LGBT rights in Bahrain | |
---|---|
Same-sex sexual activity legal? | Legal since 1976 |
Gender identity/expression | No |
Military service | No |
Discrimination protections | – |
Family rights | |
Recognition of relationships |
No |
Adoption | – |
Lesbian, gay, bisexual and transgender (LGBT) people living in Bahrain may face discrimination not faced by non-LGBT persons. The country legalized homosexuality in 1976. Law enforcement agents and the courts have the authority to issue fines and/or jail time for any activities in violation of laws such as under-age same-sex acts, as only adults aged twenty-one and above are legally allowed to engage in homosexuality.
Bahrain was given its first criminal ban on homosexuality, defined as by the United Kingdom, which imposed a similar law throughout each of its colonies.
A new Penal Code was enacted in March 1976, repealing the Penal Code of the Persian Gulf that was imposed by the United Kingdom. The new penal code does not prohibit private, non-commercial acts of homosexuality between consenting adults in private. Although "adults" for the purposes of this law are at least 21 years old. There are several other parts of the penal code that can be used against LGBT people.
Article 324 of the penal code prohibits enticing another person to commit prostitution or any other act that may be considered immoral. This particular law has increasingly been used to crack down on men who wear women's clothing, as well as gay and bisexual men. There have been recent reports of a possible comprehensive crackdown against same-sex sexual acts and cross-dressing in Bahrain.
Article 328 of the penal code prohibits anyone operating or being employed at a business where prostitution or any sort of immorality is taking place or being promoted.
Article 329 of the penal code prohibits people from public solicitation involving prostitution or any sort of immoral activity. This applies even if sexual behavior is going to occur in a private place.
Article 330 of the penal code states that anyone who is charged with an act of prostitution or immorality is to be taken to a hospital and tested for sexually transmitted diseases. If they have such diseases, the law stipulates that they be relocated to a medical facility for treatment.
Article 334 of the penal code prohibits the practice of "honor killings", where the person being killed, for bringing dishonor to the family, was guilty of adultery.
Article 350 of the penal code prohibits any sort of public indecency, with an additional ban on any person from committing an indecent act with a woman, even if the act is in private and with her consent.
Article 354 of the penal code prohibits cruising or using words or signs on a street or other public place for the purposes of indulging in immoral behavior.
Article 355 of the penal code prohibits owning, importing, or exporting any form of artwork, publication, film or other media that violates public morality.