UPR Sexual Rights Database

National Report:
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.

UN Compilation:
Para 54) [CEDAW] was also concerned about persisting harmful practices, including child and forced marriage, …
Para 58) [CRC] was seriously concerned that judges had discretion to determine the age of majority and that they frequently authorized the marriage of girls who had attained puberty. It noted that judges often considered underage marriage as being in the best interest of the girl child, leading to multiple violations of girls’ rights. CEDAW noted that a high proportion of girls continued to marry before the age of 18 years.

Stakeholder Summary:
Para 39) HRW noted that following its previous UPR in 2013 Saudi Arabia rejected a recommendation to “introduce a minimum marriage age of 18 years for both men and women,” and at this writing no ban on child marriage has yet been passed. Musawah noted that there is no legislation criminalizing forced marriages, nor is there a mechanism to sanction officers conducting them. It stated that under the Law on Child Protection, an advisory committee should examine each case individually to approve marriage to a person below 18. However, the standards to determine the minor’s interests and welfare are unclear, and minors are often not interviewed.

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 55) Raising awareness of women's rights: Government entities and civil society organizations together ran a national campaign to raise women's awareness of the laws and measures in place to protect their rights, particularly with respect to, inter alia, social welfare services and personal status procedures for the registration of marriages, divorces and births. In parallel with these efforts, such NGOs as Mawwadah, which is concerned with women's affairs, implemented a number of voluntary programmes for providing legal, social and psychological advice to women.

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.

Stakeholder Summary:
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.