Human Rights Watch was unable to conduct fact-finding inside Saudi Arabia for this report, despite sending official visa requests to the Saudi government in October 2015. For example, the General Presidency stated that women cannot serve in leadership positions over men because of their “deficient reasoning and rationality, in addition to their passion that prevails over their thinking.”[8], In another ruling, it stated, “A woman should not leave her house, except with her husband’s permission.” If he does, “She should go out unadorned so that she does not attract men’s attention.… Her husband can prevent her from going out if she insists on displaying her beauty.”[9], Islamic scholars who support the imposition of male guardianship do so based on an ambiguous verse in the Quran. 43047, June 13, 2014, art 8(1)(2); Law on Protection from Abuse, Royal Decree No. Saudi Arabia’s accession to the convention was formalized through the adoption of Royal Decree No. Sana, a woman’s rights activist, said, “What is really horrible here is that because of this guardianship system, women can disappear and be buried in the desert and no one will do anything about it.”[155] In July 2009, a man killed his two sisters as they were signed out of a juvenile detention center by their father in Riyadh. [293] Human Rights Watch interview with Zahra, (location withheld), April 7, 2016. [1] Human Rights Watch, Perpetual Minors: Human Rights Abuses Stemming from Male Guardianship and Sex Segregation in Saudi Arabia (New York: Human Rights Watch, 2008), https://www.hrw.org/sites/default/files/reports/saudiarabia0408_1.pdf. —Sura, 62, retired university lecturer, December 14, 2015. Adult women must obtain permission from a male guardian to travel abroad, marry, or be released from prison, and may be required to provide guardian consent to work or get health care. [202] Human Rights Watch telephone interview with Dr. Heba, December 23, 2015. [256] Mohammed Al-Hassani, “No rental for women?” Saudi Gazette, November 26, 2015 (accessed November 26, 2015), http://saudigazette.com.sa/saudi-arabia/no-rental-for-women/. Jordan has economic incentives for ending male guardianship in the country, according to Amnesty’s Nassif. Please provide detailed information on any proposed timeline or concrete steps planned to ensure women can be appropriately licensed. Subject: Advancing the rights of women to health in Saudi Arabia. [238]Human Rights Watch telephone interviews with Hayat, December 7, 2015, Khadijah, November 20, 2015, Abdulrahman, December 18, 2015. Do men and women have the same ability to register their children in public schools? [291] Women who do not abide by the dress code can be fined SR1,000 (US$267). [188] Fatima, a women’s rights activist, told Human Rights Watch that unilateral divorce is often done orally without documentation by courts, and that the burden to prove the divorce falls upon the woman.[189]. See art. (Nariman El-Mofty/AP) We start conversations; we can talk about what's going on in our world and what we could do to help. In the end, only 21 women were elected to the municipal councils out of 2,106 contested seats. Copy of family ID, with original for matching, Copy of marriage license, plus copy of residency permit (for non-Saudi husband), with original for matching, Copy of ID of accompanying guardian, with original for matching. [71] See Section VII: Restricting the Right to Employment, Continuing Barriers to Women Working, Mobility Restrictions, p. 72. [283], Dr. Haifa and Guardian Permission to Work, Dr. Haifa, a director of hospital services, told Human Rights Watch that the hospitals under her supervision require guardian permission from women to work in order to prevent unexpected work disturbances. We ask you to respond to this letter and the inquiries above on or before June 7, 2016 so that we may reflect your response in the report we are preparing on this issue and hope to publish in July 2016. [60] Human Rights Watch telephone interview with Najma, May 20, 2015. The male guardianship system not only directly affects a woman’s ability to report the crime to the police and file a court case without the permission of a male guardian, but it also relies on an underpinning idea of women’s obedience that is often in conflict with the possibility of combatting domestic violence, including marital rape. [267] Labor Code of 2005, Royal Decree No. Human Rights Watch telephone interview with former judge, January 4, 2016. According to the writer, the police would not accept her complaint outside the presence of a male guardian. My son is my guardian, believe it or not, and this is really humiliating... My own son, the one I delivered, the one I raised, he is my guardian. [181] Letter from Human Rights Watch to the Saudi Human Rights Commission on behalf of Aisha Ali, August 12, 2010, https://www.hrw.org/news/2010/08/12/letter-saudi-human-rights-commission-behalf-aisha-ali. [128] Human Rights Watch telephone interview with Dr. Zahra, November 30, 2015. [222], Women must also present a family card to be granted a national ID. The General Presidency for Scholarly Research and ‘Ifta, the official state institution tasked with issuing fatwas, stated: Two Saudi female law school graduates, 24 and 25, told Human Rights Watch that women’s testimony may be treated as worth half that of a man in certain, rare instances when strict evidentiary rules exist and are enforced, but that a woman may generally testify as long as she is wearing a headscarf. 6. He finally agreed. Please also provide information on the number and percentage of courts and public notary offices that have not yet been equipped with women’s sections or fingerprinting machines. In practice, some women are prevented from leaving their homes without their guardian’s permission and guardians can bring legal claims requesting that judges order a female dependent to return to the family home. This report is based on interviews conducted with 61 Saudi individuals, including 54 women and seven men. Go to school. Wealthier women, she explained, can also afford to pay some of the costs associated with women’s rights restrictions, like male driver’s fees. When a woman applies for a national identity card or a family card, does she require guardian permission or support at any point during the process; for example, does a “homemaker” still need to submit proof of identity through her husband as noted on the ministry’s website? [177] Men are not required to have their male guardian’s consent and can marry up to four wives at one time. The fatwa stated, “Women driving leads to many evils and negative consequences… [including] mixing with men without her being on her guard… Sharia prohibits all things that lead to vice. The Saudi government is unique among Muslim-majority countries in that it imposes almost complete sex segregation. Yet, because of the ban, women must take taxis driven by men or hire male drivers, often foreign nationals. Women in Saudi Arabia, irrespective of their age, education or employment status, must have a male guardian, typically a father, brother, husband or uncle (mahram). It doesn’t make any sense. According to Zahra, the lawyers told her, “As long as he is not beating you, he can do whatever he wants.” When asked if she felt being unable to travel held her back in her career, Zahra said, “Definitely.”. [252] Other women told Human Rights Watch that conservative judges may force women to abide by a strict dress code or discount statements made by women as witnesses, parties, or lawyers. 49) at 167, U.N. Doc. [97] Implementing Regulations for the Protection from Abuse Law, Ministry of Labor and Social Development, Dec. No. Joint general recommendation/general comment No. Dr. Abeer, a psychologist who has worked on abuse cases for more than 15 years, said that individual judges have increasingly accepted psychological reports, testimony and expert opinions in custody and domestic violence cases following the implementation of the law. CEDAW/C/SAU/CO/2, April 8, 2008, http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CEDAW%2fC%2fSAU%2fCO%2f2&Lang=en (accessed May 19, 2016), paras. Task the Social Affairs, Family and Youth Committee in the Shura Council with monitoring the implementation of CEDAW and Saudi laws, royal decrees, and ministerial decisions that advance women’s rights, including decisions that limit a guardian’s authority. If Britain wants Islamic countries to drop the system of male guardianship, they should first ask Arab women. According to Aisha, two of her husbands, including her third, also abused her. —Zahra, 25-year-old Saudi woman, April 7, 2016. [150], Continued detention following completion of a prison term, including forced stay at a shelter, constitutes arbitrary detention, is in breach of international standards, and is a form of discrimination and a violation of CEDAW. [258] Human Rights Watch telephone interview with Sura, December 6, 2015 and December 14, 2015. [78] “One Day Women Will Drive, Saudi King Says,” AFP, October 14, 2005 http://www.abc.net.au/news/2005-10-14/one-day-women-will-drive-saudi-king-says/2124474 (accessed October 5, 2015). [268], The 2015 changes follow a series of government decisions since 2004 increasing women’s access to the labor market. Since 2004, the Labor Ministry has continued to open up employment opportunities for women, while reinforcing sex segregation rules.[288]. In this report, the terms “male guardianship system” and “guardianship rules” refer to the panoply of formal and informal barriers women in Saudi Arabia face when attempting to make decisions or take action without the presence or consent of a male relative. [290] Ministry of Labor and Social Development Decision No. We are encouraged by steps taken by the former Ministry of Labor and Social Development over the last ten years, including removing discriminatory provisions in the Labor Law, deciding that women no longer require male guardian permission to be employed, and incentivizing employers to hire women. [201] Human Rights Watch telephone interview with Meena, January 12, 2016. Over the last seven months, we have researched the impact of the male guardianship system and sex segregation on women’s rights in Saudi Arabia. A woman’s experience in Saudi Arabia remains dependent on the good will of her male guardian. 67. [149] Human Rights Watch telephone interview with Dr. Heba, December 23, 2015. [93] Imprisoned women whose families refuse to release them are forced to remain in prison or in shelters until they reconcile with their families or obtain a new guardian, occasionally only after arranged marriages. [286] The government’s Commission for the Promotion of Virtue and the Prevention of Vice, or Hai’a, strictly monitors and enforces sex segregation. [168], Saudi Arabia’s discrimination against women in family relations violates CEDAW, which provides that states “shall take all appropriate measures to eliminate discrimination against women in all matters relating to marriage and family relations.”[169] In particular, Saudi Arabia violates women’s equal right to freely enter into and to exit marriage and to ensure men and women have the same rights with regard to guardianship of children.[170]. Meena agreed on a number of conditions, including that her husband provide her and their children financial support. Women’s driving is one of the things that leads to that. [4], The religious establishment largely controls education, the all-male judiciary, and policing of “public morality” through the religious police, or the Commission for the Promotion of Virtue and the Prevention of Vice, informally known as the Hai’a. [41] The site allows guardians to provide permission for a single trip, for multiple trips or until the passport expires. Do any public universities continue to require male guardian permission to enroll adult female students? [75] “Saudi Arabia: Release Women Driving Activists,” Human Rights Watch news release, December 2, 2014, https://www.hrw.org/news/2014/12/02/saudi-arabia-release-women-driving-activists. [213] In 2013, the Ministry of Justice granted women licenses to practice law and, by November 2015, nearly 70 female lawyers were licensed to practice. Moreover, the quality of a woman’s life depends entirely on her guardian. Mobility issues are an additional disincentive to hiring women. The extreme difficulty of transferring male guardianship from one male to another and the severe inequality in divorce rules make it difficult for women to escape abuse. We thank you for your consideration and look forward to a positive response. Yet the government has not taken adequate steps to stop judges from preventing women from freely choosing their spouse or dissolving marriages when male relatives claim a spouse’s status, whether tribal lineage or otherwise, is inadequate. [115] Human Rights Watch telephone interview with Sana, February 20, 2016. [58] Saudi Arabia Ministry of Education, “Terms of the Scholarship Program,” undated, https://safeer.moe.gov.sa/sites/student/Pages/kasreuq.aspx (accessed January 4, 2016) (“A female applicant must have a legally acceptable male companion, who will be required to travel with her and remain with her until the completion of her scholarship study.”). [301], Health regulations in Saudi Arabia do not prohibit women from receiving healthcare without guardian consent. According to Zahra, the lawyers told her, “As long as he is not beating you, he can do whatever he wants.” When asked if she felt being unable to travel held her back in her career, Zahra said, “Definitely.” Her father remains her guardian.[23]. [75] Women who have driven in the country have subsequently been arrested. Dozens of Saudi women have told Human Rights Watch that the male guardianship system is the most significant impediment to realizing women's rights in the country, effectively leaving adult women legal minors who cannot make key decisions for themselves. In cases where children live with their mothers, she can seek travel permission from a court for them, although victories in these cases are very rare. [260] Fatima Muhammad, “Jobs in Saudi Arabia: Pact signed to employee 5,300 women,” Saudi Gazette, April 17, 2014, http://english.alarabiya.net/en/business/economy/2014/04/17/Jobs-in-Saudi-Arabia-Pact-signed-to-employ-5-300-women.html (accessed October 1, 2015). 12: The right of the child to be heard (2009), paragraphs 32, 52 (noting that the age at which the child is “regarded as capable of expressing his or her views” should be determined on a case by case basis), http://www2.ohchr.org/english/bodies/crc/docs/AdvanceVersions/CRC-C-GC-12.pdf (accessed on June 16, 2016). [263] World Economic Forum, “Global Gender Gap Report,” Saudi Arabia, 2015 http://reports.weforum.org/global-gender-gap-report-2015/economies/#economy=SAU (accessed January 3, 2016); “Despite Progress, Laws Restricting Economic Opportunity for Women are Widespread Globally, says WBG Report,” World Bank news release, September 9, 2015, http://www.worldbank.org/en/news/press-release/2015/09/09/despite-progress-laws-restricting-economic-opportunity-for-women-are-widespread-globally-says-wbg-report (accessed October 3, 2015).