Section I:
The Human Rights Situation in the Kingdom of Bahrain
1- The setting of indicators for the human rights conditions in any system grounded in the principle
of the rule of law is based on two main standards, firstly: it is represented in the necessity for the
applicable legislations to be compatible with international standards and resolutions pertaining to
human rights, and secondly: the necessity for the practical practices of authorities applying human
rights to be in harmony with those standards and resolutions.
2- Hence, the situation of human rights in the Kingdom of Bahrain will be addressed alongside the
developments related to those rights or obstacles, by means of overviewing the foremost laws or
legislative decrees issued within the time scope of the Report and the extent of their harmony with
international resolutions related to human rights, not to mention overviewing the practical exercises
of some rights.
3- At the level of national legislations, the NIHR has monitored a number of national legislations
related to human rights, and by reviewing those legislations it became evident that most of them are
harmonious with international standards, whilst the NIHR observed that some of those legislations
impinge or affect human rights.
اﻟﺘﻘﺮﻳﺮ اﻟﺴﻨﻮي اﻟﺜﺎﻟﺚ
4- Among those legislations
which were
compatible
with international
standards and which may
اﻧﺴﻨﺎم
ﻟﺤﻘﻮق
اﻟﻮﻃﻨﻴﺔ
ﻟﻠﻤﺆﺳﺴﺔ
enhance the human rights situation in the Kingdom was the enactment of Law Number (9) for 2015
اﻟﺒﺤﺮﻳﻦ
ﻣﻤﻠﻜﺔ
ـ2015
related to the enactment of the
Arbitration
Law, which
regulatedﻟﻌﺎم
issues related to arbitration in civil
and commercial transactions in a manner compatible with UNCITRAL Model Law on International
Commercial Arbitration for 1985 amended in 2006 which were enacted pursuant to the UN General
Assembly resolutions (40/72) and (61/33) consecutively.
5- The NIHR lauds the enactment of legislative decree Number (23) for the year 2015 amending some
of the provisions of the Court of Cassation Law enacted by virtue of legislative decree Number
(8) for the year 1989, and legislative decree Number (24) for the year 2015 amending some of the
provisions of the Judicial Authority Law issued by legislative decree Number (42) for the year
2002 which included creating the Court of Cassation within the Shariah courts in their Sunni and
Ja`afari sides and regulating issues related to challenging final judgment ending disputes, which
is in harmony with the right to enjoy guarantees to a fair trial in accordance with internationals
human rights standards.
6- Moreover, the enactment of Law Number (6) for the year 2015 concerning the conflict of laws in civil
and commercial matters which are of a foreign element represents a genuine addition guaranteeing
litigants of a foreign element to enjoy their rights in case of conflict of laws, with a view to achieving
equality and non-discrimination insofar as enjoying the various rights and public freedoms.
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