this father or the grandfather was born in Bahrain. (C) Born in Bahrain or abroad, after the
effective date of this Act, and his mother, at the time of birth was a Bahraini national provided
that father was unknown, without nationality or fatherhood was not substantiated.
The law is therefore based on paternal jus sanguinis, which means that nationality is only
transferred through a Bahraini male. Women cannot transmit their nationality to their children or
husbands. According to this law, Bahraini mothers can only confer their nationality to their
children when the father is unknown or not legally related to the children.
15. Bahrain is thus, one of 27 countries around the world that continues to discriminate against
women in their ability to confer their nationality to their children on an equal basis with men.
Given that gender discrimination in nationality laws has no basis under international human rights
law, that it is easily remedied through law reform and that it continues to have significant
detrimental human rights impacts including statelessness, the international community has come
together to address this phenomenon under the banner of the Global Campaign for Equal
Nationality Rights.20 Furthermore, UNHCR’s Global Campaign to end statelessness prioritises the
removal of gender discrimination from nationality laws through its Action Point 3.7.21
16. The discriminatory nature of Bahraini nationality law also puts children at heightened risk of
statelessness. When a child cannot obtain the nationality of the father, they are at heightened
risk of becoming stateless.22 With a substantial number of stateless individuals in the country, this
is a particular problem as if the father is stateless, the child will then become stateless regardless
of the status of the mother. In order to transfer nationality to their children, unless the father is
stateless, women have to actively demonstrate that the father is unknown or that fatherhood was
not substantiated, which can be very difficult to do, especially in a culture where having children
outside of wedlock is often not accepted and may lead to stigmatisation, further exacerbating the
risk that their children will remain stateless. The poor implementation of this criteria also raised
questions, as many Bahraini women married to Bidoon men have not been able to transfer their
nationality to their children.
17. Despite Bahrain’s commitment during its 2012 UPR to amend its law, and although there have
been some discussions on amending this law, there has been no law reform to date. It must be
noted however, that there have been some steps taken to resolve this problem. In 2013 for
example, the General Secretary of the High Council of Women in Bahrain stated that more than
3.000 children of Bahraini women married to non-Bahraini nationals were granted Bahraini
nationality by Royal Decree. However, these types of royal decrees are piecemeal and arbitrary
20
The Global Campaign for Equal Nationality Rights (the Global Campaign) is a coalition of international and
national organisations that promotes gender equality in nationality laws, so that women and men can confer,
acquire, change and retain their nationality on an equal basis. The Campaign has a Steering Committee comprising
Equality Now, Equal Rights Trust, the Institute on Statelessness and Inclusion, UNHCR and Women’s Refugee
Commission. The Campaign was launched in June 2014 at a Side Event at the 26th Session of the Human Rights
Council in Geneva, and has conducted numerous international advocacy activities to encourage states that still
maintain gender discriminatory nationality laws to reform their laws and bring them into compliance with
international human rights standards.3
21
See UN High Commissioner for Refugees (UNHCR), Global Action Plan to End Statelessness, 4 November
2014, available at: http://www.refworld.org/docid/545b47d64.html
22
For more information see UNHCR, Background Note on Gender Equality, Nationality Laws and Statelessness
2016, 8 March 2016, available at: http://www.refworld.org/docid/56de83ca4.html