6- Moreover, a report issued by the Human Rights Council Affiliated to the United Nations explains
that the state shall: ”guarantee that none is subject to discrimination on the basis of religion or
belief in availing of education or medical care or humanitarian assistance or social welfare, and
to guarantee to each person the right and opportunity to receive public services in his country
on an equal footing with other without discrimination on the basis of religion or belief,”
and this obligation requires the state to take positive measures to ensure that none is exposed to
discrimination prohibiting it from “any form of discrimination on the basis of religion or belief
which may weaken recognition human rights and fundamental freedoms or enjoying or exercising
them on the basis of equality, and to disclose the manifestations of prejudice which may lead to
discrimination on the basis of religion or belief.” 20
7- Moreover, the Maastricht Principles related to the obligations of states in the field economic, social
and cultural rights clarified that it is incumbent on states to: “.. desist from acts and omissions that
create a real risk of nullifying or impairing the enjoyment of economic, social and cultural rights
extraterritorially. The responsibility of States is engaged where such nullification or impairment
is a foreseeable result of their conduct. Uncertainty about potential impacts does not constitute
justification for such conduct.... State responsibility is engaged as a result of conduct attributable
to a State, acting separately or jointly with other States or entities, that constitutes a breach of its
international human rights obligations whether within its territory or extraterritorially”. 21
اﻟﺘﻘﺮﻳﺮ اﻟﺴﻨﻮي اﻟﺜﺎﻟﺚ
ﻟﺤﻘﻮق
ﻟﻠﻤﺆﺳﺴﺔ
8- The NIHR received aاﻧﺴﻨﺎم
number of requests
forاﻟﻮﻃﻨﻴﺔ
legal assistance
to consider the refraining of the
concerned quarter from issuing a good conduct certificate or security approval for purposes of
ـ ﻣﻤﻠﻜﺔ اﻟﺒﺤﺮﻳﻦ2015 ﻟﻌﺎم
obtaining a job opportunity, or to complete some of the procedures conditional upon which is the
existence of such certificate or security approval, while demonstrating that their criminal record is
devoid of any criminal offenses of which they were convicted, and as a corollary of this they were
deprived of enjoying some rights, foremost of which is the right to work. As a result of this the
NIHR addressed the Ministry of Interior in order to determine the reasons for not granting such a
certificate.
9- Moreover, the NIHR received a number of requests for assistance at the General Directorate of
Nationality, Passports and Residence to follow up the issuance of a travel document for the recently
born for reasons related to the father being detained or convicted, and the NIHR wishes to state
that issuance of this necessary document is in need of some simple administrative procedures to be
undertaken at the detention places.
10- The NIHR emphasizes that the recognition by the State of the rights enjoyed by individuals
resulting from ratification or acceding to international human rights conventions, requires taking
the necessary measures guaranteeing for persons the effective exercise of those rights without
discrimination due to race or color or gender or language or religion or political opinion or national
or social origin or other reasons, while the State is not responsible for undertaking positive action
to enable individuals to enjoy those rights, particularly the facilitation of official measures and the
requirements of receiving the services related to the mentioned rights.
20
Human Rights Council, Twenty Eighth Session, Promotion and Protection of all Human Rights, Civil, Political, Economic, Social and
Cultural, including the right to development, Document Number: (18/28/RES/HRC/A).
21
aastricht Principles related to the foreign obligations of states in the field of economic, social and cultural rights, ratified in a meeting held
M
by the Maastricht University and the International Lawyers Committee, 28 September 2011.
80