Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Rape and Domestic Violence: Rape is illegal, although the criminal code allows an alleged rapist to marry his victim to avoid punishment. The law does not address spousal rape. Penalties for rape include life imprisonment and execution in cases where the victim is a minor younger than 16 or when the rape leads to the victim’s death.
The law states violence against women is a crime, and during the year government leaders and members of parliament participated in awareness-raising activities to include debates on additional legislation. According to reports from the BCHR, 30 percent of women experienced some form of domestic abuse. Authorities devoted little public attention to the problem. The government maintained the Dar al-Aman Shelter for women and children who were victims of domestic violence. Victims of domestic violence, however, reported difficulty knowing whom to contact or how to proceed when filing a complaint.
The government increased its documentation and prosecution of physical or sexual abuse of women. The Ministry of Justice reported documenting 3,500 cases of physical or sexual abuse as of September, four times the number of cases in the previous year, of which 257 were cases of sexual abuse. Of these cases, 99 involved children. Of the 3,500 cases, 706 resulted in conviction, 15 times the conviction rate in 2017. Ten cases of rape were reported, one of which was referred to court; proceedings for the case were underway as of September.
Other Harmful Traditional Practices: By law “honor” killings are punishable, but the penal code provides a lenient sentence for killing a spouse caught in the act of adultery, whether male or female.
Sexual Harassment: The law prohibits sexual harassment, including insulting or committing an indecent act towards a woman in public, with penalties of imprisonment and fines. Although the government sometimes enforced the law, sexual harassment remained a widespread problem for women, especially foreign women domestic workers.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.
Discrimination: Women have the right to initiate divorce proceedings in religious or civil court, but Shia and Sunni religious courts may refuse the request. In divorce cases the courts routinely granted mothers custody of daughters younger than age nine and sons younger than age seven, with fathers typically gaining custody once girls and boys reached ages nine and seven, respectively. Regardless of custody decisions, the father retains guardianship, or the right to make all legal decisions for the child until age 21. A noncitizen woman automatically loses custody of her children if she divorces their citizen father “without just cause.”
The basis for family law is sharia as interpreted by Sunni and Shia religious experts. In July 2017 King Hamad ratified the Shia portion of the Unified Family Law codifying the rights of Shia citizens, in particular women, according to the civil code on issues such as marriage, divorce, child custody, and inheritance. Shia and Sunni family law had been enforced by separate judicial bodies composed of religious authorities charged with interpreting sharia. The new civil law provides access to family courts for all women, ensuring the standardized application of the law and further legal recourse as decisions made by family court judges are subject to review by the Supreme Judicial Council. It was not always clear which courts have jurisdiction in mixed Sunni-Shia marriages.
Women may own and inherit property and represent themselves in all public and legal matters. In the absence of a direct male heir, Shia women may inherit all of their husband’s property, while Sunni women inherit only a portion, with the brothers or other male relatives of the deceased also receiving a share. The government respected wills directing the division of assets according to the deceased.
Labor laws prohibit discrimination against women, but discrimination against women was systemic, especially in the workplace, although the law prohibits wage discrimination based on gender (see section 7.d.).
Women experienced gains in government and business. The number of women elected to parliament increased from three to six representatives, and for the first time in the history of the country, the Council of Representatives elected a woman as speaker. In the business sector, women-led entrepreneurial ventures constituted more than half of filings for new businesses.
Birth Registration: Individuals derive citizenship from their father or by decree from the king. Women do not transmit their nationality to their children, rendering stateless some children of citizen mothers and noncitizen fathers (see section 2.d.).
Authorities do not register births immediately. From birth to age three months, the mother’s primary health-care provider holds registration for the children. Upon reaching three months, authorities register the birth with the Ministry of Health’s Birth Registration Unit, which then issues the official birth certificate. Children not registered before reaching their first birthday must obtain a registration by court order. The government does not provide public services to a child without a birth certificate.
Education: Schooling is compulsory for children until age 15 and is provided free of charge to citizens and legal residents through grade 12. Authorities segregated government-run schools by gender, although girls and boys used the same curricula and textbooks. Islamic studies based on Sunni doctrine are mandatory for all Muslim public school students and are optional for non-Muslim students.
Child Abuse: The Family Courts established in 2017 have jurisdiction over issues including child abuse. NGOs expressed concern over the lack of consistently written guidelines for prosecuting and punishing offenders and the leniency of penalties in child-abuse-conviction cases in the sharia courts.
There were reports police approached children outside schools and threatened or coerced them into becoming police informants.
Early and Forced Marriage: According to the law, the minimum age of marriage is 15 years for girls and 18 years for boys, but special circumstances allow marriages below these ages with approval from a sharia court.
Sexual Exploitation of Children: The law prohibits exploitation of a child for various crimes, including prostitution. Penalties include imprisonment of no less than three months if the accused used exploitation and force to commit the crime and up to six years if the accused exploited more than one child, as well as penalties of at least 2,000 dinars ($5,300) for individuals and at least 10,000 dinars ($26,500) for organizations. The law also prohibits child pornography. The Ministry of Justice reported prosecuting 22 cases of sexual exploitation of children as of September, a significant increase over the prior year.
International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data.html.
According to community members, there were between 36 and 40 Jewish citizens (six families) in the country. Some anti-Jewish political commentary and editorial cartoons occasionally appeared in print and electronic media, usually linked to the Israeli-Palestinian conflict, without government response.
Trafficking in Persons
See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.
Persons with Disabilities
The law stipulates equal treatment for persons with disabilities with regard to employment, and violations of the law are punishable with fines. The government administered a committee to ensure the provision of care for persons with disabilities that included representatives from all relevant ministries, NGOs, and the private sector. The committee is responsible for monitoring violations against persons with disabilities. During the year the government prosecuted two cases for violations against persons with disabilities.
Authorities mandated a variety of governmental, quasi-governmental, and religious institutions to support and protect persons with disabilities. New public buildings in the central municipality must include facilities for persons with disabilities. The law does not mandate access to other nonresidential buildings for persons with disabilities.
No information was available on the responsibilities of government agencies to protect the rights of persons with disabilities, although building codes required all new government building to be accessible. According to anecdotal evidence, persons with disabilities routinely lacked access to education and employment. The sole government school for children with hearing disabilities did not operate past the 10th grade. Some public schools had specialized education programs for children with learning disabilities, physical disabilities, speech disabilities, and intellectual disabilities, including Down syndrome.
Eligible voters may vote either in their regular precincts or in a general polling station. The local precincts, which are mostly in schools, sometimes posed problems to those with mobility disabilities. General polling stations in public spaces such as malls allowed for assistive devices. There was no absentee ballot system.
The law requires the government to provide vocational training for persons with disabilities who wish to work. The law also requires employers of more than 100 persons to hire at least 2 percent of its employees from the government’s list of workers with disabilities. The government did not monitor compliance. Some persons with disabilities were employed in the public sector.
The Ministry of Labor and Social Development continued to work with the UN High Committee for Persons with Disabilities in cooperation with the UN Development Program.
The law grants citizenship to ethnic Arab applicants who have resided in the country for 15 years and non-Arab applicants who have resided in the country for 25 years. There were numerous reports authorities did not apply the citizenship law uniformly. Human rights and civil society groups stated the government allowed foreign Sunni employees of the security services who had lived in the country less than 15 years to apply for citizenship. There were also reports authorities had not granted citizenship to Arab Shia residents who had resided in the country for more than 15 years and non-Arab foreign residents who had resided more than 25 years. Rights groups reported discrimination, especially in employment, against Shia citizens of Persian ethnicity (Ajam).
Although the government asserted the labor code for the private sector applies to all workers, the International Labor Organization (ILO) and international NGOs noted foreign workers faced discrimination in the workplace.
Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity
The law does not criminalize same-sex sexual conduct between consenting adults at least 21 years old, but it does not extend antidiscrimination protections to lesbian, gay, bisexual, transgender, and intersex (LGBTI) individuals on the basis of their sexual orientation or gender identity.
Discrimination based on sexual orientation or gender identity occurred, including in employment and obtaining legal identity documents. In some cases, however, courts permitted transgender individuals to update identity documents if they had undergone sex reassignment surgery.
HIV and AIDS Social Stigma
There were no known cases involving societal violence or discrimination against persons based on HIV/AIDS status, but medical experts acknowledged publicly that discrimination existed. The government mandated screening of newly arrived migrant workers for infectious diseases, including HIV/AIDS. In prior years the government deported migrant workers found to be HIV/AIDS positive, but the status of deportations during the year was unclear.