UPR Sexual Rights Database

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.

UN Compilation:
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.
Para 52) CRC expressed 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 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.
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 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.