Section II:
The consultative opinions submitted by the NIHR to the Cabinet (Executive
Authority)
Based on the belief of the NIHR that its role in the field of promoting and protecting human is not
fulfilled except through real partnership with the public authorities of the State, particularly the
executive authority represented in the Council of Ministers, and perhaps this complementarity is based
on the jurisdiction assigned to the Government insofar as formulating laws referred to it by the Shura
Council and the House of Representatives for formulation in harmony with the Constitution as a draft
law, or to refer them to the two assemblies as laws presented by it. Hence, the NIHR based on the time
scope of the Report submitted to the Council of Ministers six consultative opinions whose contents
are diverse either by amending some of the legal stipulations in effect or suspending applying some
of them or to generate other stipulations that are consonant with international conventions and the
obligations of the Kingdom in the field of human rights.
First: Proposal to amend the Bahraini Nationality Law for 1963 as amended, concerning
granting the Bahraini woman equal rights with men insofar as the nationality of her
offspring
اﻟﺘﻘﺮﻳﺮ اﻟﺴﻨﻮي اﻟﺜﺎﻟﺚ
ﻟﻠﻤﺆﺳﺴﺔ اﻟﻮﻃﻨﻴﺔ ﻟﺤﻘﻮق اﻧﺴﻨﺎم
ـ ﻣﻤﻠﻜﺔ اﻟﺒﺤﺮﻳﻦ2015 ﻟﻌﺎم
1. The NIHR submitted a proposal concerning amendment of the Bahraini Nationality Law for 1963
as amended, relating to granting the Bahraini woman equal rights to men related to the nationality
of her offspring, and this proposal is grounded in constitutional and legal justifications, such given
that the Constitution of the Kingdom of Bahrain and specifically Article (18) thereof expressly
stipulates: “People are equal in human dignity, and citizens are equal before the law in rights,
freedoms and public duties, and there is no discrimination between them in this regard as a
result of gender or origin or language or religion or creed.” This connotes that the Constitution
which is considered to be the foundation of the legal system of the State emphasizes that the citizens
whether men or women are equal in terms of all rights and freedoms, and there is no differentiation
between them due to gender or origin or origin or religion or language or creed.
2. While Article (37) of the Constitution considers the international conventions once ratified to
become automatically a part of the national legislation given that they were ratified by constitutional
means (the law) issued by the legislative authority through the Shura Council and the House of
Representatives, and hence the Convention on the Elimination of all Forms of Discrimination
Against Women (CEDAW) to which acceded the Kingdom of Bahrain pursuant to Law Number (5)
for 2002 is considered based on the foregoing a part of the national legislation in effect.
3. Whereas Article (1) of the same Convention aforementioned stated that: “The term (discrimination
against woman) denotes any differentiation or exclusion or restriction based on gender and
among its consequences or aims is to undercut recognition, based on the equality of man and
woman of human rights and fundamental freedoms in the political, economic, social, cultural
and civil fields or any other field, or to vitiate recognition in favor of the woman of these rights
or her enjoyment and exercise thereof irrespective of her matrimonial state.”
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