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There appears to be no legislation in place in Bahrain which prohibits slavery, although personal freedom is guaranteed in Article 19a of the Constitution. Slavery may also form an element of an offence of trafficking under article 2 of the 2008 Law on Combating Trafficking in Persons.
There appears to be no legislation in place in Bahrain which prohibits institutions and practices similar to slavery, although practices similar to slavery may also form elements of an offence of trafficking under article 2 of the 2008 Law on Combating Trafficking in Persons.
There appears to be no legislation in place in Bahrain which prohibits servitude, although servitude may also form elements of an offence of trafficking under article 2 of the 2008 Law on Combating Trafficking in Persons.
Provisions related to forced labour are found in the Constitution at Article 13c which prohibits compulsory work. The Minerals Law 2010 also prohibits forced employment of labour in Mineral Activities at article 76. Forced labour or services may also form an element of an offence of trafficking under article 2 of the Law on Combating Trafficking in Persons.
Provisions related to trafficking in persons are found in the Law on Combating Trafficking in Persons which makes trafficking an offence under article 2, although penalties are limited to fines.
Provisions related to forced marriage in Bahrain are found in the 2017 Law Promulgating the Family Law, which address a guardian forcibly marrying a woman under their guardianship at Article 17. Article 43 also addresses marriages that lack one of the essential pillars or conditions of the marriage contract or face an impediment, without further specifications. Article 115 addresses a marriage contracted in violation of Sharia law. Article 116 addresses cases where one spouse is defrauded, but the request for annulment can be nullified if the spouse acknowledges and consents to the fraud, either explicitly or implicitly.
Although legislation in Bahrain does not recognise consent as a strict requirement of marriage, section 26 of the Law No. (19) of 2017 recognises that marriage is founded / based on consent.
There appears to be no legislation in Bahrain that prohibits servile matrimonial transactions.
Provisions related to marriage trafficking in Bahrain are found in the LAW NO.1 OF 2008 WITH RESPECT TO TRAFFICKING IN PERSONS, which prohibits trafficking for practices similar to slavery at Article 1, with a potential penalty of imprisonment and a fine of no less than Bahrain Dinars two thousand and not more than Bahrain Dinars ten thousand.
The minimum age for marriage in Bahrain is 16 for females, as set out on Article 20 of the 2017 Family Law. There does not appear to be a minimum age for marriage for males.
Asia-Pacific
Not party to a court
Mixed
Paragraph 31
The slave-trade has been totally prohibited in Bahrain, Qatar and Kuwait… The proclamations issued in Bahrain [1937], Kuwait [1949] and Qatar [1952] are thought to have been completely effective.
Article 13. Work
1. The State guarantees the provision of job opportunities for its citizens and the fairness of work conditions.
2. Compulsory work cannot be imposed on any person except in the cases specified by law for national exigency and for a fair consideration, or pursuant to a judicial ruling.
Article 19a Personal Freedom
a. Personal freedom is guaranteed under the law
Article 324
Every person who entices a male or a female to commit acts of immorality or prostitution or assists in such acts in any manner whatsoever shall he liable for a prison sentence. If the victim is less than 18 years of age, the punishment shall be a prison sentence for a term not exceeding 5 years.
Article 325
Every person who forces a male or a female to commit acts of immorality or prostitution by way of coercion, threat or deceit shall be liable for imprisonment for a period of no less than 2 years and no more than 7 years. If the victim is less than 18 years of age, the punishment shall be a prison sentence for a period not exceeding 3 years and no more than 10 years.
Article 24: minimum age for work 15 years
Article 27: minimum age for hazardous work 18 years
Minimum age does not apply to children working in certain industries such as domestic work.
Article (1)
Exploitation shall include the exploitation of such person or the prostitution of others or any other forms of exploitation, sexual assault, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs.
Article (2)
Without prejudice to any harsher penalty prescribed by the Penal Code or any other law, any person committing a crime or trafficking in persons shall be punished by imprisonment and a fine of no less than Bahrain Dinars two thousand and not more than Bahrain Dinars ten thousand.
In case of conviction, the perpetrator shall be obliged to pay the costs, including the costs of repatriating the victim to his country where he is a foreigner.
In all cases, the Court shall order the confiscation of the funds, luggage, tools and other items that are used or prepared for use in committing the crime or that resulted therefrom.
Law No.1 of 2008 with Respect to Trafficking in Persons (PDF)
Note: Prohibition of hazardous occupations or activities for children, articles 1 and 2
Note: (article 24) minimum age for voluntary military service 18 years (no conscription)
Note: The Mineral Activities are carried out in accordance with the applicable laws and international standards established in relation to labour, protection of communities and human rights. Forced employment of labour and recruitment of children in Mineral Activities is prohibited.
Article (1)
Exploitation shall include the exploitation of such person or the prostitution of others or any other forms of exploitation, sexual assault, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs.
Article (2)
Without prejudice to any harsher penalty prescribed by the Penal Code or any other law, any person committing a crime or trafficking in persons shall be punished by imprisonment and a fine of no less than Bahrain Dinars two thousand and not more than Bahrain Dinars ten thousand.
In case of conviction, the perpetrator shall be obliged to pay the costs, including the costs of repatriating the victim to his country where he is a foreigner.
In all cases, the Court shall order the confiscation of the funds, luggage, tools and other items that are used or prepared for use in committing the crime or that resulted therefrom.
Bahrain Trafficking in Persons Law-Shura council-English-2008
Art 5
Marriage is a legal contract between a man and a woman in order to form a family with conditions and pillars, with no impediments, whose purpose is housing and compassion that entail reciprocal legal rights and duties
Art 17
a) It is not permissible for a guardian to refrain from marrying a person who has guardianship over her without a legitimate reason.
B) It is not permissible for a guardian to marry off a person who has guardianship over her by force, whether virgin or young, young or old.
According to the Sunni jurisprudence:
C) A guardian may not marry his mistress to himself except with her consent and permission from the judge.
Dr) It is not for the judge to marry a person who has guardianship over her from himself, from his origin or from his branch
Art 20
A girl under the age of sixteen Gregorian years may not be married without permission from the Sharia court after verifying the suitability of the marriage
Art 26
The marriage takes place with an offer from one of the contracting parties and an acceptance from the other issued with full consent in specific Shari’a expressions, and by meaningful sign or writing in the event of inability to pronounce, subject to the provisions of Article (27) of this law
Article (39)
The wife’s rights over her husband:
Dr) Justice in staying overnight and spending when combining two or more.
And the) Not to deprive her of his descendants.
Article (40)
The rights of the husband over the wife:
Dr) Not abstaining from having children without his permission or an excuse.
Art 41
Marriage is divided into valid and incorrect according to the divisions of marriage in the Sunni and Ja`fari jurisprudence.
Article (42)
a- A correct marriage does not fulfill its principles and conditions and its prohibitions are removed.
B- A valid marriage in all its divisions shall have legal and legal effects since its inception.
Article (43)
1) According to the Sunni jurisprudence, an invalid marriage is something in which one of the pillars of the contract or one of its conditions is missed, or there is an impediment to it.
2) According to the Jaafari jurisprudence, an invalid marriage is something that is missing in which only one of the pillars of the contract is.
Article (44)
An invalid marriage prior to consummation has no effect on the marriage.
Article (45)
1- If one of the pillars of the marriage contract is disturbed.
2- If the woman is forbidden for the man for ever, or temporarily. Knowledge of the prohibition is required, and ignorance is not considered an excuse if his claim is not accepted by someone like his claimant.
3- The absence of the guardian and the two witnesses together in the contract council, in accordance with the Sunni jurisprudence.
1- The sanctity of marriage.
2- Named friendship, or proverbial friendship.
3- Alimony if the woman is ignorant of the corruption of the contract.
4- Proportions.
Art 81
The division falls between spouses:
a) By the will of the husband, it is called divorce.
B) Upon the request of the wife and the consent of the husband with giving compensation, and it is called khula ‘.
C) By judgment, it is called divorce, annulment, or separation, according to the case
Art 115
a) The marriage contract shall be annulled if there is something that prevents it from continuing according to Sharia.
B) The band swearing an annulment.
Article (116)
a) It is permissible for the spouses who have been defrauded to request the annulment of the contract due to fraud.
B) The annulment request shall be extinguished if the defendant was issued a statement indicating his knowledge of this fraud and his consent to that, explicitly or implicitly
Art 140
According to the Jaafari jurisprudence, the testimony of women is accepted in the event of evidence of harm, custody, and other things that women often see.