Bahrain implements a legislative reform to protect the rights of women and girls

On 28 June, the Kingdom of Bahrain officially abolished a "controversial" law that had allowed rapists to escape prosecutions if they agreed to marry their victims.

The scrapped Article 353 of the 1976 Penal Code of Bahrain stated that “no penalty shall be imposed on a person who commits one of the (sexual) crimes stipulated in the preceding articles if a valid marriage is concluded between him and the victim”.

It also stated that “if a final judgment is issued against him before the marriage contract is concluded, its execution shall be suspended, and its side effects shall end”.

The removed article was widely criticized for failing to protect rape victims and address the grave nature of sexual assault crimes.

“Many women victims of rape were coerced into marrying their rapists by their families to avoid lifelong societal stigmas and family disgrace, resulting in perpetuating the victims’ psychological and physical traumas instead of healing them, while the perpetrator was allowed to get away”, said Jehad Jassim, a Bahraini female lawyer.

“With this reform, Bahrain has laid the groundwork for addressing rape while recognizing the vital role that societal attitudes and awareness play in preventing and combating such crimes. Moreover, it has prioritized providing survivors with the necessary support they rightfully deserve”, Jassim said.

"This landmark legislative reform will increase the protection of the fundamental rights of women and girls in Bahrain", said Khaled El Mekwad, United Nations Resident Coordinator in Bahrain. 

“The reform marks a positive achievement in implementing the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). It highlights Bahrain’s leadership on gender-inclusive sustainable development.” Mr El Mekwad said.

“The abolition of Article 353 will contribute to deterring potential criminals and strengthening the principle of non-impunity. It will also lift the pressure on the affected woman, which may sometimes lead her to accept the fait accompli in the event of an assault, as well as exempt the perpetrator from the consequences of his crime by marrying his victim” Bahrain’s National Institution for Human Rights (NIHR) Chairman, Ali Ahmed Al-Derazi, stated to local media.

As part of its support to achieving the Sustainable Development Goals, the United Nations Country Team in Bahrain has encouraged national efforts towards realizing SDG 5 “Gender equality”. In 2022, almost half of the expended resources in 2022 directed towards activities that had gender equality and the empowerment of women as a principal or significant objective, and about one-third went to initiatives that had human rights as a principal or significant objective, demonstrating the commitment of UNCT to advance normative agenda in the country.

In 2022, the UNCT also supported strengthening local capacities to respond to gender-based violence, including raising stakeholders’ awareness towards the country’s commitment to ending violence against women.