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 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 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 54) [CEDAW] was also concerned about persisting harmful practices, including child and forced marriage, …
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 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 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 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:
Protection against Abuse Act:
Para 6) Promulgated by Royal Decree no. 52 (21 September 2013), the Act represents a key national framework for addressing all forms of abuse faced by a number of groups in society. The Act was designed to ensure protection from all types of abuse, afford help and treatment, provide shelter and social, psychological and health care, ensure that appropriate statutory measures are taken to bring to account and punish perpetrators and spread awareness of the social effects of abuse. The implementing regulations, issued by Decision of the Minister of Labour and Social Development no. 43047 (9 March 2014), contain a number of mechanisms for implementing the provisions of the Act.
Supreme Order no. 27808 (15 March 2017):
Para 20) The Order requires a study to be conducted into domestic violence and the best ways of dealing with issues of guardianship and custody, to include review of the relevant legislation with a view to proposing amendments thereto and preparation of a manual on general domestic violence issues and custody. The Order also requires programmes to be held for judges across the country, in partnership with stakeholders.
Para 60) A further achievement in abuse prevention has been the creation of a special centre at the Ministry of Labour and Social Development to receive reports of domestic violence on one consolidated telephone number (1919), working around the clock.
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.

National Report Annex 1:
ز- صدرت اللائحة التنفيذية لنظام الحماية من الإيذاء متضمنةً عدداً من الآليات التنفيذية للأحكام الواردة في النظام، ومن أبرزها:
 التزام كل جهة عامة أو خاصة بإبلاغ وزارة العمل والتنمية الاجتماعية أو الشرطة عن حالات الإيذاء التي تطلع فيها فور العلم بها.
 إنشاء مركز لتلقي البلاغات يقوم باستقبال البلاغات عن حالات الإيذاء.
 التعامل الفوري مع البلاغات من خلال التواصل مع الحالة وتقييم وضع الحالة من حيث الخطورة، وإجراء التقييم الطبي لها إذا لزم الأمر واتخاذ جميع الإجراءات اللازمة والمناسبة للتعامل مع الحالة.

UN Compilation:
Para 51) Despite the enactment of the Protection from Abuse Act,118 criminalizing domestic violence, the CEDAW noted with concern the prevalence of gender-based violence against women, particularly domestic and sexual violence, which remained largely underreported and undocumented. 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.

Stakeholder Summary:
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.