UPR Sexual Rights Database

Search & Filters

Select one or more parameters to begin your search. You may also search by keyword at any time.

UN Member State that is reviewed on its human rights record as part of the UPR process.

Categories of the types of information used during reviews

Show advanced filters
Source of Reference

Recommending State

UN Member State or Permanent Observer making sexual rights related recommendations, comments or asking questions to the State under Review.

Review Documentation

Sources of information used as the basis for a State’s review.  Includes the State’s National Report, UN Compilation Report and a Stakeholder Summary.

UN Regional Group to which State under Review belongs.

UN Regional Group to which Recommending State belongs.

This will only match recommendations where the Source of Review is a State.

Implementation notes

State responses to recommendations and issues raised in the UN Compilation and Stakeholder summary.

Displaying 43726 - 43750 of 58160 recommendations found
  • State Under Review:

    Saudi Arabia

    Saudi Arabia
    Regional group
    Asia-Pacific Group
    Political group
    OIC
    AL
    Source Of Reference:

    UN Compilation

    Issue:
    • Early marriage
    • Forced marriage
    Type:
    Review Documentation
    Session:
    31st Session, November 2018
    Status:
    Not Followed up with a Recommendation
    Contents:
    CRC urged Saudi Arabia to set the minimum age of marriage at 18 years for both girls and boys and to eliminate child marriage, including forced marriage. [Para 58]
  • State Under Review:

    Saudi Arabia

    Saudi Arabia
    Regional group
    Asia-Pacific Group
    Political group
    OIC
    AL
    Source Of Reference:

    Stakeholder Summary

    Issue:
    • Sexual abuse
    • Marginalized groups of women
    Type:
    Review Documentation
    Session:
    31st Session, November 2018
    Status:
    Not Followed up with a Recommendation
    Contents:
    ICTUR welcomed the Order No. 310 of 2013. However, it stated that domestic workers continue to face abusive employer practices, such as retention of passports, non-payment of wages, poor conditions of work, limitations to their liberty, and physical and sexual abuse. [Para 43]
  • State Under Review:

    Saudi Arabia

    Saudi Arabia
    Regional group
    Asia-Pacific Group
    Political group
    OIC
    AL
    Source Of Reference:

    France

    France
    Regional group
    WEOG
    Political group
    EU
    OIF
    Issue:
    • International human rights instruments
    Type:
    Recommendation
    Session:
    17th session, November 2013
    Status:
    Rejected
    Contents:
    Ratify the ICCPR and ICESCR.
    Implementation
    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.
  • State Under Review:

    Saudi Arabia

    Saudi Arabia
    Regional group
    Asia-Pacific Group
    Political group
    OIC
    AL
    Source Of Reference:

    Sierra Leone

    Sierra Leone
    Regional group
    Africa Group
    Political group
    AU
    OIC
    Commonwealth
    Issue:
    • Early marriage
    • Harmful practices based on cultural / traditional values
    • Gender equality
    • Women's and / or girls' rights
    Type:
    Recommendation
    Session:
    17th session, November 2013
    Status:
    Accepted
    Contents:
    Continue work towards the improvement of women's rights. In particular, incorporate in law the principle of equality between men and women and ban child marriage.
    Explanation
    The Kingdom's laws and regulations guarantee equality and designate all forms of discrimination, particularly against women, as punishable criminal offences. However, since acts of discrimination might be committed with impunity within the context of erroneous individual practices, endeavours are being intensified to eliminate such discrimination through the adoption of further policies, regulations and procedural measures under which any form of discrimination against women will be criminalized and punished. The national report highlighted the achievements made in the field of women's rights and particularly in regard to women's participation in public and political life. The Kingdom is aware that the system of male guardianship or tutelage to which reference is made in some of the recommendations is regarded as implying male domination over women. It therefore wishes to reaffirm that its regulations protect women from such domination or any practices conducive thereto and in no way entail any marginalization of women or gender-based differentiation likely to undermine the recognition of women's rights in a manner consistent with the definition of discrimination incorporated in the CEDAW. The Islamic legal concept of qiwama (tutelage in the sense of men's obligation to protect and provide for their womenfolk) guarantees women's rights and helps to ensure a properly structured and cohesive family. If this obligation is abused and exploited as a means to subjugate a woman and violate her rights, there are many ways in which the woman can seek redress at any time, particularly through the judiciary.

    The Islamic sharia prohibits forced marriage and, under the Kingdom's regulations, a marriage contract is deemed to be null and void in the absence of proof of the full and free consent of either of the spouses. The marriage of minors is an issue that is currently under study and, consequently, it would be inappropriate to specify a minimum age for marriage before learning the outcome of the study. It should be noted, however, that marriage of minors is a rare occurrence.
    Implementation
    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.
  • State Under Review:

    Saudi Arabia

    Saudi Arabia
    Regional group
    Asia-Pacific Group
    Political group
    OIC
    AL
    Source Of Reference:

    Denmark

    Denmark
    Regional group
    WEOG
    Political group
    EU
    Issue:
    • Gender equality
    • Women's and / or girls' rights
    Type:
    Recommendation
    Session:
    17th session, November 2013
    Status:
    Accepted
    Contents:
    Take urgent steps to abolish the system of guardianship.
    Explanation
    The Kingdom's laws and regulations guarantee equality and designate all forms of discrimination, particularly against women, as punishable criminal offences. However, since acts of discrimination might be committed with impunity within the context of erroneous individual practices, endeavours are being intensified to eliminate such discrimination through the adoption of further policies, regulations and procedural measures under which any form of discrimination against women will be criminalized and punished. The national report highlighted the achievements made in the field of women's rights and particularly in regard to women's participation in public and political life. The Kingdom is aware that the system of male guardianship or tutelage to which reference is made in some of the recommendations is regarded as implying male domination over women. It therefore wishes to reaffirm that its regulations protect women from such domination or any practices conducive thereto and in no way entail any marginalization of women or gender-based differentiation likely to undermine the recognition of women's rights in a manner consistent with the definition of discrimination incorporated in the CEDAW. The Islamic legal concept of qiwama (tutelage in the sense of men's obligation to protect and provide for their womenfolk) guarantees women's rights and helps to ensure a properly structured and cohesive family. If this obligation is abused and exploited as a means to subjugate a woman and violate her rights, there are many ways in which the woman can seek redress at any time, particularly through the judiciary.
    Implementation
    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 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 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.
  • State Under Review:

    Saudi Arabia

    Saudi Arabia
    Regional group
    Asia-Pacific Group
    Political group
    OIC
    AL
    Source Of Reference:

    Lebanon

    Lebanon
    Regional group
    Asia-Pacific Group
    Political group
    OIC
    AL
    OIF
    Issue:
    • Violence against women / gender-based violence
    Type:
    Recommendation
    Session:
    17th session, November 2013
    Status:
    Accepted
    Contents:
    Continue efforts to combat violence against most vulnerable groups, especially women.
    Explanation
    It is noteworthy that any officials who impede the receipt of complaints of domestic violence are held accountable and punished under the provisions of numerous enactments including, in particular, the Protection from Abuse Act.
    Implementation
    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.
  • State Under Review:

    Saudi Arabia

    Saudi Arabia
    Regional group
    Asia-Pacific Group
    Political group
    OIC
    AL
    Source Of Reference:

    Morocco

    Morocco
    Regional group
    Africa Group
    Political group
    OIC
    AL
    OIF
    Issue:
    • Women's and / or girls' rights
    Type:
    Recommendation
    Session:
    17th session, November 2013
    Status:
    Accepted
    Contents:
    Take additional measures aimed at protecting and promoting women's rights in education, health and work sectors, as well as the legal capacity for women.
    Explanation
    The Kingdom's laws and regulations guarantee equality and designate all forms of discrimination, particularly against women, as punishable criminal offences. However, since acts of discrimination might be committed with impunity within the context of erroneous individual practices, endeavours are being intensified to eliminate such discrimination through the adoption of further policies, regulations and procedural measures under which any form of discrimination against women will be criminalized and punished. The national report highlighted the achievements made in the field of women's rights and particularly in regard to women's participation in public and political life. The Kingdom is aware that the system of male guardianship or tutelage to which reference is made in some of the recommendations is regarded as implying male domination over women. It therefore wishes to reaffirm that its regulations protect women from such domination or any practices conducive thereto and in no way entail any marginalization of women or gender-based differentiation likely to undermine the recognition of women's rights in a manner consistent with the definition of discrimination incorporated in the CEDAW. The Islamic legal concept of qiwama (tutelage in the sense of men's obligation to protect and provide for their womenfolk) guarantees women's rights and helps to ensure a properly structured and cohesive family. If this obligation is abused and exploited as a means to subjugate a woman and violate her rights, there are many ways in which the woman can seek redress at any time, particularly through the judiciary.
    Implementation
    National Report:
    Para 53) In collaboration with civil society organizations, including the Mawadda Association for Divorce Reduction, the Ministry of Justice offers free legal advice. Women’s offices have been opened in courts, staffed by qualified female legal advisors, providing free rights-related services.
    Para 80) Pursuant to Ministerial Decision no. 89263 (11 July 2017), an initiative was launched by the Ministry of Education, enabling female students to take physical education classes. The initiative aims to construct and equip 500 gymnasiums each year to promote the health of female students.
    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 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 49) CEDAW was concerned that access to education for disadvantaged groups of girls remained limited. … UNESCO noted that some girls deprived of a family environment reaching the age of 12 years remained in social education homes; such girls could only acquire life skills while boys in similar situations had access to secondary education opportunities and could participate in social, cultural and sporting activities.
    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 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, …


  • State Under Review:

    Saudi Arabia

    Saudi Arabia
    Regional group
    Asia-Pacific Group
    Political group
    OIC
    AL
    Source Of Reference:

    UN Compilation

    Issue:
    • Early marriage
    • Harmful practices based on cultural / traditional values
    • Gender equality
    Type:
    Review Documentation
    Session:
    17th session, November 2013
    Status:
    Reference Addressed
    Contents:
    The Special Rapporteur on violence against women recommended (a) standardizing the age of majority at 18 years in accordance with the CRC, and ensuring its application to the legal age of marriage ... [Para 34]
  • State Under Review:

    Saudi Arabia

    Saudi Arabia
    Regional group
    Asia-Pacific Group
    Political group
    OIC
    AL
    Source Of Reference:

    Germany

    Germany
    Regional group
    WEOG
    Political group
    EU
    Issue:
    • Early marriage
    • Harmful practices based on cultural / traditional values
    Type:
    Question
    Session:
    4th session, February 2009
    Status:
    Not Followed up with a Recommendation
    Contents:
    It wondered about steps taken to follow-up on CEDAW's recommendations concerning the marriage of minors.
  • State Under Review:

    Saudi Arabia

    Saudi Arabia
    Regional group
    Asia-Pacific Group
    Political group
    OIC
    AL
    Source Of Reference:

    Stakeholder Summary

    Issue:
    • Sexual abuse
    • Marginalized groups of women
    • Violence against women / gender-based violence
    Type:
    Review Documentation
    Session:
    17th session, November 2013
    Status:
    Neglected
    Contents:
    JS3 recommended setting a framework for preventing sexual abuse of female domestic workers and to design a suitable mechanism for migrant workers to protect them from abuse by employers. [Para 63]
  • State Under Review:

    Saudi Arabia

    Saudi Arabia
    Regional group
    Asia-Pacific Group
    Political group
    OIC
    AL
    Source Of Reference:

    Chile

    Chile
    Regional group
    GRULAC
    Political group
    OAS
    OEI
    Issue:
    • Gender equality
    • Violence against women / gender-based violence
    Type:
    Recommendation
    Session:
    4th session, February 2009
    Status:
    Accepted
    Contents:
    Amend legal provisions to guarantee equality between men and women, prevent violence against women, prevent threats to the safety and integrity of persons deprived of their liberty, guarantee non-discrimination on grounds of religion, belief and ethnicity, also for foreign workers, and to achieve effective implementation of these provisions.
    Implementation
    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.

    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.

    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.
  • State Under Review:

    Saudi Arabia

    Saudi Arabia
    Regional group
    Asia-Pacific Group
    Political group
    OIC
    AL
    Source Of Reference:

    National Report

    Issue:
    • Violence against women / gender-based violence
    • Domestic violence
    • Women's and / or girls' rights
    Type:
    Review Documentation
    Session:
    4th session, February 2009
    Status:
    N/A
    Contents:
    The Kingdom is intensifying its efforts to eliminate all forms of violence against women. Its social development commissions are implementing numerous counselling and awareness programmes for women in which symposia, meetings and courses are held for the discussion of all issues of concern to Saudi women and families. Many awareness and counselling programmes on women's rights are also organized for men. Two bills of law on child abuse and domestic violence have also been drafted.
  • State Under Review:

    Saudi Arabia

    Saudi Arabia
    Regional group
    Asia-Pacific Group
    Political group
    OIC
    AL
    Source Of Reference:

    UN Compilation

    Issue:
    • Gender equality
    • Women's and / or girls' rights
    Type:
    Review Documentation
    Session:
    4th session, February 2009
    Status:
    Reference Addressed
    Contents:
    CEDAW called upon Saudi Arabia to finalize its review of the ban of women from driving, which is a limitation of their freedom of movement, and which also contributes to the maintenance of stereotypes. [Para 39]
  • State Under Review:

    Saudi Arabia

    Saudi Arabia
    Regional group
    Asia-Pacific Group
    Political group
    OIC
    AL
    Source Of Reference:

    Canada

    Canada
    Regional group
    WEOG
    Political group
    OAS
    OIF
    Commonwealth
    Issue:
    • International human rights instruments
    Type:
    Recommendation
    Session:
    4th session, February 2009
    Status:
    Accepted
    Contents:
    Become a party to the ICCPR and ICESCR.
    Implementation
    National Report:
    Para 19) As to the matter of the Kingdom's accession to the ICCPR and the ICESCR, it remains under constant consideration; recommendations have been made to the regulatory (legislative) authority and referred to the Human Rights Commission, which formed a committee of sharia, legal and other experts in the areas of the two Covenants, pursuant to Commission Board Decision No. 1/116 of 18 July 2012. The committee meets periodically at the seat of the Human Rights Commission.
  • State Under Review:

    Saudi Arabia

    Saudi Arabia
    Regional group
    Asia-Pacific Group
    Political group
    OIC
    AL
    Source Of Reference:

    Iceland

    Iceland
    Regional group
    WEOG
    Issue:
    • Gender equality
    • Violence against women / gender-based violence
    • Women's and / or girls' rights
    Type:
    Recommendation
    Session:
    31st Session, November 2018
    Status:
    Accepted
    Contents:
    Ensure women's equality with men before the law and the enjoyment of all human rights, including the rights to freedom of movement, education, employment, marriage, and protection from violence in the home and family.
    Explanation
    تأخذ أنظمة المملكة بمبدأ المساواة القائمة على التكامل بين الرجل والمرأة، والتي تراعي الخصائص والسمات التي يتمتع بها كل من الجنسين، وتحقق العدل في نهاية المطاف، ولا تتضمن أنظمة المملكة أي تفرقة أو استبعاد أو تقييد للمرأة ينتج عنه توهين أو إحباط الاعتراف لها بحقوق الإنسان والحريات الأساسية في جميع الميادين وفقاً لتعريف التمييز ضد المرأة بموجب اتفاقية القضاء على جميع أشكال التمييز ضد المرأة. وتؤكد المملكة أن أحكام الشريعة الإسلامية هي المرجعية الأساسية لمسائل الأحوال الشخصية. … وردت العديد من التوصيات التي تطالب بإلغاء نظام الولاية، ويبدو أن ما ورد في تلك التوصيات يقصد به التسلط الذي يمارسه بعض الذكور على بعض الإناث ويمثل انتهاكاً لحقوقهن، وتؤكد المملكة في هذا السياق أن أنظمتها كافة تحمي المرأة من هذا التسلط أو ما يعززه، وأن لمدّعي الضرر اللجوء إلى وسائل الانتصاف، وفي مقدمتها القضاء. وبناءً على ما تقدم؛ فإن جميع التوصيات الواردة في هذا الموضوع حظيت بالتأييد، عدا توصية واحدة حظيت بالتأييد الجزئي، على النحو الآتي.
  • State Under Review:

    Saudi Arabia

    Saudi Arabia
    Regional group
    Asia-Pacific Group
    Political group
    OIC
    AL
    Source Of Reference:

    Germany

    Germany
    Regional group
    WEOG
    Political group
    EU
    Issue:
    • Gender equality
    • Women's and / or girls' rights
    Type:
    Recommendation
    Session:
    31st Session, November 2018
    Status:
    Accepted
    Contents:
    Continue to reform the male guardianship system to reduce the areas in which men and women are legally treated differently.
    Explanation
    تأخذ أنظمة المملكة بمبدأ المساواة القائمة على التكامل بين الرجل والمرأة، والتي تراعي الخصائص والسمات التي يتمتع بها كل من الجنسين، وتحقق العدل في نهاية المطاف، ولا تتضمن أنظمة المملكة أي تفرقة أو استبعاد أو تقييد للمرأة ينتج عنه توهين أو إحباط الاعتراف لها بحقوق الإنسان والحريات الأساسية في جميع الميادين وفقاً لتعريف التمييز ضد المرأة بموجب اتفاقية القضاء على جميع أشكال التمييز ضد المرأة. وتؤكد المملكة أن أحكام الشريعة الإسلامية هي المرجعية الأساسية لمسائل الأحوال الشخصية. … وردت العديد من التوصيات التي تطالب بإلغاء نظام الولاية، ويبدو أن ما ورد في تلك التوصيات يقصد به التسلط الذي يمارسه بعض الذكور على بعض الإناث ويمثل انتهاكاً لحقوقهن، وتؤكد المملكة في هذا السياق أن أنظمتها كافة تحمي المرأة من هذا التسلط أو ما يعززه، وأن لمدّعي الضرر اللجوء إلى وسائل الانتصاف، وفي مقدمتها القضاء. وبناءً على ما تقدم؛ فإن جميع التوصيات الواردة في هذا الموضوع حظيت بالتأييد، عدا توصية واحدة حظيت بالتأييد الجزئي، على النحو الآتي.
  • State Under Review:

    Saudi Arabia

    Saudi Arabia
    Regional group
    Asia-Pacific Group
    Political group
    OIC
    AL
    Source Of Reference:

    Eritrea

    Eritrea
    Regional group
    Africa Group
    Political group
    AU
    Issue:
    • Gender equality
    Type:
    Recommendation
    Session:
    31st Session, November 2018
    Status:
    Accepted
    Contents:
    Fast track steps towards implementation of programme on gender parity and improve the livelihood of people with disabilities and those vulnerable inherent in any society.
    Explanation
    تأخذ أنظمة المملكة بمبدأ المساواة القائمة على التكامل بين الرجل والمرأة، والتي تراعي الخصائص والسمات التي يتمتع بها كل من الجنسين، وتحقق العدل في نهاية المطاف، ولا تتضمن أنظمة المملكة أي تفرقة أو استبعاد أو تقييد للمرأة ينتج عنه توهين أو إحباط الاعتراف لها بحقوق الإنسان والحريات الأساسية في جميع الميادين وفقاً لتعريف التمييز ضد المرأة بموجب اتفاقية القضاء على جميع أشكال التمييز ضد المرأة. وتؤكد المملكة أن أحكام الشريعة الإسلامية هي المرجعية الأساسية لمسائل الأحوال الشخصية. … وردت العديد من التوصيات التي تطالب بإلغاء نظام الولاية، ويبدو أن ما ورد في تلك التوصيات يقصد به التسلط الذي يمارسه بعض الذكور على بعض الإناث ويمثل انتهاكاً لحقوقهن، وتؤكد المملكة في هذا السياق أن أنظمتها كافة تحمي المرأة من هذا التسلط أو ما يعززه، وأن لمدّعي الضرر اللجوء إلى وسائل الانتصاف، وفي مقدمتها القضاء. وبناءً على ما تقدم؛ فإن جميع التوصيات الواردة في هذا الموضوع حظيت بالتأييد، عدا توصية واحدة حظيت بالتأييد الجزئي، على النحو الآتي.
  • State Under Review:

    Saudi Arabia

    Saudi Arabia
    Regional group
    Asia-Pacific Group
    Political group
    OIC
    AL
    Source Of Reference:

    Mexico

    Mexico
    Regional group
    GRULAC
    Political group
    OAS
    OEI
    ACS
    Issue:
    • International human rights instruments
    Type:
    Recommendation
    Session:
    31st Session, November 2018
    Status:
    Accepted
    Contents:
    Ratify the ICCPR.
  • State Under Review:

    Saudi Arabia

    Saudi Arabia
    Regional group
    Asia-Pacific Group
    Political group
    OIC
    AL
    Source Of Reference:

    Portugal

    Portugal
    Regional group
    WEOG
    Political group
    EU
    OEI
    Issue:
    • International human rights instruments
    Type:
    Recommendation
    Session:
    31st Session, November 2018
    Status:
    Accepted
    Contents:
    Ratify the ICESCR.
  • State Under Review:

    Saudi Arabia

    Saudi Arabia
    Regional group
    Asia-Pacific Group
    Political group
    OIC
    AL
    Source Of Reference:

    Czechia

    Czechia
    Regional group
    EEG
    Political group
    EU
    Issue:
    • International human rights instruments
    Type:
    Recommendation
    Session:
    31st Session, November 2018
    Status:
    Rejected
    Contents:
    Set a clear time frame for the ratification without reservation of ICCPR, ICESCR, ... and OP–CEDAW and review all reservations in CRC …
  • State Under Review:

    Saudi Arabia

    Saudi Arabia
    Regional group
    Asia-Pacific Group
    Political group
    OIC
    AL
    Source Of Reference:

    UN Compilation

    Issue:
    • Sexual harassment
    • Sexual abuse
    • Marital rape
    • Violence against women / gender-based violence
    • Training for state personnel on sexual rights issues
    • Sexual violence
    • Domestic violence
    Type:
    Review Documentation
    Session:
    31st Session, November 2018
    Status:
    Not Followed up with a Recommendation
    Contents:
    CEDAW recommended that Saudi Arabia adopt comprehensive legislation to specifically criminalize all forms of gender-based violence against women, including economic violence, rape, marital rape, non-penetrative forms of sexual assault and sexual harassment; repeal all legal provisions exculpating perpetrators of domestic violence; investigate and prosecute cases of gender-based violence; and ensure access for victims to appropriate redress. The Committee against Torture urged the Government to train and adopt guidelines for the judiciary and law enforcement officials on how to investigate cases of rape and sexual violence. CRC urged Saudi Arabia to address the root causes of domestic violence and adopt a comprehensive strategy to prevent and respond to domestic violence. CEDAW recommended that the Government amend the legislation so that victims of sexual abuse were not punished if they pressed charges that later could not be proved. [Para 51]
  • State Under Review:

    Saudi Arabia

    Saudi Arabia
    Regional group
    Asia-Pacific Group
    Political group
    OIC
    AL
    Source Of Reference:

    Stakeholder Summary

    Issue:
    • Women's and / or girls' rights
    Type:
    Review Documentation
    Session:
    31st Session, November 2018
    Status:
    Not Followed up with a Recommendation
    Contents:
    HRW recommended ... propose amendments to the Protection from Abuse Law. [Para 35]
  • State Under Review:

    Saudi Arabia

    Saudi Arabia
    Regional group
    Asia-Pacific Group
    Political group
    OIC
    AL
    Source Of Reference:

    UN Compilation

    Issue:
    • Women's and / or girls' rights
    • Women's participation
    Type:
    Review Documentation
    Session:
    31st Session, November 2018
    Status:
    Reference Addressed
    Contents:
    [CEDAW] recommended enhancing women’s access to the formal labour market. The ILO Committee of Experts encouraged the Government to increase the participation of women in a wider range of occupations than those traditionally considered to be “suitable”; ensure that any restrictions on women’s employment were strictly limited to maternity protection; and repeal the order establishing criteria for women’s work. ... [Para 41]
  • State Under Review:

    Saudi Arabia

    Saudi Arabia
    Regional group
    Asia-Pacific Group
    Political group
    OIC
    AL
    Source Of Reference:

    Slovenia

    Slovenia
    Regional group
    EEG
    Political group
    EU
    Issue:
    • International human rights instruments
    Type:
    Recommendation
    Session:
    17th session, November 2013
    Status:
    Rejected
    Contents:
    Consider ratifying without reservations the ICCPR and the ICESCR and to review and lift all reservations to several human rights conventions that are contrary to the objectives and purposes of the treaties.
    Explanation
    The Kingdom wishes to emphasize the fact that that the principle of reservations to international conventions is a right recognized by international law. Moreover, the Kingdom believes that the reservations that it has made to the treaties that it has signed or to which it has acceded are not incompatible with the aims and purposes of those treaties.
    Implementation
    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.
  • State Under Review:

    Saudi Arabia

    Saudi Arabia
    Regional group
    Asia-Pacific Group
    Political group
    OIC
    AL
    Source Of Reference:

    Canada

    Canada
    Regional group
    WEOG
    Political group
    OAS
    OIF
    Commonwealth
    Issue:
    • Gender equality
    • Women's and / or girls' rights
    • Women's participation
    Type:
    Recommendation
    Session:
    17th session, November 2013
    Status:
    Partially Accepted
    Contents:
    Abolish, modify or introduce legislation, measures and practices to ensure the effective elimination of all forms of legal discrimination against women and to allow for their full participation in society, including in decision- making and political processes, on an equal basis with men.
    Implementation
    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.