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Bahrain

Summary of Domestic Prohibition

Slavery and slave trade

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.

Practices similar to slavery and servitude

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.

Servitude

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.

Forced or compulsory labour

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.

Human trafficking

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.

Forced marriage

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.

Consent to marriage

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.

Servile marriage

There appears to be no legislation in Bahrain that prohibits servile matrimonial transactions.

Marriage trafficking

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.

Minimum age for marriage

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.

Region

Asia-Pacific

Regional Court

Not party to a court

Legal System

Mixed

International Instruments

1926 Slavery Convention
Not Party
1953 Protocol to the Slavery Convention
Not Party
1956 Supplementary Slavery Convention
27 March 1990
1966 ICCPR
20 September 2006
1930 Forced Labour Convention
11 June 1981
2014 Protocol to the 1930 Forced Labour Convention
Not Party
1957 Abolition of Forced Labour Convention
14 July 1998
1999 Worst Forms of Child Labour Convention
23 March 2001
2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons
07 June 2004
1998 Rome Statute of the ICC
Not Party
1956 Supplementary Slavery Convention
27 March 1990
1966 ICCPR
20 September 2006
1966 Optional Protocol to the ICCPR
Not Party
1966 ICESCR
27 September 2007
2008 Optional Protocol to the ICESCR
Not Party
1962 Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages
Not Party
1957 Convention on the Nationality of Married Women
Not Party
1989 Convention on the Rights of the Child
13 February 1992
2000 Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography
21 September 2004
2011 Optional Protocol to the CRC on a communications procedure
Not Party
1979 Convention on the Elimination of All Forms of Discrimination against Women
18 June 2002
1999 Optional Protocol to CEDAW
Not Party
1978 Convention on the Celebration and Recognition of the Validity of Marriages
Not Party
2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons
07 June 2004
1998 Rome Statute of the ICC
Not Party
1999 Worst Forms of Child Labour Convention
23 March 2001

International Obligations

  • Slavery
  • Servitude
  • Institutions and Practices Similar to Slavery
  • Forced Labour
  • Human Trafficking
  • Marriage Trafficking

Regional Organisations

  • Asia Cooperation Dialogue
  • Organisation of Islamic Cooperation
  • Arab League

Legislative Provisions

ENGEN REPORT

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.

THE CONSTITUTION OF THE KINGDOM OF BAHRAIN (2002)

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

The Constitution of the Kingdom of Bahrain 2002 (PDF)

BAHRAIN PENAL CODE, 1976

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.

LAW NO 36 OF 2012 – LABOUR LAW

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.

Law No.36 of 2012 – Labour Law (PDF)

LAW NO.1 OF 2008 WITH RESPECT TO TRAFFICKING IN PERSONS

Article (1)

  1. For the purpose of implementing the provisions of this Law, trafficking in persons shall mean the recruitment, transportation, transfer, harbouring, or receiving persons, by means of threat or the use of force or other forms of coercion, abduction, fraud, deceit, abuse of power or of position or any other direct or indirect unlawful means.

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.

  1. Recruitment, transportation, transfer, harbouring, or receiving of persons who are less than eighteen years of age or who are in a condition or personal state in which their consent or freedom of choice cannot be guaranteed shall be deemed as trafficking in persons if the intent is to exploit them even if such act is not accompanied by any of the means provided for in the preceding paragraph.
  2. The perpetrator shall be presumed to have knowledge of the real age of the victim who is not eighteen years of age.

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)

MINISTERIAL ORDER NO 23 OF 2013

Note: Prohibition of hazardous occupations or activities for children, articles 1 and 2

BAHRAIN’S DEFENSE FORCE ACT, LAW NO 32 OF 2002

Note: (article 24) minimum age for voluntary military service 18 years (no conscription)

THE MINERALS LAW 2010 ARTICLE 76: PROHIBITION OF FORCED EMPLOYMENT

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.

LAW NO.1 OF 2008 WITH RESPECT TO TRAFFICKING IN PERSONS

Article (1) 

  1. For the purpose of implementing the provisions of this Law, trafficking in persons shall mean the recruitment, transportation, transfer, harbouring, or receiving persons, by means of threat or the use of force or other forms of coercion, abduction, fraud, deceit, abuse of power or of position or any other direct or indirect unlawful means.

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. 

  1. Recruitment, transportation, transfer, harbouring, or receiving of persons who are less than eighteen years of age or who are in a condition or personal state in which their consent or freedom of choice cannot be guaranteed shall be deemed as trafficking in persons if the intent is to exploit them even if such act is not accompanied by any of the means provided for in the preceding paragraph.
  2. The perpetrator shall be presumed to have knowledge of the real age of the victim who is not eighteen years of age.

 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

LAW NO. (19) OF 2017 PROMULGATING THE FAMILY LAW

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: 

  1. a)       Take care of her and spend on her and be with her kindly.
  2. B)  Not to be exposed to her own money, and she has the right to dispose of it with good.
  3. C)    Not to harm it materially or mentally.

Dr)      Justice in staying overnight and spending when combining two or more. 

  1. H)       Allow her to be related to her kindness.

And the)     Not to deprive her of his descendants. 

 Article (40) 

The rights of the husband over the wife: 

  1. a)       Take care of him, obey him, and be with him kindly.
  2. B)  Take care of his children from them.
  3. C)    To keep it in herself, his money and his house if he attended or was absent.

Dr)      Not abstaining from having children without his permission or an excuse. 

  1. H)       Not to leave the marital home without a legitimate 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. a)       An invalid marriage after consummation does not result in any of the effects of marriage in the following cases:

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. B)  An invalid marriage, after entering into other than what was previously mentioned, has the following effects:

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 

  1. a)       According to Sunni jurisprudence, the testimony of women is accepted in the event of evidence in marriage, divorce, harm, custody and other things that women often see.

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. 

  1. B)  The testimony of the relative and those related to the witness shall be accepted if he is qualified to testify.
  2. C)    The evidence of harm is considered as evidence