Summary:
Bahrain has a longstanding history of denying independent human rights researchers and advocates from entering the country, as well as impeding their ability to conduct research within its borders, over the past decade. Prominent organizations such as UN Human Rights Bodies and Amnesty International have also encountered difficulties in gaining access to Bahrain. Consequently, local media outlets often serve as the primary sources of information regarding arrests of transgender individuals, while legal details remain scarce. Despite the lack of clarity in the legal system, there is strong evidence of certain laws being utilized to punish those who do not conform to traditional gender norms. Moreover, reports of discriminatory violence against transgender individuals, both by state and non-state actors, are numerous. Additionally, transgender individuals in Bahrain are deprived of gender-affirming healthcare. While intersex individuals are granted legal permission to undergo medical transitions, transgender individuals consistently face rejection when requesting the same.
Criminalization:
De-facto: Bahrain utilizes de facto criminalization as a mechanism to punish individuals for the expression of their transgender identity. Although there is a lack of explicit legal provisions or records of arrests specifically related to individuals detained based on their transgender behavior or appearance, the predominant instances of arrests often centered on alleged homosexual or gender non-conforming activities indicate the application of Article 239, in addition to ambiguous articles within the penal code that criminalize immoral or indecent conduct.
- Article 324 of the Bahrain Penal Code, Decree No 15 of 1976:
Every person who entices a male or a female to commit acts of immorality or,prostitution or assists in such acts in any manner whatsoever shall he be liable for a prison sentence.
- Article 328 of the Bahrain Penal Code, Decree No 15 of 1976
- Article 350 of the Bahrain Penal Code, Decree No 15 of 1976
- Article 18 of the Law Regulating the Registration of Births and Deaths (Law No. 7) (2019)
- Hussien Rabbie’s Case: In 2008, a 33-year-old individual named Rabbie sought legal gender recognition and access to gender-affirming healthcare. This request was supported by various medical reports which indicated that Rabbie is interse, and lacking female reproductive organs. Complying with the High Civil Court’s directive, Rabbie visited the Public Prosecution’s Doctor, who conducted a medical examination and subsequently provided a report. The report revealed a higher proportion of male chromosomes compared to female chromosomes, along with ambiguous external genitalia. Rabbie’s legal team submitted all required medical documentation, including the report from the Public Prosecution’s Doctor. After reviewing this evidence, the council concluded that Rabbie was not biologically female and approved their requests. As a result, Rabbie underwent a funded medical transition abroad and had their legal gender marker changed accordingly.
- Plaintiff A: In 2017, Plaintiff A applied for legal gender recognition on their identifying documents at the Bahraini Civil Law Courts. The court requested a medical report as a prerequisite for rendering a judgment, which verified that the Plaintiff had experienced Gender Identity Disorder, without any intersex characteristics or genital anomalies. The court determined that Plaintiff A had no justification for undergoing a transition unless there was a biological and medical necessity, as understood within the framework of Sharia law.
- Plaintiff B: In 2023, Plaintiff B submitted an application for legal gender recognition on their identifying documents to a Bahraini Court. In accordance with the court’s requirements, a medical report was requested to substantiate the Plaintiff’s Gender Identity Disorder. Regrettably, the application was ultimately denied on the grounds of lacking intersex features. In line with Sharia principles, the Court concluded that there was no justifiable basis for granting Plaintiff B legal gender recognition.
Every person who establishes or runs premises for purposes of immorality or prostitution, or assists in any manner in the establishment or running thereof, shall be liable for a prison sentence of no less than 2 years and no more than 5 years.A court judgement shall be passed for the closure of the premises and confiscation of whatever may be found therein such as properties and furniture without prejudice to the rights of bona fide third parties.For the purpose of this Article, premises used for acts of immorality or prostitution are such premises that are normally used for indulgence of other persons in acts ofprostitution or immorality.
A prison sentence for a period not exceeding one year or a fine not exceeding BD 100 shall be the penalty for any person who commits in public an indecent act.Any person who commits an act of indecency with a female shall be liable for thesame punishment, even though such an act is not committed in public.
Enforcement:
There are no explicit laws targeting gender non-conforming or transgender expression in Bahrain. As is mentioned above, media outlets produce one of the very few readily available publications on transgender expression in Bahrain, though they often tend to be prejudiced, biased, and fail to include relevant legal information. When describing the arrests of transgender people, reporters are likely to describe the events with prejudiced terms such as the arrests of cross-dressers or those who are attending a “gay party.”
For instance, in 2012, Bahrain’s Public Security Forces arrested a person for “crossdressing” in public by wearing makeup, a wig, and feminine clothing. They were later charged with debauchery and indecent behavior which falls under laws prosecuting immorality and prostitution. Though it is unclear which articles were used to charge the person, a plausible estimate might include Articles 328 and 350.
Legal Gender Recognition:
Name Change:
Bahraini citizens may only change their legal name on identification documents with a court’s explicit approval:
Registries that are created or preserved in accordance with the provisions of this Law, as well as certificates and copies extracted in accordance with the regulations and decisions issued in implementation of its provisions, are considered the only official documents to prove the data they contain. It is not permissible to change any of the Registry data except by virtue of a final court judgment.
Gender Marker Change:
Per Article 18 of Law Regulating the Registration of Births and Deaths (Law No. 7) (2019), a gender marker can only be changed after receiving court approval in very particular circumstances:
While the language used in this statement does not explicitly forbid access to name or gender marker changes, it implies that Bahraini Courts have the authority to determine the validity of such requests. However, it is worth noting that all successful cases of changing these features on identification documents have only been granted to intersex individuals who must receive healthcare in order to obtain the correct documents. This reasoning aligns with Sharia Law, which argues that individuals who do not have a medical or “biological” necessity to transition do not have a valid reason to pursue gender transition. Consequently, intersex individuals are more likely to obtain court approval for legal gender recognition compared to their transgender counterparts. Transgender individuals are not allowed to change their gender marker or legal name.
Case law in Legal Gender Recognition:
Gender Affirming Healthcare:
There is no legal distinction within the current Bahraini judicial system regarding the addressing of gender-affirming healthcare or the process of changing one’s gender marker on legal identification documents. In parallel, there is no publicly available gender-affirming healthcare for transgender people. Intersex individuals who are approved for healthcare treatments often need to seek treatment outside of the state’s borders.
Fatwas:
There are no specific fatwas pertaining to transgender individuals issued by the religious authorities in the country. However, as the country follows Sunni Islam, the fatwas issued by esteemed Sunni authorities such as Al-Azhar in Egypt and the Islamic Fiqh Council in Saudi Arabia are considered applicable. These fatwas prohibit transgender individuals from seeking gender-affirming healthcare and restrict sex reassignment surgeries to intersex individuals only.