Laws

BAHRAIN

Limited information only available for these topics

Access to Children
Adoption of Children
Age of Consent
Anti-Vilification
Artifical Insemination
Assisted Reproduction
Asylum / Refugees
  Civil Unions
Custody of Children
Discrimination
Fostering Children
Gender Identiy
Harassment
Hate Crimes
  HIV/Aids
Homosexuality
Immigration
Inheritance
In Vitro Fertilisation (IVF)
Marriage
Military
  Parenting
Partners
Property
Sodomy
Transgender, Transsexual
Violence
Wrongful Death

Please read the Disclaimer

Age of Consent Legislation/Cases/References
1.

National

Technically, consensual sex between same sex couples at age twenty-one (21) is lawful [R1.2].


Penal Code

Article 347 [as amended by LEGISLATIVE DECREE NO. 7 OF 1985]

A prison sentence shall be the punishment for anyone who assaults a person who is more than fourteen years but less than twenty one years, with his consent [R1.1].

R1.2 ILGA: State Sponsored Homophobia PDF fn 9, 589.01kb, 16 MAY 12
R1.1 Vertic: Penal Code PDF 327.59kb, 04 OCT 11
Asylum, Immigration, Refugees Legislation/Cases/References
1.

National

In July 2008, a set of proposals approved by Bahrain's parliament targeting homosexual activity in the country should be implemented, according to a politician in the Gulf state [R1.1].

In April 2008, politicians called for tougher restrictions against gays, including the deportation of foreigners suspected of being homosexual [R1.2].

In July 2002, the government of Bahrain began a cracking down on homosexual migrant workers [R1.3].

R1.1 PinkNews.co.uk: Bahraini MP Calls for Gay Crackdown to Begin 28 JUL
R1.2 MCV: No Gays in Bahrain 21 FEB 08
R1.3 Manila Times: Bahrain Cracks Down on Gay Migrant Workers 11 JUL 02
Discrimination Legislation/Cases/References
1.

National

In October 2008, Al Menbar MP Shaikh Mohammed Khalid Mohammed wanted the government to begin a number of initiatives designed to rid the country of gay people [R1.1].

In April 2008, the government of Bahrain was reported to be taking action to stamp out homosexuals in the country [R1.2].

In a wide ranging set of proposals MP's have set out a number of initiatives designed to rid the country of homosexuals.

Parliament also demanded that the Interior Ministry stop granting any residence permits to foreign homosexuals. [R1.2].

R1.1 PinkNews.co.uk: Bahrain MP Calls for Action Against Homosexuals 22 OCT 08
R1.2 PinkNews.co.uk: Government of Bahrain Seeks to Punish 'homosexual children' 23 APR 08
Gender Identity, Intersex,
Transgender, Transexual

[?]
Legislation/Cases/References
1.

Courts & Tribunals

On 02 January 2014, it was reported that the High Administrative Court gave two transgender men initial approval for gender reassignment, referring them to a medical examiner [R1.1].

R1.1 PinkNews: Bahrain court gives initial approval to gender reassignment for two trans men 02 JAN 14
Homosexuality, Sodomy Legislation/Cases/References
See also: [AGE OF CONSENT]
1.

National

On 20 March 1976, a new Penal Code was enacted repealing the old Penal Code of the Persian Gulf imposed by the British. The Penal Code technically allows sodomy from the age of 21, and therefore sodomy was decriminalised as of adoption of the new code [R1.5].

Penal Code

Article 347 [as amended by LEGISLATIVE DECREE NO. 7 OF 1985]

A prison sentence shall be the punishment for anyone who assaults a person who is more than fourteen years but less than twenty one years, with his consent [R1.4].

Bahrain is an Islamic state and Islamic law prohibits consensual sex between same-sex couples [R1.3].

Previously

Homosexuality has been considered illegal in Bahrain since 1956 when, as part of the British Empire, it was given the Indian Penal Code [R1.2].

Homosexuals can be given up to 10 years in prison though this is rarely put into practice [R1.2].

The Penal Code of 1976, Legislative Decree No. 15 makes "Buggery is an illegal act punished by 10 years of imprisonment maximum." [R1.1].

2.

Courts & Tribunals

On 11 April 2013, it was reported that two Chinese men, aged in their 30s, who charged BD10 to have sex with male customers at the massage parlour, in Hamad Town, pleaded guilty to prostitution and homosexuality in the Lower Criminal Court, which handed them the maximum sentence of five years imprisonment. Both men will be deported after completing their sentence [R2.1].

R1.5 ILGA: State Sponsored Homophobia PDF fn 9, 589.01kb, 16 MAY 12
R1.4 Vertic: Penal Code PDF 327.59kb, 04 OCT 11
R1.3 Manila Times: Bahrain Cracks Down on Gay Migrant Workers 11 JUL 02
R1.2 PinkNews.co.uk: Government of Bahrain Seeks to Punish 'homosexual children' 23 APR 08
R1.1 ILGA: State-Sponsored Homophobia May 2008
R2.1 Gulf Daily News: Vice trade two are sent to jail 11 APR 13

GayLawNet®™ "Exclusive" Sponsorship of this page IS available