E/CN.4/2002/77/Add.2
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extensively they were involved in the reforms. It also brought the matter up when it visited the
women’s prison and the rehabilitation centre for girls, and at a meeting with women who had
previously been detained under the emergency legislation. These very useful meetings revealed
the kind of problems women encounter and how much progress has been made, and showed the
resolve of the Bahraini authorities, which are a long way ahead of their neighbours in the
advancement of women.
104. The first steps to promote the rights of Bahraini women date back to the beginning of the
century: women received the right to vote in 1920, and their right to education was given
tangible form in 1927 with the opening of the first school for girls. When the country held its
first elections, in 1953, women took part. The women’s movement in Bahrain is the oldest in the
entire Gulf region, and still, today, the most active. The 1973 Constitution affirmed the equal
rights of all citizens: “Citizens shall have the right to participate in the public affairs of the State
and enjoy political rights, beginning with the right to vote, in accordance with this Constitution
and the conditions and procedures set forth in the law” (art. 1(e)).
105. Matters began to deteriorate in 1973: in passing the Elections Act, the first elected
National Assembly challenged women’s right to vote on the grounds that the article 1 of the
Constitution referred to male, not female, citizens. Women face discrimination in other areas of
public life in violation of constitutional principles. Such discrimination is the result of the
dichotomy in the legal systems in force in most Islamic Arab countries: while their Constitutions
proclaim equality between the sexes, when it comes to putting that equality into practice they are
still influenced by Muslim law and the mores of a patriarchal society.
106. In family law, the dichotomy is glaring. The women whom the delegation met
denounced the conservatism of the Shariah court judges who, in the absence of a family code,
have extensive discretionary powers which they often exercise to women’s detriment. When
domestic violence occurs, medical certificates and clear traces of violence are not taken into
consideration: the judges demand eye-witnesses. In the event of divorce, the husband keeps the
house; when a woman sues for divorce the proceedings are costly, uncertain and may drag on for
years. Bahraini women married to bidouns (expatriates) cannot transmit their nationality to their
children.
107. Given this mind-set, women are of course excluded from positions of authority and
certain areas of public life: to this day there are no female judicial officers, although there is no
law banning them from the profession. The delegation did, however, meet some highly qualified
female Bahraini legal scholars, practising as lawyers, university lecturers or militant human
rights activists in the women’s movement.
108. The women’s movement, which first emerged in 1969, is especially active. Contacts
with women’s associations gave the delegation the opportunity to meet some women of
admirable fortitude who had been involved in the events Bahrain had undergone: they had been
imprisoned, some had been tortured, but they were continuing to do battle to change social mores
vis-à-vis women.
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