4. Article (2) of the same Convention added: “States Parties condemn discrimination against women
in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating
discrimination against women and, to this end, undertake: (a) To embody the principle of the
equality of men and women in their national constitutions or other appropriate legislation if not
yet incorporated therein and to ensure, through law and other appropriate means, the practical
realization of this principle; (b) To adopt appropriate legislative and other measures, including
sanctions where appropriate, prohibiting all discrimination against women;”. Moreover, Article
(9) Paragraph (2) of the Convention- which the Kingdom expressed reservation on- which stipulates:
“States Parties shall grant women equal rights with men with respect to the nationality of their
children”.
5. While Article (4) of the Nationality Law for 1963 as amended stipulates that: “A person shall be
deemed a Bahraini national in the following cases: A. If he is born in Bahrain or abroad and his
father, at the time of birth, was a Bahraini national. B. If he is born in Bahrain or abroad and
his mother, at the time of birth, was a Bahraini national, providing that his father was either
unknown or not legally to be related to his father.”
6. It is clearly evident based on the principle of equality enshrined in the Constitution, and what is
contained in the provisions of the Convention on the Elimination of all Forms of Discrimination
Against Women (CEDAW) the activation of the provisions of the Convention necessitates taking
the appropriate legislative measures which prohibit discrimination against woman including the
granting by the woman the nationality which she possesses to her offspring with the possibility of
placing restrictions regulating such granting of nationality without prejudice to its essence.
اﻟﺘﻘﺮﻳﺮ اﻟﺴﻨﻮي اﻟﺜﺎﻟﺚ
ﻟﻠﻤﺆﺳﺴﺔ اﻟﻮﻃﻨﻴﺔ ﻟﺤﻘﻮق اﻧﺴﻨﺎم
ـ ﻣﻤﻠﻜﺔ اﻟﺒﺤﺮﻳﻦ2015 ﻟﻌﺎم
7. Hence, it is the view of the NIHR that it is necessary to make the necessary amendment to Article
(4) of the Bahraini Nationality Law for 1963 as amended whereby the Bahraini woman would enjoy
the right of granting the nationality to her offspring whereby the stipulation would be consistent
with the provisions of the Convention on the Elimination of all Forms of Discrimination Against
Women (CEDAW) which is a part of national legislation pursuant to Law Number (5) for the year
2002, which is not marred by the doubt of being unconstitutional in accordance with Article (18) of
the Constitution, while not overlooking the fact that the right of woman in granting her offspring
the nationality she holds does not at all conflict with the principles of the Islamic Shari`ah in this
regard.
8. Moreover, the Supreme Council for Women (SCW) explained in the third report of the Kingdom of
Bahrain submitted to the committee concerned with the elimination of all forms of discrimination
against woman formed by virtue of the Convention on the Elimination of all Forms of Discrimination
Against Women (CEDAW), that the Council is currently endeavoring in conjunction with all the
concerned authorities to expedite considering a new nationality draft law with a view to achieving
equality between woman and man in respect of nationality in accordance with objective standards
and restrictions which safeguard the rights of this segment, and which do not conflict with the
sovereignty of the State, in order to enable withdrawing the reservation contained in Paragraph (2)
of Article (9) of the Convention upon enactment of a new nationality law that permits withdrawing
such reservation. 13
13
For further reading: Third Regular Report submitted by the Kingdom of Bahrain to the committee concerned with elimination of discrimination against woman -21 December 2011- Document No. (CEDAW/C/BHR/3)
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