3. In terms of international instruments, Article 16 of the International Covenant on Civil and Political
Rights, to which the Kingdom of Bahrain acceded under Law No. (56) of 2006, states that: “Everyone
shall have the right to recognition everywhere as a person before the law”. Article Clause “3” of
Article 24 of the Covenant states that: “Every child has the right to acquire a nationality”.
4. In the same context, Article 7 of the Convention on the Rights of the Child of 1989, to which the
Government of the Kingdom of Bahrain acceded under Decree Law No. 16 of 1991, provides that
the child should be registered immediately after birth and will have the right from birth to a name,
and the right to acquire a nationality. Clause 2 of the same Article provides that States Parties to this
Convention should ensure the implementation of these rights in accordance with their national law
and their obligations under the relevant international instruments in this field, in particular where
the child would otherwise be stateless.
5. Article 9 of the Convention on the Elimination of All Forms of Discrimination against Women, to
which the Government of the Kingdom of Bahrain acceded under Decree No. 5 of 2002, provides
that: “1. States Parties shall grant women equal rights with men to acquire, change or retain
their nationality. They shall ensure in particular that neither marriage to an alien nor change of
nationality by the husband during marriage shall automatically change the nationality of the wife,
render her stateless or forced upon her the nationality of the husband. 2. States Parties shall grant
women equal rights with men with respect to the nationality of their children”. In this regard, the
Kingdom reformulated its reservation to this Article to confirm consistency to the substance of the
Convention, without prejudice to the provisions of Islamic law. This is considered as affirmative
action in favor of women’s rights relating to nationality.
اﻟﺘﻘﺮﻳﺮ اﻟﺴﻨﻮي اﻟﺜﺎﻟﺚ
ﻟﻠﻤﺆﺳﺴﺔ اﻟﻮﻃﻨﻴﺔ ﻟﺤﻘﻮق اﻧﺴﻨﺎم
ـ ﻣﻤﻠﻜﺔ اﻟﺒﺤﺮﻳﻦ2015 ﻟﻌﺎم
6. Back to the provisions of the Bahraini Citizenship Act of 1963, as amended, it is noted that it limits the
acquisition of the Bahraini nationality to two cases; first: if the person is born in or abroad Bahrain,
and his father was a Bahraini national at the time of birth; second: if the person is born in or abroad
Bahrain, and his mother was a Bahraini at the time of birth, provided that the father is unknown,
or paternity has not been legally proved. In the latter case, the Bahraini nationality is granted only
if the father is unknown or if paternity is not proved, in order not to deprive illegitimate children
from nationality, if their mother has the Bahraini nationality. It is noted that NIHR took note that it
is important for the children of the Bahraini woman married to a non-Bahraini to be equal to other
children. Accordingly, NIHR submitted its recommendations in this regard to the Government to
make the necessary legislative amendments in the public interest.
7. As regards the cases of withdrawing or forfeiting the Bahraini citizenship, Article 8 of the said Act
exclusively states the cases in which the Bahraini citizenship can be legally withdrawn from the
Bahraini national. It restricts the impact of this procedure to the person alone, to the exclusion of
the person through which it was acquired, except if the Bahraini citizenship was acquired by fraud
or based on false statements, concealment of substantial information, or forged instruments.
8. As regards forfeiture of nationality, Article 10 of the said Act exclusively identifies the cases in
which the Bahraini citizenship may be forfeited: if he enters in military service of a foreign country
and keeps on service despite an order issued by the Government of Bahrain ordering him to leave
such service; if he helps or engages in service of an enemy country; if he causes harm to the security
of an enemy state; if he causes harm to the interests of the Kingdom; or had acted contrary to the
duty of loyalty to it.
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