Bahrain : In every society, the situation of women is the main criterion of its interaction with the requirements of modern life, including democratic values, respect for citizenship and support for human rights issues.
The National Action Charter and the 2002 Constitution confirmed the legitimacy of women’s rights. The amendments introduced in 2002 to the Constitution of 1973 affimed the importance of achieving the principle of equality of all citizens without any discrimination to rights and duties on grounds of gender, origin, language, religion or belief, which has boosted women’s role in the development march and legitimised it.
The amendments to the Constitution of 2002 were the outcome of the National Dialogue that had engaged all segments of the Bahraini society, launched by HM King Hamad through the issuance of the Amiri Decree No. 36 on November 22nd, 2000 on the formation of the National Action Charter Preparatory Committee, consisting of 46 members, including six women, who represented women at the dialogue.
Women played a crucial role in the meetings of the Preparatory Committee and at the general referendum, held on February 14 and 15, 2001. The referendum was approved by 98.4% of voters, in which female citizens represented 49%. The massive women participation reflected their positive response to their new role in the new-look political life in the kingdom.
Following the approval of the National Action Charter by a sweeping majority, HM King Hamad issued, on February 14th, 2001, Royal Decree No. 6 for 2001 on the establishment of the “the Activation of the National Action Charter Commission” with a mandate to review all national laws and propose the necessary amendments and mechanisms to implement the National Action Charter.
The Commission was formed as per Cabinet Resolution (15) of 2001, under the chairmanship of His Royal Highness Prince Salman bin Hamad Al Khalifa and membership of 16 members, among whom were women lawyers. After a year-long of hard-work and continuous meetings, the amended constitution was issued on February 14th, 2002, including many principles that clearly promote women’s role in society.
Constitutional Guarantees for Women’s Rights:
The kingdom’s constitution stipulates that all citizens are equal before the law in rights and obligations, and guarantees protection for maternity and individual family members. It also lays emphasis on the State’s support for women’s rights and equality with men in all fields, including political ones. More im;portantly, the 2002 Constitution recognised the rights of both men and women to exercise political rights- the only Arab constitution to contain such a provision.
1. Guaranteeing the Equality Right:
The amended constitution of 2002 contained provisions that overtly confirm the equality of citizens regardless of their sex, origin, language or faith, which is a principled recognition of equality that promotes the values of citizenship and democracy and make the citizens equal before the law in both duties and rights. According to article (4), “Freedom, equality, security, trust, knowledge, social solidarity and equality of opportunity for citizens are pillars of society guaranteed by the State.” Furthermore, article (18) stipulates that “People are equal in human dignity, and citizens are equal before the law in public rights and duties. There shall be no discrimination among them on the basis of sex, origin, language, religion or creed.” As well as that, paragraph (b) of article (5), indicating that “The State guarantees their (women’s) equality with men in the political, social, cultural, and economic spheres without breaching the provisions of Islamic Shari’a”, openly confirming equality of men and women in all fields.
Besides, the constitutional equality underlined the principles of citizenship, making all holders of the Bahraini nationality equal before the law in both rights and duties. Article (17) stipulates stating that “Bahraini nationality shall be determined by law. A person inherently enjoying their Bahraini nationality cannot be stripped of his nationality except in case of treason, and such other cases as prescribed by law.”
These articles, which laid the foundation for the principle of equality among all the citizens, will be the basis of all state decisions and laws. Therefore, they will affect women directly and indirectly.
Based on these articles, we can draw the following remarks:
– The law recognises the principle of equality, which lays the foundation basis for citizenship and paves the way for genuine democratic practices that allow women to obtain their rights either directly, through enabling them to enjoy them, or indirectly through creating suitable conditions for that to take place.
– The constitution considers Islam as the basis for achieving equality between men and women, which has two main implications: the importance of reconciling Islamic values and the social culture, as the best means to increase popular acceptance of the rights granted to women, in addition to the kingdom’s political leadership’s awareness of the Islamic teachings which ensured women the right to enjoy equal rights.
– The recognition of the principle of equal opportunities as the basis for exercising social, political and economic rights.
– The constitution stipulates that the citizens are equal in both duties and rights, which will motivate women to exert more efforts and participate more effectively in public affairs.
– The constitution considers human dignity requires treating all people on equal footing regardless of their differences, which means that men’s dignity depends on their respect for that of women, and vice-versa.
– The constitution stipulates that the law shall be reinforced through judicial institutions, which will ensure justice and equality between men and women.
– The constitution made the trilogy of freedom, equality and security as basic integral pillars that complete each other, which makes the recognition of equality between men and women meaningless if society does not accept women’s freedom or life in insecurity.
– The constitution grants immunity to what it considered as fundamentals of the ruling system, as stipulated in paragraph (c) of article (120) which says that “it is not permissible under any circumstances to propose the amendment to the bi-cameral system and the principles of freedom and equality established in this Constitution.”
2. Political Participation Right:
The 1973 Constitution did not grant women their political rights as the principles of equality between “citizens” were seen as exclusive to men. However, the 2002 Constitution guaranteed political rights for women, both as voters and candidates. According to paragraph (e) of article (1), “Citizens, both men and women, are entitled to participate in public affairs and may enjoy political rights, including the right to vote and to stand for elections, in accordance with this Constitution and the conditions and principles laid down by law.”
The above article allows women to take part in public affairs, including political ones directly and explicitly. The importance of this is twofold. The first is that it does not restrict women’s participation to voting only, but also to run for parliamentary and municipal elections, which requires them to raise and discuss public issues and laws, audit work of government programmes and be responsible for planning local policies. As to the second, the constitution granted women political rights in a general way, which implies that they are not confined to election-related ones only, but also involve the acquisition of political knowledge, and joining political associations, among others that fall under the political field.
3. Right to Work:
The constitution ensures all Bahraini citizens the right to work and participate in all economic activities, without discrimination, which allows women to take part in the production process within their society, as outlined in paragraph (b) of article (16) which asserts that “Citizens are equal in the assumption of public posts in accordance with the conditions specified by law.” The conditions are described in article (13) as follows:
– Work is the duty of every citizen, required by personal dignity and is dictated by the public good. Every citizen has the right to work and choose the type of work within the bounds of public order and decency.
– The State guarantees the provision of job opportunities for its citizens and the fairness of work conditions.
– Compulsory work may not be imposed on anyone except in the cases specified by law for national necessity and for a fair remuneration or in implementation of a judicial ruling.
– The law regulates the relationship between employees and employers on economic basis while observing social justice.
So, it is clear that the constitution allows all citizens, men and women, to participate in economic activities, either as employers or as employees, within a framework of total legal equality.
Moreover, the constitution does not neglect women’s social and family obligations as mothers and wives and provides guarantors that enable them to balance between their work and families, which will solve a problem that has always prevented women from joining the labour market.
4. Right to Education:
According to article (7) of the constitution, “The State sponsors sciences, humanities and arts, and encourages scientific research. The State also guarantees educational and cultural services to its citizens. Education is compulsory and free in the early stages as specified and provided by the law. The necessary plan to combat illiteracy is laid down by law.”
– The law regulates care for religious and national education in the various stages and forms of education, and at all stages. It also develops the citizens’ personality and pride in their Arab identity.
– Individuals and entities may establish private schools and universities under the supervision of the State and in accordance with the law.
– The State guarantees the inviolability of the places of learning.
The above article proves that the constitution guarantees education to all citizens in the kingdom, without exception or discrimination, which is another manifestation of the equality principle adopted as the basis for the exercise of the political, economic and social rights secured by the constitution for all Bahrainis.
