Section III:
The right to equality and non-discrimination in enjoyment of rights
1- The right to equality and non-discrimination represents an integral part of the foundations of the
principle of rule of law, which is one of the main elements of the democratic regimes, where all
persons within the state must enjoy the public rights and freedoms stipulated in their legal systems,
and rooted in a significant degree of equality between them, without discrimination on the basis of
race or gender or language or religion or creed or political difference or otherwise.
2- This is what is stipulated in Article Number (18) of the Constitution of the Kingdom of Bahrain,
where it states: “People are equal in human dignity, and citizens are equal before the law in
public rights and duties. There shall be no discrimination among them on the basis of sex, origin,
language, religion or creed.”.
3- The International Covenant on Civil and Political Rights (ICCPR) to which the Kingdom of Bahrain
acceded pursuant to Law Number (56) for the year 2006, in the first paragraph of Article Number
(2) stipulates: “Each State Party to the present Covenant undertakes to respect and to ensure to all
individuals within its territory and subject to its jurisdiction the rights recognized in the present
Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political
or other opinion, national or social origin, property, birth or other status.”.
اﻟﺘﻘﺮﻳﺮ اﻟﺴﻨﻮي اﻟﺜﺎﻟﺚ
ﻟﻠﻤﺆﺳﺴﺔ اﻟﻮﻃﻨﻴﺔ ﻟﺤﻘﻮق اﻧﺴﻨﺎم
4- Moreover, the International Covenant on Economic, Social and Cultural Rights (ICESCR) to which
ـ ﻣﻤﻠﻜﺔ اﻟﺒﺤﺮﻳﻦ2015 ﻟﻌﺎم
the Kingdom of Bahrain acceded pursuant to Article Number (10) for the year 2007, affirms this
orientation where Paragraph Two of Article Number (2) stipulates: “The States Parties to the
present Covenant undertake to guarantee that the rights enunciated in the present Covenant
will be exercised without discrimination of any kind as to race, colour, sex, language, religion,
political or other opinion, national or social origin, property, birth or other status.”.
5-
The Committee on Economic, social and Cultural. Rights (CEsCR) explained in its general
commentary Number (20): “Non-discrimination is an immediate and cross-cutting obligation in
the Covenant. Article 2, paragraph 2, requires States parties to guarantee non-discrimination in
the exercise of each of the economic, social and cultural rights enshrined in the Covenant and can
only be applied in conjunction with these rights. It is to be noted that discrimination constitutes
any distinction, exclusion, restriction or preference or other differential treatment that is directly
or indirectly based on the prohibited grounds of discrimination and which has the intention or
effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of
Covenant rights. Discrimination also includes incitement to discriminate and harassment.”. 19
19
General Commentary Number (20), Non-Discrimination in Economic, Social and Cultural Rights, Document Number: (20/GC/C.12/E)
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