UPR Sexual Rights Database

UN Compilation:
Para 51) ... In the light of the large number of reported domestic violence incidents, the Committee against Torture was concerned about allegations that the male guardianship system (mehrem) deterred and often prevented victims from reporting such cases.
Para 53) [CEDAW] was concerned about the persistence of the male guardianship system, despite measures taken to limit its scope.
Para 56) The Special Rapporteur on extreme poverty noted that challenges with regard to the human rights of women were heavier on women living in poverty, as many employers still insisted on obtaining the permission of male guardians before women could work.

Stakeholder Summary:
Para 32) JS8 noted that workers are denied an array of fundamental rights. The few rights that do exist are not meaningfully protected. This is clear in the continued, widespread and severe discrimination, both through law and in practice, against women, …
Para 34) AI, Musawah and JS6 observed that women and girls face discrimination in law including in the Civil Status Code, Labour Code and Nationality Act, and in practice. They noted that Saudi Arabia made some progress in advancing women’s rights. Despite these ostensibly positive developments, but they failed to implement the eight accepted UPR recommendations pertaining to the system of male guardianship over women. Women face numerous restrictions on their daily actions throughout Saudi society. The government has recently taken steps towards easing guardianship restrictions, but reforms are limited, and provide no penalties for offences. The system is not only set in law, but is a set of regulations that act as de facto law.

National Report:
Para 19) As to the matter of the Kingdom's accession to the ICCPR and the ICESCR, it remains under constant consideration; recommendations have been made to the regulatory (legislative) authority and referred to the Human Rights Commission, which formed a committee of sharia, legal and other experts in the areas of the two Covenants, pursuant to Commission Board Decision No. 1/116 of 18 July 2012. The committee meets periodically at the seat of the Human Rights Commission.

National Report:
Para 48) Political and public participation: Pursuant to Royal Decree No. A/44 of 12 January 2013, article 3 of the Shura Council Act was amended to enable women, who had until then participated in the work of the Council as advisors only, to acquire full membership of the Council and occupy a minimum of 20 per cent of the seats. The members of the new session of the Shura Council were designated pursuant to Royal Decree No. A/45, promulgated on 12 January 2013, and included 30 women.

Para 49) Approval has been given for women to stand for and be elected to membership of municipal councils as from the next session in 2014. Saudi women hold high public office and are now important partners in influential political decision-making, serving as they do in leadership positions as ministers, deputy ministers and senior officials.

Para 50) Chapter IV, section II, of the Enforcement Act includes provisions on enforcement in matters of personal status and addresses the topics of custody, maintenance, visits and marital issues. In the interests of family conciliation, mediation sections were set up in the courts and in non-governmental organizations (NGOs) in order to resolve problems and ensure family welfare. These sections play a ground-breaking role in bringing about domestic harmony.

Para 52) ... For its part, the Ministry of Labour has issued a number of decisions designed to accelerate the recruitment of women in various private-sector spheres (including women's shops, retailing and factories).

Para 56) Saudi women married to non-nationals: Pursuant to Cabinet Decision No. 406 of 12 November 2012, approval was given for the sponsorship of children of Saudi women married to non-nationals to be transferred to their mother if they are resident in the Kingdom. If they are abroad, their mother is entitled to send for them and the State shoulders the cost of their resident permits. They are also permitted to work in the private sector without any transfer of the sponsorship. They receive the same schooling and medical treatment as any Saudi and are included in the Saudization percentages for the private sector. Saudi women married to non-nationals are further permitted to bring their spouse to the Kingdom if he is abroad or, if he is resident in the Kingdom and so wishes, to have his sponsorship transferred to her. The spouse is also permitted to work in the private sector, provided that he has a recognized passport. In addition, pursuant to Cabinet Decision No. 152 of 25 March 2013, female international scholarship students married to non-nationals are awarded the same monthly allowance as women married to Saudi men.

Para 64) The Ministry of Social Affairs is currently preparing an implementing regulation on the procedural mechanisms for application of the Child Protection Act. This Act complements the draft law on protection from abuse, which prohibits all forms of abuse against all of the groups most vulnerable to violence, particularly women and children, and establishes national mechanisms for protecting these groups. Expectations are that the draft law will be passed in the near future. The Ministry has also undertaken the following:
- Signed memoranda of cooperation with a number of civil society organizations and charitable societies for the provision of sheltered accommodation for groups at risk of violence;
- Signed a memorandum of cooperation with King Abdulaziz City for Science and Technology for the implementation of a national strategy to combat domestic violence and deliver awareness programmes;
- Set up a call centre for receiving reports of violence against women, which is reached by dialling 1919;
- Implemented Cabinet Decision No. 366 of December 2008, which prescribes measures for curbing the problem of domestic violence, including the accelerated opening of social protection units throughout the Kingdom.

Para 67) Working in cooperation with the Family Safety Programme, the Ministry of Education established procedural mechanisms for identifying and reporting cases of violence in schools, through the child helpline, and appointed its own coordinators for the provinces and governorates. Programmes were also launched to raise awareness of children's rights. These included programmes for ... giving voice to girl students.

Stakeholder Summary:
Para 20) ... AI, JS1, ECLJ and HRW noted that no effective legal and practical measures have been put in place to criminalize violence against women. HRW stated the government failed to enact the 2011 draft law to combat violence against women and children.

Para 34) ... JS4 noted that no effective mechanism to prevent domestic violence has been implemented and the Protection from Harm Act has not been enacted.

Para 61) JS4, JS1, ECLJ and HRW noted that although recommendations 17, 18, 19 and 20 had been accepted during the 2009 UPR, little has been done to genuinely implement them. JS1 noted the positive step with the two royal decrees in 2013 amending the Consultative Council's law, granting women thirty seats on the Council and stipulating at least 20% women's representation at the Council and recommended an increase in access to decision-making positions, in all public positions.

National Report:
Para 28) Two human rights instruments — the ICCPR and ICESCR — are currently being studied by a high-level governmental committee with a view to accession. Under article 5(4) of its charter, the Human Rights Commission may express an opinion on international human rights instruments and accession thereto.