitudes preventing women from reporting cases of violence, including through educational and awareness-raising programs. (para. 22)
Trafficking: The Committee is concerned about the extent of trafficking of women and girls for purposes of forced labour and/or sexual exploitation. The Committee recommends that the State Party provide victims with the necessary support and protection for rehabilitation as well as seek to prosecute and punish traffickers. (para. 25)
Nationality: The Committee is concerned that women still do not enjoy equal rights to nationality, as they cannot automatically pass on their nationality to their children. The Committee is also concerned about the situation of stateless persons, including the possibility of children of Bahraini women married to foreigners becoming stateless. (para. 33)
The Committee urges the State party to expedite the amendments to the Nationality Law, to bring it into full compliance with article 9 of the Convention, and to withdraw its reservation to article 9. Further, it recommends the State party to consider acceding to international instruments to address the situation of stateless persons, including the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness. (para. 34)
Education: The Committee notes the persistence of traditional attitudes and stereotypes which affect the educational paths followed by women, in particular in the sciences and technology. (para. 35)
The Committee recommends the State party to take coordinated measures to further diversify the educational and vocational choices for girls and boys. (para. 36)
Health: The Committee is concerned that abortion is criminalised even when a woman is a victim of rape or incest. (para. 41)
The Committee recommends the State party consider undertaking legal amendments to allow abortion in cases of rape and incest with a view to protecting the best interests of the victim. (para. 42)
Family: The Committee remains concerned that women continue to be denied equal rights with men with regard to family relations, in particular marriage, age of marriage, divorce, child custody, guardianship, and inheritance under the existing laws. (para. 43)
The Committee recommends the State party take steps to ensure access to justice in family issues for the Shiite community; raise awareness about the need of a unified family law that ensures women’s rights under the Convention; and draw on the examples of other countries with similar religious backgrounds and legal systems that have reconciled their domestic legislation with the legally binding international instruments they have ratified. The Committee also reiterates its recommendation (CEDAW/C/BHR/CO/2, par. 39) that the State party raise the minimum age of marriage for girls to 18 years, to be equal to that of boys and to take concrete measures to end the practice of polygamy. (para. 44)
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UN Committee on the Elimination of Discrimination against Women
Last reported: 30 October 2008
Concluding Observations: 14 November 2008
Concerns raised:
- Trafficking: The Committee remains seriously concerned at the existence of trafficking in women and girls into the State party for the purposes of sexual exploitation. The Committee recommends that the State party effectively implement the new laws on human trafficking and a strategy for prevention, as well as prosecution and punishment of offenders, as well as measures to protect and rehabilitate victims. The Committee calls on the State party to increase its international, regional and bilateral cooperation efforts. (paragraphs 26-27)
- Nationality: The children of Bahraini women are still unable to have Bahraini citizenship transferred to them, because the draft Nationality Law has not yet been passed. The Committee urges the State party to take all necessary steps to expedite the adoption of the draft Nationality Law in order to comply with article 9 of the Convention, and to withdraw its reservation to article 9, paragraph 2. (paragraphs 30-31)
- Education: The Committee welcomes the introduction of "Citizenship" to the curriculum, but remains concerned that certain areas of education, such as industrial and vocational training, are available mainly to boys. The Committee recommends that the State party continues to raise awareness of the importance of education for the empowerment of women. Girls and women should be actively encouraged to choose non-traditional education and professions. (paragraphs 32-33)
- Child marriage: The Committee is concerned that the minimum age of marriage is 15 for girls and 18 for boys, and therefore urges the State party to raise the minimum age for girls from 15 to 18. (paragraphs 38-39)
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UN Committee on the Elimination of Discrimination against Women: Follow-up
The Committee requested follow-up information on paragraph 30 of its Concluding Observations concerning nationality and paragraph 38 on family relations.
30. While welcoming the royal decree, issued in September 2006 by the King granting citizenship to at least 372 children of Bahraini mothers and non-citizen fathers, the Committee remains concerned that to date, the draft Nationality Law concerning the elimination of nationality-related cases of discrimination against women allowing the transfer of Bahraini citizenship to the children of Bahraini women and non-citizen fathers on the same basis as children of Bahraini fathers and non-citizen women has not yet been passed.
State response
Unofficial translation by CRIN - original in Arabic.
Subject of the amendment to the citizenship law: Transfer of Bahraini citizenship to the children of Bahraini women and non-citizen fathers:
The Supreme Council for Women is studying a proposal to amend the Citizenship Act to allow the transmission of citizenship to children from Bahraini women married to non-citizen fathers in accordance with the regulations and standards protecting the rights of this group and not conflicting with the principle of State sovereignty.
Issuance Law No. (35) for the year 2009 included provisions to guarantee that children of Bahraini women married to non-citizen fathers are treated on an equal basis with Bahraini citizens. This includes exempting their children from the fees of government services, health and education and the fees of permanent residence in the Kingdom.
The Supreme Council for Women has taken some interim measures until the Nationality Act is amended. It is:
- Studying applications of children of Bahraini women married to non-citizen fathers and agreed upon with the committee that was established under the guidance of the King.
- Implementing Law No. (35) of 2009, which permits the children of Bahraini women a visit or permanent visa free of charge and sponsored by their mother and an entry visa to their adult sons free of charge and sponsored by their mother as well as for studying and the same for the unmarried daughters.
- Facilitating the granting of unconditional residency to non-resident sons should they wish to visit the Kingdom.
Family relations
The Committee is concerned that the laws applicable to family matters are not uniform and contain differences resulting from sectarian interpretational and jurisprudential differences between Sunni and Shia. The Committee is deeply concerned at the lack of a codified family law containing clear and non-discriminatory provisions on marriage, divorce, inheritance and child custody in compliance with the Convention. The Committee is also concerned at the discrimination in the minimum age of marriage, which is 15 for girls and 18 for boys. (para. 38)
State response
Relevant extracts:
Efforts to develop a family common law for Sunni and the Shiites were unsuccessful. The Act was passed to the provisions of the family law for the Sunni.
Family law allowed DNA paternity tests to give genetic proof of whether a man is the biological father of a baby or not, as well as in the case of a mix-up of births in hospitals.
Granting divorced foreign women the right to reside in Bahrain for custody of her children. (Article 19-39).
To determine the custody, the law authorised the judge to make a psycho-social assessment before pronouncing a decision on child custody taking into account the interests of the children.
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UN Committee on the Elimination of Racial Discrimination
Last reported: 3 and 4 March 2007
Concluding Observations adopted: 11 March 2007
No mention of child's rights.
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UN Committee on the Elimination of Racial Discrimination: Follow-up Response by State Party
2 April 2007
- Education: Education is compulsory and free of charge in the early stages, as specified and provided by law. The law shall establish an appropriate plan for eliminating illiteracy. (paragraph 18(a))
14 April 2005
- Nationality: The Committee is concerned that a Bahraini woman is unable to transmit her nationality to her child when she is married to a foreign national. The Committee requests the State party considers modifying these provisions in order to conform to article 5(d)(iii) of the Convention, and draws the attention of the State party to general recommendation XXX which requests States parties ensure that particular groups are not discriminated against with regard to access to citizenship. (paragraph 17)
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UN Committee on Migrant Workers
No reports
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UN Committee on the Rights of Persons with Disabilities
No reports
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UN Committee on Enforced Disappearance
No reports