BAHRAIN-SOGI-TBs-CESCR

Concluding Observations on Report 1 (2022) (Link)

Non-discrimination

14. The Committee is concerned that:

(a) While the constitutional and legislative framework of the State party contains anti-discrimination provisions, there is no comprehensive anti-discrimination legislation and policy framework, and the prevalence of widespread discrimination in practice, stigmatization and negative stereotypes hinder the access of certain individuals and groups, such as persons with disabilities and lesbian, gay, bisexual, transgender and intersex persons, to economic, social and cultural rights (art. 2 (2));

(b) Despite the State party’s efforts to improve their living conditions in recent years, many migrant workers face discrimination in employment and their access to adequate housing, education and health care and services is limited;

(c) Despite the constitutional prohibition of discrimination on the basis of religious affiliation, members of the Shia community and stateless persons, including stateless Bidoon and those who have been deprived of their citizenship, reportedly face discrimination in education, employment and the exercise of their cultural rights.

15. While noting that there is no provision in law that is directly discriminatory, the Committee recommends that the State party:

(a) Adopt comprehensive anti-discrimination legislation and a policy framework aimed at ensuring equality and addressing direct, indirect, multiple and intersecting forms of discrimination on any ground;

(b) Strengthen its efforts to ensure that migrant workers have non- discriminatory access to economic, social and cultural rights, including by protecting them from discrimination in employment and removing the barriers they face with regard to access to adequate housing, education and health care and services;

(c) Take effective measures to eliminate discrimination on the basis of religious affiliation in the enjoyment of economic, social and cultural rights, including by enhancing its efforts to address the discrimination faced by members of the Shia community in education, employment and in the exercise of their cultural rights;

(d) Adopt the measures necessary to prevent and reduce statelessness with a view to guaranteeing the non-discriminatory access of stateless persons to economic, social and cultural rights, and consider ratifying the Convention relating to the Status of Stateless Persons and the Convention on the Reduction of Statelessness;

(e) Take all measures necessary to eliminate negative stereotypes and stigmatization of members of marginalized groups, such as persons with disabilities, persons living with HIV, lesbian, gay, bisexual, transgender and intersex persons and refugees, including through awareness-raising campaigns for the public, health-care providers, teachers, social workers and law enforcement and other public officials;

(f) Establish mechanisms to ensure that victims of discrimination can seek effective remedies;

(g) Take into account the Committee’s general comment No. 20 (2009) on non-discrimination in economic, social and cultural rights.

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