ISI Database on Statelessness and
Human Rights

124.242 Provide legal guarantees to stateless persons to obtain Bahraini nationality, including through the adoption of laws that allow women to transmit nationality to their children.

124.234 Amend legislation to allow Bahraini women to pass on their nationality to their children. 

124.238 Amend and harmonize laws and policies to ensure Bahraini women the right to pass citizenship to their children. 

124.233 Take steps to end discrimination against women, including by allowing Bahraini women to transfer their Bahraini citizenship to their children.

124.170 Repeal all discriminatory provisions against women in legislation, including on the freedom of movement and on the right to transmit nationality, to divorce and to inherit, in order to ensure gender equality.

57.203 – Consider the adoption of a new reform of the Moudawana in order to abolish polygamy, decriminalize sexual relations outside marriage, guarantee equality between women and men in matters of legal guardianship, inheritance or transmission of nationality, in accordance with the Convention on the Elimination of All Forms of Discrimination against Women. 

6. Recalling its guidelines for reporting under the Convention, 3 the Committee recommends that, in its next periodic report, the State party provide statistics on the ethnic composition of the population, including asylum-seekers, refugees, stateless persons and migrant workers, and on the enjoyment of economic, social and cultural rights, disaggregated by ethnic origin and by national origin, in order to provide the Committee with an empirical basis for evaluating the equal enjoyment of rights under the Convention.

22. In the light of its general recommendation No. 30 (2004) on discrimination against non-citizens, especially paragraph 16 on reducing statelessness, in particular statelessness among children, the Committee recommends that the State party expeditiously bring its legislation into line with the Convention by amending its Citizenship Act to eliminate provisions that discriminate against foreign nationals married to Bahraini women and against the children of Bahraini women married to foreign nationals, and add provisions allowing Bahraini women to transmit their nationality to their foreign-national spouses and to their children from birth, on an equal footing with men. The Committee also recommends that the State party ensure that particular groups of non-citizens are not discriminated against with regard to access to citizenship compared to others.

24. The Committee recommends that the State party revise the Citizenship Act, including its provisions on deprivation of nationality, to ensure that its application does not result in statelessness and that the Government cannot revoke the citizenship rights of persons exercising their fundamental rights, including the rights to freedom of expression, assembly and association, with a view to preventing statelessness, and consider ratifying the Convention relating to the Status of Stateless Persons and the Convention on the Reduction of Statelessness. The Committee also recommends that the State party find a durable solution to the problems faced by Bidoon, including by considering naturalizing all those who have lived in Bahrain for long periods and have a genuine and effective link to the country. The Committee further recommends that the State party put into place immediate administrative procedures to allow all stateless persons, including Bidoon, to have effective access to basic human rights and to obtain official documents, including birth registration documents.

Ratification of other treaties

35. Bearing in mind the indivisibility of all human rights, the Committee encourages the State party to consider ratifying those international human rights treaties that it has not yet ratified, in particular treaties with provisions that have direct relevance to communities that may be subjected to racial discrimination, including (...) the Convention relating to the Status of Stateless Persons and the Convention on the Reduction of Statelessness.

Paragraphs of particular importance

44. The Committee wishes to draw the attention of the State party to the particular importance of the recommendations contained in paragraphs 10 (legal framework for combating racial discrimination), 12 (special measures), 18 (racist hate speech and hate crimes), 20 (civil society organizations) and 24 (statelessness) above and requests the State party to provide detailed information in its next periodic report on the concrete measures taken to implement those recommendations.

11. (...) In the light of its general comment No. 5 (2003) on general measures of implementation of the Convention, the Committee recommends that the State party:

(a) Continue strengthening its unified data collection system and ensure that data collected on children’s rights cover all areas of the Convention, and are disaggregated by age, sex, disability, geographical location, ethnic and national origin and socioeconomic background, to facilitate analysis of the situation of children, in particular those in situations of vulnerability, including girls, children who do not possess Kuwaiti nationality and those who are stateless (bidoon) and children with disabilities;

17. Noting that children who do not possess Kuwaiti nationality and those who are stateless represent approximately half of the total number of children in the State party, the Committee remains extremely concerned that that group of children experience widespread discrimination in access to basic social services, including education and health care, and is also the target of hate speech. The Committee is very concerned about the persistence of discrimination against girls, both in law and in practice, in the State party, notably as codified in the Personal Status Act and in the Criminal Code (No. 16 of 1960), and concerning child marriage, protection from homicide, rape, abduction and access to sexual and reproductive health information and services, as well as the insufficient measures taken to prevent and eliminate gender-based discrimination. 

18. Taking note of targets 5.1 and 10.1 of the Sustainable Development Goals, and recalling the commitments made by the State party in the context of the third cycle of the universal periodic review, the Committee reiterates its previous recommendations and urges the State party to implement the legal principles of nondiscrimination, as articulated in the Constitution as well as in article 3 of the Child Rights Act, including by:

(a) Repealing all laws and eliminating all practices that are discriminatory, paying special attention to the situation of girls and children who do not possess Kuwaiti nationality and those who are stateless, with a view to ensuring that all children can enjoy their rights, on an equal basis, under the Convention;

(b) Mobilizing communities and the public at large by undertaking systematic efforts, in collaboration with the mass media, social networks and community and religious leaders, to change discriminatory attitudes and practices towards girls, children who do not possess Kuwaiti nationality and those who are stateless, with a view to also combating hate speech against migrant and stateless children. 

20. While noting the creation of student councils and parliament, the Committee is concerned about the extent to which conclusions and recommendations put forward by children are taken into consideration in decision-making processes. In the light of its general comment No. 12 (2009) on the right of the child to be heard, and recalling its previous recommendation, the Committee recommends that the State party:

(a) Ensure that the student councils and parliaments are composed of diverse representation of Kuwaiti society and in particular children from marginalized and disadvantaged communities, including girls, children with disabilities, children who do not possess Kuwaiti nationality and those who are stateless, and ensuring that the outcomes of children’s council and parliament sessions are systematically fed into public decision-making;

21. (...) (b) Statutory provisions permitting a Kuwaiti woman who is divorced or widowed to transmit her nationality to her child are not consistently applied in practice;

(c) Children born to migrant parents who are unmarried are summarily expelled from Kuwait within a month following their birth.

22. Taking note of target 16.9 of the Sustainable Development Goals and recalling its previous recommendation, 15 the Committee urges the State party to:

(a) Ensure the right of all children, without exception, to be registered at birth and acquire a nationality, establishing as a priority the situation of stateless children born outside health facilities;

(b) Set a clear time frame to review the Nationality Act to remove discriminatory provisions, with a view to ensuring that revisions are in line with the best interests of the child;

(c) Ensure that the best interests of the child are a primary consideration in all administrative and judicial proceedings involving the children of migrants, including expulsion proceedings;

(d) Review the draft legislation on nationality and citizenship presented by the Speaker of the National Assembly to facilitate the acquisition of nationality for children who would otherwise be stateless, regardless of their parents’ citizenship, residence, legal or marital status, with particular attention given to children who do not possess Kuwaiti nationality and those who are stateless, ensuring that it is in line with international human rights law;

(e) Seek technical assistance from the Office of the United Nations High Commissioner for Refugees to reach a solution for stateless people, in line with international standards, and follow a procedure to end statelessness for that population, including children, on a case-by-case basis;

(f) Consider ratifying the Convention Relating to the Status of Stateless Persons and the Convention on the Reduction of Statelessness.

27. In the light of its general comment No. 13 (2011) on the right of the child to freedom from all forms of violence, and taking note of target 16.2 of the Sustainable Development Goals, the Committee urges the State party to:

(a) Finalize and adopt the protocol being developed by the High Committee for the Protection of Children on the management of cases of the ill-treatment, neglect and exploitation of children, ensuring that it is inclusive of the special needs of children who are in situations of vulnerability, such as girls, children who do not possess Kuwaiti nationality and those who are stateless and children with disabilities;

33. While the Committee takes note of the provision of a monthly allowance for children with disabilities, it is concerned that children with disabilities who do not possess Kuwaiti nationality and those who are stateless are not included as beneficiaries of the Rights of Persons with Disabilities Act (No. 8 of 2010). With reference to its general comment No. 9 (2006) on the rights of children with disabilities, the Committee recalls its previous recommendations22 and further recommends that the State party:

(a) Enable all children with disabilities living in the State party, including children with disabilities who do not possess Kuwaiti nationality and those who are stateless, to claim and have access to their rights without discrimination, in accordance with the human rights-based approach to disability, and protect them from all forms of disability-based discrimination;

34. Welcoming the 1,000+ Days initiative, focusing on the well-being of children from infancy to 4 years of age, the Committee, with reference to its general comment No. 15 (2013) on the right of the child to the enjoyment of the highest attainable standard of health, and taking note of targets 3.2 and 3.8 of the Sustainable Development Goals, recommends that the State party:

(a) Ensure effective access to the public health-care system for all children resident in Kuwait by removing the requirement for children who do not possess Kuwaiti nationality and those who are stateless to pay a service fee;

(b) Strengthen measures to reduce, among the non-national and stateless population, the rates of mortality among infants and children under 5 years of age resulting from preventable causes;

39. (...) (b) Ensure the implementation of Decrees No. 224 and No. 225 of 2014 and Decree No. 116 of 2016, issued by the Ministry of Education, to facilitate access to education for children who do not possess Kuwaiti nationality and those who are stateless. 

41. The Committee has been informed that children, and disproportionately those who are stateless and migrants, continue to be engaged in the informal sector, often as domestic workers, and in exploitative conditions, some of whom are also subjected to trafficking. Taking note of target 8.7 of the Sustainable Development Goals, it recommends that the State party:

(a) Adequately resource the Department for Regulating the Recruitment of Domestic Workers to enable it to effectively carry out its mandate to monitor the recruitment processes in line with the Domestic Workers Act (No. 68 of 2015), and specifically its prohibition of the recruitment of domestic workers who are under 21 years of age;

(b) Strengthen inspection mechanisms in all places of employment, including in private homes, ensuring that the outcome of inspections noting contraventions of the law are referred directly to the public prosecutor, so as to prevent impunity and retaliation against children;

(c) Build the capacity of employers, workers and law enforcement authorities to identify children who are victims of exploitation or trafficking and to refer them to appropriate assistance and protection services;

(d) Conduct awareness-raising activities on the dangers of trafficking for parents, the community and children.

43. Recalling its previous concluding observations on the report of the State party submitted under article 8 of the Optional Protocol,26 the Committee recommends that the State party provide systematic training programmes on the provisions of the Optional Protocol for personnel responsible for the identification and referral of stateless children who may have been recruited or used in hostilities abroad, ensuring that they are provided with protection and assistance for their full physical and psychological recovery and social reintegration, and paying particular attention to children in marginalized and disadvantaged situations.

42. (...) (c) Immediately cease immigration detention of children, whether unaccompanied, separated from their parents or together with their families, and of other vulnerable groups of migrant workers and members of their families, as well as asylum-seekers, refugees and stateless persons;

(d) Ensure that: 

(iv) In line with its human rights obligations, alternative measures to detention are considered and made use of before imposing detention measures. The Committee recognizes alternatives to detention as being all community-based care measures or non-custodial accommodation solutions – in law, policy or practice – that are less restrictive than detention and must be considered in the context of lawful detention decision procedures to ensure that detention is necessary and proportionate in all cases, with the aim of respecting the human rights and avoiding the arbitrary detention of migrants, asylum-seekers, refugees and stateless persons;

50. In line with joint general comments No. 3 and No. 4 of the Committee/No. 22 and No. 23 of the Committee on the Rights of the Child (2017) on the human rights of children in the context of international migration, and in accordance with target 16.9 of the Sustainable Development Goals, the Committee recommends that the State party:

(a) Ensure, also in order to reduce the risk of them becoming stateless, that:

(i) All children of Syrian migrant workers abroad and children born on the territory of the State party, in particular children born to migrants in an irregular situation and asylum seekers, are registered at birth and issued personal identity documents;

(ii) Systematically provide alternative and simple identity determination procedures for persons, including migrant workers and members of their families, who face challenges in accessing their civil documentation, as committed during the interactive dialogue and the State party’s universal periodic review; 

(iii) It raises awareness on the importance of birth and other forms of civil registration among them;

(b) Amend discriminatory legislation relating to nationality to ensure that women migrant workers or women who are members of the family of a migrant worker are legally able to acquire, transfer to their children, retain and change their nationality equally to men;

(c) Establish an effective statelessness determination procedure with specific procedural considerations and safeguards given the critical role of nationality for all people, including migrant workers and members of their families, and provide information, including statistics, in its next periodic report on the extent of the phenomenon;

(d) Ratify or accede to the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness.

6. The Committee recommends that the State party produce statistical data, disaggregated by sex and age, on the socioeconomic situation of ethnic groups and foreign nationals, including asylum-seekers, refugees and stateless persons, and on their access to education, employment, health care and housing and their representation in public and political life, where applicable, with a view to creating an empirical basis for assessing the equal enjoyment of the rights enshrined in the Convention.

24. The Committee recommends that the State party expedite the adoption of the new nationality code in order to put an end to discrimination against Beninese women with regard to the transmission of nationality.

25. (...) However, it remains concerned about the situation of a large number of stateless persons living on Île aux Oiseaux, over which Benin has exercised jurisdiction since 2005, when the International Court of Justice ruled on a border dispute between Benin and Niger, and about the fact that a solution has still not been found (arts. 2 and 5). (...)

26. The Committee recommends that the State party expedite and improve access to birth registration within the framework of the identification programme launched in 2017; fulfil its commitment to allow all inhabitants of Île aux Oiseaux wishing to apply for Beninese nationality to do so; and expedite the adoption of the new nationality code so that the jus soli principle may be applied in respect of children of unknown nationality or parentage. It also recommends that the State party provide, in its next periodic report, more detailed information on the implementation and assessment of the National Action Plan against Statelessness.

28. The Committee recommends that the State party expedite the adoption of the bill on the status of refugees and stateless persons in Benin and pursue its asylum policy in a manner that promotes integration and non-discrimination. It invites the State party to provide comprehensive and up-to-date information on reception conditions for asylum-seekers and refugees in its next periodic report.

46. The Committee wishes to draw the attention of the State party to the particular importance of the recommendations contained in paragraphs 12 (national human rights institution), 26 (stateless persons), 30 (situation of persons with albinism) and 36 (education on human rights and remembrance of the transatlantic slave trade) above and requests the State party to provide detailed information in its next periodic report on the concrete measures taken to implement those recommendations.