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Legal Framework
There is no specific prohibition of same-sex conduct in Bahrain’s Constitution or Penal Code. There is a lack of information about the application of such laws relating to same-sex conduct or expression of sexual orientation. However, Article 18 of the Bahrain Constitution provides that people are equal in human dignity, and citizens are equal before the law in public rights and duties; there shall be no discrimination among them on the basis of sex, language, religion, or creed. Furthermore, Article 8 ensures that every citizen is entitled to equal access to health care services; however, whether this public healthcare includes gender-affirming care is unlikely. In short, while there are no explicit restrictions to freedom of expression or association, it is likely for such legal barriers to exist.
Repealing the colonial British code that had been widely enforced throughout the Persian Gulf, Bahrain’s current Penal Code (1976) decriminalised consensual same-sex sexual acts between adults.There is no specific prohibition of same-sex conduct in Bahrain’s Penal Code. There is a lack of information about the application of criminal laws related to the penalization of consensual same-sex conduct or expression of sexual and/or gender representation.
In 2021, however, it was reported that a group of legislators had proposed a bill that would criminalise any “logo or sign that symbolises homosexuality and…promotes by any means the ideas and beliefs of homosexuals or calls for, organises or attends any gathering or meeting of homosexuals.” This bill would reportedly also amend Chapter 3 of the Penal Code which currently bans “immorality and prostitution” to also ban “perversion” — a vague, encompassing term that is frequently used to refer to same-sex acts.
In 2018, Human Rights Watch (HRW), in close consultation with the Arab Foundation for Freedoms and Equality (AFE) released a report focused on LGBTQI+ activism and rights in the Middle East and North Africa — in which many Arab states inherited strict laws against same-sex conduct from French or British colonial systems of justice. The report examines prohibitions on expression of gender identity, freedoms of expression and association, absence of rights-based legal representation, and absence of non-discrimination legislation. The 2018 report also focused on violence and conflict, including the most severe obstacles to LGBTQI+ organising, as well as other forms of torture and ill-treatment at the hands of police officers and other members of security forces.
Furthermore, in an earlier Universal Periodic Review (UPR) performed by the UN Human Rights Office (OHCHR), it was declared that Bahrain’s provisions against sexual activity between consenting adults constituted a clear violation of international human rights law. The UPR reaffirmed states’ international obligations to respect the rights of all persons, irrespective of sexual orientation and gender identity, all of which are articulated in the Yogyakarta Principles on the Application of International Human Rights Law in Relation to Sexual Orientation and Gender Identity.
For more detailed information on the protection of LGBTQI+ rights in Bahrain, visit the Bahrain ILGA World Database.
Treatment by Authorities
There has been a significant crackdown in recent years on homosexuals in Bahrain, despite the legality of homosexuality in the country. In February 2011, over 100 people were arrested at what the government described as a “depraved and decadent” party for a same-sex wedding in a village in northern Bahrain, and law enforcement officials reportedly checked to see if any of the arrested individuals had previous histories of “debauchery or sodomy.” Reactions to the incident varied in the country, but the high number of voices calling for harsh punishments for the “sinners” suggests that strong conservative sentiments continue to shape the treatment of LGBTQI+ individuals in the country.
Law enforcement officials also regularly inspect massage parlours and beauty shops, many of which are believed to be frequented by homosexuals. State officials believe that homosexuals, particularly those from Thailand and the Philippines, ostensibly migrate to Bahrain to work in the beauty industry but actually come to engage in homosexual activities. Law enforcement officials have sought out and deported foreigners within the gay community and have attempted to stop at the airports those whom they have suspected of being homosexual, preventing them from entering the country. Teachers are also trained to identify gay students and to administer appropriate punishments for perceived homosexual behaviour, even though the Education Ministry claims that there are no homosexual students in Bahrain’s schools.
A number of MPs have proposed legislation to criminalise homosexuality, and a plan was set forth in 2008 to conduct a state-sponsored survey to assess how widespread homosexuality is in Bahrain. One gay Bahraini man has said that there exists “a kind of strange denial” regarding homosexuality; while it is sometimes ignored, if not accepted, at other times the government cracks down on its public morality laws. Throughout these fluctuations in acceptance of sexual and gender identities that fall outside the traditionally accepted norms, LGBTQI+ individuals are often unable to seek online resources for support because the government of Bahrain has blocked access to LGBTQI+ websites.
Public Opinion
In the majority of Arab countries, including Bahrain, LBGTQI+ people face tremendous social pressure to remain in the closet, even amongst immediate family members and friends. In interviews with HRW, LGBTQI+ people living in a variety of Middle Eastern/North African countries said that family members urged them not to share this aspect of themselves with extended family, community, or general public.
Furthermore, it has been reported that many authorities use these existing family dynamics to intimidate LGBTQI+ activists, utilizing it as a tool of repression and fear. This partially explains the notable silence around sexual orientation and gender identity in Bahrain and neighboring countries.
Context for LGBTQ+ Refugees
Bahrain hosts very few refugees from other countries. As such, the majority of asylum claims are carried out by organisations such as the UNHCR and the International Refugee Assistance Project (IRAP) — the latter of which provides legal assistance to those with U.S. employment, family affiliations, or those in the U.S. Refugee Admissions Programme.
We have not found any relevant case law at this time but welcome suggestions.
Organisations supporting LGBTQI+ individuals
We are not currently aware of any organisations working with LGBTQI+ persons in Bahrain, but welcome suggestions.
Country of Origin experts in LGBTQI+ rights
We do not currently have any specialists on LGBTQI+ issues in Bahrain, but we welcome suggestions.
Bahrain Legal Assistance
Find organisations providing legal assistance to refugees in Bahrain.
Bahrain COI
Find Bahrain Country of Origin information (COI) experts, reports, commentaries, and relevant documents.
We are always looking to expand the resources on our platform. If you know about relevant resources, or you are aware of organisations and/or individuals to include in our directories, please get in touch.
Last updated May 2023
