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SUBMISSION TO THE COMMITTEE ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN

On the occasion of the review of Bahrain's Third Periodic Report at the Committee’s pre-sessional working group, July 2013

Submitted by The Bahrain Centre for Human Rights (BCHR) with the support of FIDH

Excerpt:

Chapter I. A discriminatory legal framework

By ratifying the CEDAW Convention, Bahrain undertook to eliminate all forms of discrimination against women. However, many forms of gender-based discrimination remain evident in Bahrain.

Women in Bahrain continue to be victims of discriminatory laws and practices, in both the public and the private spheres.

1. Impact of the reservations to CEDAW on women’s rights

Bahrain ratified the CEDAW Convention in 2002 with reservations to key provisions. According to the reservations, the following provisions apply only as far as they are compatible with the provi -sions of Sharia: article 2 (adoption of measures to eliminate discrimination); article 9(2) (transmission of nationality to children); article 15(4) (freedom of movement and the choice of residence); and article 16 (marriage and divorce).

In its concluding observations of October 2008, the CEDAW Committee called on Bahrain to withdraw its reservations, stressing that these reservations are “contrary to the object and purpose of the Convention”. Yet, the Government of Bahrain has not carried out any action in this regard since the 2008 review.

These reservations echo back a discriminatory legal framework as well as practices that undermine gender equality and the human rights of women in Bahrain.

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