Cases of dismissal and suspension from work and the acquittal of all female employees of government agencies, all of whom have been reinstated

Number

1

Number of female employees acquitted and reinstated to government agencies

5

2

Number of dismissed female employees reinstated to government agencies

92

3

Number of female government employees suspended from work, docked pay as a disciplinary sanction and reinstated

779

Total

876

Health

Question 20. “Please provide information about the number of women using family planning services, including modern contraceptives, and clarify whether decisions about birth control can be taken by a woman without the consent of her husband. Please indicate how the State party is monitoring the effective implementation of the policy stating that women can consent to a caesarean section and relevant medical treatment without the authorization of any other person, including that of their husband (para. 135).”

The Ministry of Health provides, through specialized clinics in all health centres, ongoing health guidance and awareness-raising programmes, reproductive health programmes, and programmes concerning family planning, in accordance with the appropriate means selected by the woman in collaboration with her husband. Clinical examination is performed in the primary health-care clinics. The Motherhood and Childhood Services Section provides follow-up. Guidance manuals and booklets are available to provide information on this service and to explain types and methods of family planning. In 2012, 3,307 women benefited from government services that provided contraceptives.

A woman does not require her husband’s consent in order to be prescribed any type of contraception. Various means of family planning are discussed with the woman. All health services and care are provided to women based on their request. The provision of care and services is not contingent on the husband’s permission, especially as the social reality is that both the husband and wife participate jointly in family planning.

Current procedures do not require a husband’s consent for a caesarean section. Under the law, a woman whose health condition renders her competent to make a decision may personally make that decision. During the past two years, no caesarean section has been precluded due to a husband’s objection. Generally, the medical team educates the couple on the importance of performing a caesarean section, should it become medically necessary.

Marriage and family relations

Question 21. “Please provide information on measures taken by the State party to adopt a unified family code that provides women with equal rights relating to marriage and family relations, in line with the Convention and as recommended by the Committee ( CEDAW/C/BHR/CO/2 , para. 39). Please indicate the steps that have been taken to raise the minimum age of marriage for girls from 15 to 18 years. Please also indicate any measures being taken to address significant legal, financial and societal hurdles that women face compared to men if they want to obtain a divorce ( CEDAW/C/BHR/CO/2 , para. 41).”

The Family Law (Part 1), which concerns the Sunni sect, was promulgated under Law No. 19 of 2009. The Supreme Council for Women has prepared a study on the effect of the application of the Family Law (Part 1). The study aims to:

Ascertain in a detailed manner the effects of the law on Bahraini society and whether the provisions of the law are suited to the regulation of the various relationships among family members and whether the provisions strengthen family cohesion and prevent the collapse and fragmentation of the family;

Highlight the urgent need to promulgate part 2 of the law, which concerns the Jafari sect, to complete the legal system for preserving Bahraini family members’ rights and family cohesion and thus entrench the principles of Bahrain's Constitution, which affirm the value of the family as the foundation of society.

Part 2 of the law, which concerns the Jafari sect, has not been promulgated, because it has not been approved by a number of members of the Council of Representatives. The concerned bloc has moved to withdraw the draft from Parliament. The Government is currently seeking to prepare society to accept Part 2 by raising awareness of the importance of promulgating the law. A number of members of the Council of Representatives have submitted a bill to promulgate the Family Law (Part 2) for the Jafari sect. The bill has yet to be presented for discussion.

Measures to adopt a uniform family code

Promulgation of the Family Law (Part 1), which is available to any Bahraini family;

Amendment of the marriage contract document;

Regulation of the activity of officials authorized to perform marriages according to administrative regulations, particularly refrainment from relying on undocumented marriage contracts and verification of the consent of the woman or her guardian to the conclusion of the marriage contract.

Measures to raise the minimum age for marriage of girls

The Family Law (Part 1), article 18, stipulates that “marriage of a minor female below the age of 16 shall be with the consent of the sharia court after the appropriateness of the marriage is ascertained”. Hence, the judiciary is required to supervise and authorize the marrying of minor females. There are in fact virtually no cases of the marriage of minor females owing to the educational level in Bahraini society.

The Family Law (Part 1), article 35 (d), also requires that a judge determine the appropriateness of the age of the two parties before permitting them to marry, as follows: “Proportionality between the ages of the members of the couple is deemed a right of the female alone”.

Measures to reduce legal and financial hurdles to women wishing to obtain a divorce

The fee for bringing a legal action is nominal (4 dinars, which is equivalent to 11 American dollars). In many cases, women unable to pay the fee are exempted from paying it upon their request.

The Ministry of Justice or Supreme Council for Women provide legal assistance to needy women in legal actions and claims arising from or related to legal actions.