15. In this regard, NIHR calls for the need to strengthen the legislative guarantees with respect to
forfeiture of the Bahraini citizenship and not extending the effects of citizenship forfeiture to third
parties, which may affect their basic rights. In addition, citizenship forfeiture affects the position of
the Kingdom in the international circles, particularly when it comes to the obligations arising from
Bahrain accession to or ratification of international human rights instruments.
Section VI:
Freedom of Opinion and the Right to Expression, Access to Information, and Privacy
1. Freedom of opinion; the right to expression; and the right to access to information form the
cornerstone of every society where freedom and democracy prevail. Freedom of opinion is closely
linked with the right to expression, as the latter is the tool that enables exchange and development
of views. Freedom of opinion and the right to expression are not limited to expression of views
or ideas by the individuals, but also extend to seeking, receiving, and transmitting the various
forms of information and ideas to others without regard to borders. Freedom of opinion; the right
to expression; and the right to access to information also extend to freedom of the press and the
media, as well as freedom of conscience and thought, and religious freedom. Therefore, this right is
the most important element of good governance, and the basic tool through which the individual
can access, receive and transmit information to strengthen his oversight role on the performance
of public authorities and hold these authorities accountable for any violation or default in the
performance of their functions.
اﻟﺘﻘﺮﻳﺮ اﻟﺴﻨﻮي اﻟﺜﺎﻟﺚ
ﻟﻠﻤﺆﺳﺴﺔ اﻟﻮﻃﻨﻴﺔ ﻟﺤﻘﻮق اﻧﺴﻨﺎم
ـ ﻣﻤﻠﻜﺔ اﻟﺒﺤﺮﻳﻦ2015 ﻟﻌﺎم
2. It is not possible to talk about freedom of speech, the right to expression and the right to access
to information apart from the right to privacy, which includes the individual’s right to exchange
information and ideas in the context of secrecy and the right not to intersect his postal, telegraphic,
telephonic and electronic communications and correspondences, except in cases of extreme
necessity and subject to the limitations prescribed by law and the necessary controls in a democratic
society, which must be in line with the principle of proportionality using the least harmful means
compared to other means to achieve the desired result and in line with the interest to be protected.
The right to privacy is often considered an essential prerequisite for the realization of freedom of
opinion and the right to expression. Any unnecessary intervention in the privacy of individuals
may involve direct and indirect restriction of generation and free exchange of ideas, which creates
a comprehensive obligation on the state to ensure respect for the right to privacy27.
3. The Constitution of the Kingdom of Bahrain has guaranteed freedom of opinion and the right to
expression and access to information in Article 22, which stipulates that: “Freedom of conscience is
absolute. The State shall guarantee the inviolability of places of worship and the freedom to perform
religious rites and to hold religious processions and meetings in accordance with the customs
observed in the country”. Article 23 provides that: “Freedom of speech and freedom to carry out
scientific research shall be guaranteed. Every person shall have the right to express and propagate
his opinion in words or in writing or by any other means, in accordance with the conditions and
27
Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression submitted to the
Human Rights Council, Twenty-third session, document number: (A/HRC/23/40).
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