BAHRAIN-SOGI-TBs-CCPR

Concluding Observations on Report 1 (2018) (Link)

Discrimination on grounds of sexual orientation and gender identity

23. While noting the State party’s affirmation that no trials have been conducted on the basis of gender identity or homosexual behaviour, the Committee is concerned about the criminalization of homosexual acts, which are punishable when they take place in public spaces, according to articles 326, 346 and 350 of the Bahrain Criminal Code (1956) (arts. 2, 17 and 26).

24. While acknowledging the diversity of morality and cultures internationally, the Committee notes that State laws and practices must always be subject to the principles of universality of human rights and of non-discrimination and that a failure to comply with the obligations contained in the Covenant cannot be justified by reference to political, social, religious, cultural or economic considerations within the State. The State party should decriminalize sexual relations between consenting adults of the same sex. The State party should also prohibit and prevent all forms of discrimination against persons based on their sexual orientation or gender identity.

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