of Bahrain acceded by virtue of Decree-Law Number (5) of 2002, is considered, based on the
foregoing, a part of national legislation in force.
5. Article (1) of the same Convention referred to above stated that “the term (discrimination against
women) shall mean any distinction, exclusion or restriction made on the basis of sex which has
the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women,
irrespective of their marital status,”.
6. Article (2) of the same Convention adds that “States Parties condemn discrimination against
women in all its forms, agree to pursue by all appropriate means and without delay a policy of
eliminating discrimination against women and, to this end, undertake: (a) To embody the principle
of the equality of men and women in their national constitutions or other appropriate legislation
(b) To adopt appropriate legislative and other measures, including sanctions where appropriate,
prohibiting all discrimination against women;”.
7. Moreover, the Convention on the Rights of Persons with Disabilities ratified by the Kingdom of
Bahrain under Law Number (22) of 2011, emphasized that all persons suffering from disabilities of
all kinds shall enjoy all the human rights, and the fundamental civil, political, economic, social and
cultural rights, while elucidating how the rights of all categories apply to disabled persons to enable
them to exercise their rights in reality, which imposes obligations on the state in terms of the rights
of this category.
8. The principle of equality and non-discrimination based on physical handicap and enjoyment of
all the fundamental rights and freedoms is considered among the basic principles recognized in
international instruments and conventions concerned with human rights, while equality equally
shall be considered actually materialized through the state undertaking all measures and enacting
legislations and adopting national policies grounded in the principle of equality between disabled
persons and others, which is clearly manifested in the provisions of the Convention on the Rights
of Persons with Disabilities where Article Number (5) thereof emphasizes the principle of equality
and non-discrimination, while guaranteeing for this category to avail of equal and efficacious legal
protection in all rights and freedoms.
9. Accordingly, it is clear that based on the principle of equality provided in the Constitution, and
the clauses of the Convention on the Elimination of All Forms of Discrimination against Women
(CEDAW) and the Convention on the Rights of Persons with Disabilities the activation of the
provisions of the conventions necessitates adopting the suitable legislative measures which prohibit
discrimination against woman and disabled persons including granting the offspring of the Bahraini
woman the same rights enjoyed by the citizens.
10. Accordingly, the bill emerged to achieve a set of noble objectives anchored in offering support to
the Bahraini woman married to a foreigner who resides with her children who are of a special casedisabled- in the Kingdom of Bahrain on the one hand, and to complete the legislative enactments
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