by Anne-Sophie de Groot
In recent years Saudi Arabia has been working on its culture's image regarding women's rights. The country says it wants to adapt to fit the customs of the contemporary world. Saudi-Arabia is seen as an ultra-conservative kingdom, with laws based on the Sharia, but the de facto ruler, Crown Prince Mohammed bin Salman, has been one of the initiators of the reform in the country. He claims to aspire to return to a more moderate Islam, as the country had a more open past.
Source photo: Tribes of the World
One of the most criticised aspects of the Saudi culture and law is that in many ways women are not free to make their own decisions. All Saudi women have a male guardian, which can be a father, brother, husband, or any male relative. These men control the life of women from birth to death, by, for example, having to give permission to a woman to marry, rent a place to live and obtain certain healthcare. In recent years, however, this system has been modified.
Since 2015 women are allowed democratic participation. Women are allowed to vote, and to serve in Shura Council and municipal councils. Nevertheless, in practice, this democratic participation is hurdled. To register to vote, women need to prove their residency in their district. This often remains an obstacle, as women are usually not listed on rental agreements or housing deeds and only their husband holds the ‘family card’. Also in the councils, women have limited authority, as the meetings are segregated and women may only participate through video link.
Another positive development is that nowadays all persons over the age of 21 are able to obtain a passport, meaning that women do not need the permission of their male guardian to get a passport. Also women over the age of 21 are now allowed to travel freely without requiring permission. Registering of birth, death, marriage and divorce and obtaining family records was earlier only possible for men, now women are enabled to do this. This improves the ability to conduct government business on their children’s behalf. Additionally, women don’t have to live with their male guardian anymore, which lets women rent their own apartments and live on their own, for example after divorce. Women are also more protected from marrying young, as marriage under the age of 15 is now prohibited, and regulated under the age of 18.
Source picture: Democracy Chronicles (a photo of Loujain al-Hathloul, a Saudi activist arrested for driving illegally)
Since June 2018 women are allowed to drive. This was one heavily campaigned right, as Saudi Arabia was the last country in the world to ban women from driving. However, even though the royal decree allows women by law to obtain a driver’s license, there are more steps to get there that still remain obstacles to gain access to this freedom, such as the limited number of lessons offered to women and these also being more expensive than men’s lessons.
Great improvement is also made as part of an economic reform, with labour law providing protection against discrimination on the basis of disability, age and sex. It has now become illegal for a private employer to require a male guardian’s permission for a woman to work and the law now includes that a ‘worker’ can be female as well as male. Additionally more women are graduating from studies and are able to study abroad, which paves way for more labour and public participation.
Moreover, another positive change for women is the restriction of religious police powers, which enforces amongst other things sex segregation rules and moral public dress. The regulation removed the power to arrest, pursue and request documentation. This restriction of powers is a positive improvement, as it has been concluded by Human Rights Watch that the religious police disproportionately negatively impacted women. The religious police was in place to enforce social and morality norms but had been receiving criticism for excessive actions and brought negative attention upon the kingdom. The easing up of restrictions and religious police may pave the way for easing gender segregation.
However, an issue that remains is the public perception of women having more freedoms. Even though women have these new rights, the public view still seems to discourage women from applying for those. As family is important for them, women don’t want to act against the will of their family or to bring ‘shame’ upon their family’s reputation. A study from 2018 has shown that it is not so much the personal opposition of the people, but rather the fear of a social stigma that drives opposition to these freedoms for women. Many people believe that their neighbours and family will frown upon female workers, yet the study actually shows that this is not the reality, instead there is increasing acceptance. Thus now it is not the law that prevents women from working, but the misperceived social norms.
Even though the laws are changing, male guardianship remains in place. Women are receiving more freedoms, but they still need male approval in instances such as marriage, leaving prison and obtaining certain healthcare. If a woman does not follow this law, it leaves the male guardian the possibility of filing criminal charges for ‘disobedience’. The woman will either be (forcefully) brought back to the guardian or she will be imprisoned. Furthermore, the laws are still discriminatory in areas such as marriage, divorce, inheritance and passing citizenship to their children. Women also don’t receive adequate protection against (sexual) violence.
Of course there are families that are very tolerant, that allow women to choose their own paths, but much remains frowned upon, such as uncovering their hair or face. Women start to mingle more with men and participate more in public life in cities, but outside of those cities they remain excluded. As long as the law and public perception remain ultra-conservative, change will be slow and little.
In 2000 Saudi Arabia has acceded to the United Nations Convention on the Elimination of all Forms of Discrimination against Women (CEDAW), however, it has however it has added a reservation. This holds that where a contradiction exists between the norms of Islamic law and the Convention, it does not need to follow the contradictory terms of the Convention. Meaning that women are equal in as much as their interpretation of the Islamic law prescribes.
Regrettably, the people that have been advocating for the freedoms for women that are now granted, are precisely the ones not able to enjoy the newly granted rights. 13 prominent female activists are being prosecuted for campaigning for the right to drive and against male guardianship. Nassima al-Sada is one of these women. She was arrested a week after the driving ban for women was lifted. She has spent a year in solitary confinement, has been tortured and is not allowed any visitors, not even her lawyer.
Now on a more positive note: you can help her. Nassima al-Sada has been selected for the write for rights campaign of Amnesty International. If you participate in the campaign, by writing letters, you can help Naasima to be released. More information on the campaign and what you can do you will find here in Dutch or in English
You can also find information on our write for rights committee on instagram, write4rights_utrecht
Your help is much appreciated!
Source photo: Amnesty International
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