UPR Sexual Rights Database

Stakeholder Summary:
Para 21) JS3 and HRW noted that KSA failed to demonstrate any progress on abolishing the male guardianship system and recommended its elimination.

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.

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.

National Report:
Supreme Order no. 33322 (18 April 2017):
Para 21) The Order allows women to access all government services and conclude their business without being required to obtain the approval of another person. It further supports the launch by the Human Rights Commission of educational programmes on the international conventions to which the Kingdom has acceded, as part of a comprehensive women’s rights awareness plan.
Para 95) Particular achievements have been to … make progress in enabling women to participate in the job market.
Para 98) Most of the reforms and developments in the period covered by the report have been concerned with the promotion and protection of women’s rights and the empowerment of women. This is reflected in the quantity and quality of the measures taken and the results achieved. Many measures have been taken to empower women and promote gender equality within the framework of Islamic sharia law. These include the codification of judicial rulings on personal status matters, to which reference has already been made; the issuance of Supreme Order 33322 (18 April 2017), allowing women to access government services and conclude their business without being required to obtain the approval of another person; the appointment of 30 women to the Consultative Council, representing 20 per cent of members; granting women the right to vote and stand as candidates in municipal elections; the appointment of six women to the board of the Human Rights Commission; the appointment of Saudi women to senior positions, such as deputy minister, university principal and chair of the board of directors of several companies, including the Saudi Stock Exchange (“Tadawul”). As such, women now occupy decision-making positions in the public and private sectors.
Para 99) A number of decisions have been taken to promote the judicial rights of women, including: • Introduction of the Alimony Fund; • Issue of the marriage certificates in two copies, one for each spouse; • Granting women a notary’s licence, giving some of the powers of a notary public.
Para 100) The creation of the Family Affairs Council, which has assigned responsibility for women’s affairs to one committee and for family protection to another, is a significant development of the institutional framework to protect and promote the rights of women and the family. The Women’s Affairs Committee has begun holding consultation workshops to review key laws relating to women. Additionally, the Council has approved a mechanism to formulate a national strategy for women.
Para 101) The promulgation of the Protection against Abuse Act, its implementing regulations and associated executive measures represents a guarantee to combat all forms of violence against women.
Para 102) In 2016, the complaints centre became operational. The centre receives reports of domestic violence on the strength of which the public prosecutor brings a criminal action under article 17 of the Criminal Procedure Act. If he believes it is in the public interest to do so, the public prosecutor investigates crimes involving a private right of action.
Para 103.) Regarding woman’s right to freedom of movement, Supreme Order no. 905 (26 September 2017), authorising implementation of the Traffic Act and its implementing regulations, provides for driving licences to be issued to men and women on a basis of equality. To prepare for women driving cars in the Kingdom, the General Directorate of Traffic licenced five driving schools for women across the country, while advanced level driving schools have been opened in collaboration with the universities. Furthermore, 21 centres across the country have been established for female holders of foreign driving licenses who wish to exchange them for Saudi licenses. The Supreme Order has been implemented and women began driving cars on 24 June 2018.
Para 104) A number of initiatives have been launched across the country to empower women economically. These include the “Qurrat” programme to support childcare services for working women; the “Wusul” programme to provide transport for working women; the “Self-employment support” program, which widens opportunities for women to increase their income using the skills they have; and the “Part-time working” and “Remote working” programmes to enable women to balance work and family life. There are also empowerment programmes in rural and remote areas designed to encourage women to enter the job market.
Para 105) There has been a marked increase in the proportion of women working in the law, as court attorneys, public prosecutors and lawyers, on an equal footing with their male colleagues. Instructions have been issued by the Public Prosecution Service requiring female lawyers to be treated the same as their male counterparts, enabling them to study their clients’ case papers and be present when clients are questioned, in accordance with article 70 of the Criminal Procedure Act.
Para 106) There has also been a marked rise in the proportion of women working in government service. Numerous programmes have been developed to expand female employment opportunities, in collaboration with the Human Resources Development Fund, General Organization for Social Insurance and the Technical and Vocational Training Corporation and in partnership with employers. A total of 2,033,668 women were in employment in the first quarter of 2018, compared with 2,008,233 in the first quarter of 2017. The number of Saudi women working in the private sector rose to 559,814 in the first quarter of 2018, representing approximately 32 per cent of Saudis employed in the private sector. The aim of Saudi Vision 2030 is to increase female participation in the job market from 22 per cent to 30 per cent by 2030, achieving a 3 per cent increase in non-oil GDP.
Para 107) Article 34 of the standard model employment regulations sets out the general rules on equal pay for work of equal value, which include a prohibition on any form of discrimination between male and female workers in respect of equal pay for work of equal value. It is worth noting that the Kingdom is a party to the International Labour Organization Equal Remuneration Convention, 1951 (No. 100) and the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).
Para 108) To the Kingdom’s achievements in women’s rights might be added the following: adoption of the Mother and Child Health Passport, designed to track the health of mother and child from pregnancy and birth until the age of five; application of the developed prenatal care model and distribution of literature thereon, amended in accordance with World Health Organization standards; and establishment of the National Observatory for Women, a centre of excellence attached to the King Abdullah Institute for Research and Consulting Studies at King Saud University. The Observatory tracks the participation of Saudi women in development programmes and their growing involvement in NGOs. Note that Saudi women make up 25 per cent of the founding members of the National Society for Human Rights and can be found on the board of banks, chambers of commerce and the Saudi Council of Engineers. Furthermore, there has been a rise in the number of charities founded and managed by women.
Para 109) Saudi businesswomen feature prominently on global lists and rankings. They organize workshops across the Kingdom to promote women’s rights and play a prominent role in the activities of the King Abdulaziz Centre for National Dialogue and the cultural dialogue sessions it organizes. They are also involved in implementing action programmes to improve the delivery of services for women, including family security mechanisms, productive family programmes, motherhood programmes, sport and leisure programmes and programmes to help families with limited income develop their own resources and transition from dependency to productivity.
Para 110) Forced marriage is forbidden by Islamic sharia law, which holds that a marriage can only be concluded with the woman’s consent. Sharia law prohibits a woman being prevented from marrying or forced into marriage against her will. A woman may not be prevented from marrying a man who meets the lawful conditions for marriage. The King Abdulaziz Centre for National Dialogue conducted a study in partnership with stakeholders and civil society organizations, which showed that the number of women entering into forced or early marriage continues to decline. The study gave rise to a set of proposals, containing a number of measures and guidelines. Note that article 16 (3) of the implementing regulations for the Child Protection Act stipulates that, before the contract of marriage can be concluded, it must be ascertained that the marriage of a person under the age of 18, whether male or female, shall not cause harm and shall be in the best interests of that person.
Para 111) The human rights awareness and instruction programmes organized by stakeholders, such as the Ministry of Education, Ministry of Culture and Information and Human Rights Commission, are designed to correct the sort of false impressions that can lead to discrimination against women. The Council of Senior Scholars strives to correct these ideas by publishing statements in the media and on its social media accounts and by the appearance on television and radio of Council members. The Ministry of Islamic Affairs, Dawah and Guidance plays an important role in this regard, through its preachers and imams.

National Report Annex 1:
و- من القرارات التي اتخذت لتعزيز حقوق المرأة المتصلة بالقضاء:
 زيادة نسبة المحاميات بنسبة ١٢٠٪ حيث ارتفع عددهن إلى 304 محامية.
 إطلاق دبلوم المحاماة لتقديم التأهيل المنتهي بمنح رخصة مزاولة المهنة.
 إنشاء مراكز خاصة لتنفيذ أحكام الحضانة من أجل توفير بيئة نموذجية يسودها الجو الأسري والأمني والصحي والترفيهي، بمشاركة إحدى مؤسسات المجتمع المدني في المملكة.
 منح المرأة حق الولاية على المحضون مما يسهل عليها الحصول على الخدمات من الجهات المختلفة.
 استحقاق أسرة المتغيب أو المفقود والأسرة المهجورة أو المعلقة لمعاش الضمان الاجتماعي.
 تعديل لائحة نظام التنفيذ التي نصت على حق الحضانة للأم خلال فترة التقاضي وأن يكون تنفيذ قضايا الحضانة أو الزيارة في بلد الحضانة أو الزيارة المنصوص عليه في السند التنفيذي.
 التنفيذ الفوري لأحكام النفقة أو رؤية الطفل المحضون أو تسليمه لحاضنته.
 إنشاء مكاتب نسوية في محاكم الأحوال الشخصية لخدمة المرأة مجاناً، بالمشاركة مع إحدى مؤسسات المجتمع المدني.
 صدور تعميم رئيس المجلس الأعلى للقضاء رقم ت/١٠٤٩ وتاريخ ٢٠/٦/١٤٣٩ هـ الموافق (٨ مارس ٢٠١٧) المتضمن أحقية الأم بإثبات حضانة أبنائها دون حاجتها إلى رفع دعوى قضائية في محاكم الأحوال الشخصية بذلك في الحالات التي يثبت عدم وجود خصومة أو نزاع بينها وبين والد المحضونين.

UN Compilation:
Para 10) CEDAW remained concerned about persisting discriminatory laws, the lack of comprehensive nondiscrimination legislation and the absence of the grounds of sex and gender in the equality guarantee under article 8 of the Basic Law of Governance.
Para 24) The Committee [against Torture] was concerned about the reported lack of independence and impartiality of the judiciary, since judges were appointed and discharged by the King. It also regretted the absence of women in the judiciary.
Para 29) CEDAW referred to persisting barriers to women’s access to justice … CRC observed that girls were highly discriminated against in the justice system.
Para 41) [CEDAW] welcomed measures promoting women’s employment. It remained concerned about women’s low participation in the labour market; the lack of enforcement of the law abolishing the need for a guardian’s permission to work; persistent occupational segregation and sex segregation in the workplace; the concentration of women in low-paid jobs; and the persistent gender wage gap.
Para 55) Despite the entitlement of women to vote and to be elected to municipal councils, CEDAW was concerned about the very low participation of women at all levels of decision-making.

Stakeholder Summary:
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.
Para 35) HRW noted that Saudi Arabia committed in its previous UPR to implementing the Protection from Abuse Regulation that detail enforcement and redress mechanisms for women and children facing domestic violence.
Para 36) Musawah noted that Muslim men could marry up to four wives at one time with few restrictions.
Para 37) Musawah reported that women do not enjoy equal rights to custody and guardianship of their children as the father has priority.
Para 38) AI, Musawah, JS3, and JS6 observed that Saudi Arabian women with foreign spouses, unlike their male counterparts, cannot pass on their nationality to their children or spouses.
Para 46) AI, HRW, Musawah, JS3 and JS6 noted that Saudi Arabia still does not allow women to transmit nationality to their children on an equal basis with men.

National Report:
Supreme Order no. 33322 (18 April 2017):
Para 21) The Order allows women to access all government services and conclude their business without being required to obtain the approval of another person. It further supports the launch by the Human Rights Commission of educational programmes on the international conventions to which the Kingdom has acceded, as part of a comprehensive women’s rights awareness plan.
Decision of the Council of Ministers no. 679 (7 August 2017):
Para 24) The Decision approves the charter of the Alimony Fund, designed to ensure that alimony is paid on time. Under the law, a woman is entitled to alimony on the basis of a judicial order but rulings have only been enforced in cases of impoverishment. Under article 4 of the Decision, a divorced women whose claim is still before the court can receive alimony from the Fund on a temporary basis until a ruling is issued.
Supreme Order no. 905 (26 September 2017)
Para 25) The order authorises application of the Traffic Act and its implementing regulations, providing for driving licences to be issued to men and women on a basis of equality.
Para 103.) Regarding woman’s right to freedom of movement, Supreme Order no. 905 (26 September 2017), authorising implementation of the Traffic Act and its implementing regulations, provides for driving licences to be issued to men and women on a basis of equality. To prepare for women driving cars in the Kingdom, the General Directorate of Traffic licenced five driving schools for women across the country, while advanced level driving schools have been opened in collaboration with the universities. Furthermore, 21 centres across the country have been established for female holders of foreign driving licenses who wish to exchange them for Saudi licenses. The Supreme Order has been implemented and women began driving cars on 24 June 2018.

UN Compilation:
Para 24) The Committee [against Torture] was concerned about the reported lack of independence and impartiality of the judiciary, since judges were appointed and discharged by the King. It also regretted the absence of women in the judiciary.
Para 40) CEDAW remained concerned about the use of sharia law to explain the lack of progress on family law reform and the continued application of discriminatory legal provisions relating to personal status, particularly the requirement for a woman to obtain her guardian’s permission to marry and the limited grounds available to women to seek divorce. It was also concerned at the persistent discrimination against women and girls in inheritance law, custody matters, marriage and divorce.
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 31) Musawah noted that only men may divorce unilaterally …
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.