UPR Sexual Rights Database

National Report:
Para 11) … In 2017, it ratified: the ICCPR, the OP-ICCPR; … the ICESCR;

National Report:
Para 15) With regard to equality among children, referred to in recommendation 108.33, article 26 (3–5) of the Constitution guarantees the following: “(3) Spouses have equal rights and duties in the civil and political spheres and in the upbringing and education of children. (4) Discrimination against children born outside marriage is therefore not permitted. (5)

National Report:
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 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 52) CRCexpressed deep concern that, despite repeated recommendations of international human rights mechanisms, Saudi Arabia still did not recognize girls as full subjects of rights, and severely discriminated against them in law and in practice.

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:
Para 39) ... It is should be mentioned that new child protection laws have been passed in which a child is defined as "anyone under 18 years of age", as made clear in the report.

Para 57) The Children's Act defines a child as "anyone under 18 years of age" ... The Act was approved by the Cabinet on 24 December 2012.

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.

UN Compilation:
Para 47) A 2013 United Nations Statistics Division source indicated that employment-to- population ratio of women decreased from 15.3 per cent in 2008 to 14.6 per cent in 2009.

Para 55) The 2010 Millennium Development Goals (MDG) report indicated that, despite the relatively late start in education of girls, rates of enrolment of girls' at all educational levels had increased sharply.

Para 56) ... UNESCO noted that a number of positive developments had resulted in significant improvements in women's literacy rates within a relatively short period of time. However, concerns had been raised that the overall aim of girls' education which was to prepare them for their "roles" as mothers and wives has not changed over the past 40 years.

Para 58) A 2013 UNSD source indicated that the net enrolment ratio in primary education for girls increased from 86.1 per cent in 2008 to 89.4 in 2009.

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.

Para 62) HRW noted the adoption of legislative reforms expanding women's rights in the workforce by allowing them to work in limited areas such as clothing stores. While such reforms represent important steps forward, their efficacy is limited by the male guardianship system.