98. The enablement of women and the promotion and protection of their rights has undergone the most reforms and developments in the period covered by the report, as evidenced by
Page 28 of 45 the quantity and quality of measures and results in the area, which seek to empower women and promote the concept of equality between them and men, in light of the provisions of Islamic Sharia. These measures include: drafting the Code of Judicial Decisions (previously mentioned in the report) with a chapter dedicated to personal status decisions; the issuance of High Order no. 33322, dated 21/07/1438 H (corresponding to 18/04/2017), mentioned in Paragraph 21 above, which states that women should not be required to obtain the consent of another person to receive or terminate services; the appointment of 30 women in the Shura Council (20% of the total membership); and granting women the right to vote and run for municipal councils. Furthermore, six women have joined the board of the Human Rights Commission. Saudi women increasingly occupy more important positions such as deputy minister, university director, head of boards of directors at several major companies such as the Saudi Stock Exchange (Tadawul), and have access to decision-making positions in the public and private sectors.
99. Many decisions have been taken to promote women’s rights in relation to the judiciary41, including:
a. Approving the Alimony Fund, as indicated in Paragraph 24 above b. Issuance of the marriage contract in two copies, one for each spouse
c. Allowing women to acquire certification licenses, which grant them the powers of certain notary functions
100. The establishment of the Family Affairs Council and the creation of two committees – for women’s affairs and family protection – are considered significant developments in the institutional framework for the promotion and protection of the rights of women and families. The Committee on Women has already commenced organizing several consultative workshops to review the most notable laws related to women, and has also adopted a mechanism for developing a national strategy for women.
101. The promulgation of the Protection against Abuse Law and its implementing regulations42 – and related operational measures – has contributed to combating violence against women in all its forms, as per what has been provided for in Paragraph 6 above.
Page 29 of 45 102. A center was established in 2016 to receive all reports of domestic violence – as mentioned previously in Paragraph 60. The Public Prosecution – in accordance with Article 17 of the Law of Criminal Procedure – shall have the jurisdiction to initiate criminal action and investigate cases involving a private right of action, if it deems it necessary for public interest.
103. As part of promoting women’s right of movement, High Order no. 905 – dated 06/01/1439H (corresponding to 26/09/2017) – approved the implementation of the Traffic Law and its implementing regulations, including the issuance of driving permits to women and men alike. In its preparations for women drivers in the Kingdom, the General Department of Traffic has already authorized five driving schools in the Kingdom to provide lessons to women, and collaborated with universities to open quality driving schools and prepare 21 locations across the Kingdom to receive women with foreign driving licenses wishing to replace them with a Saudi license. It should be noted that the High Order has already entered into force, and women in Saudi Arabia have taken to the road on 10/10/1439 H (corresponding to 24/06/2018).
104. Various initiatives have been launched to empower women economically across all regions of the Kingdom, such as the “Qurrah” program, which helps improve the facilities at childcare centers for working women, and the “Wusool” program, which supports the commute of working women. Additional initiatives include the “Freelance Program”, which helps women generate additional income using their different skills, and the “Part-Time” and “Remote Work” Programs, both of which enable women to strike a healthy balance between their families and their jobs, and gives women living in rural and remote areas the opportunity to engage in the labor market.
105. As a result of increased female participation in the legal domain, with women now initiating procedures in the court, working at the Public Prosecution, or offering legal services as lawyers, the Public Prosecutor has issued instructions for the equal treatment of both female and male lawyers and prosecutors, and to provide women with access to both the case files and trials of their clients, in accordance with Article 70 of the Law of Criminal Procedure.
Page 30 of 45 106. Among other noteworthy developments is the increase of women holding government positions, the creation of programs for expanding women employment in cooperation with the Human Resources Development Fund, the General Organization for Social Insurance, and the Technical and Vocational Training Corporation, and in partnership with business owners. In the first quarter of 2018, the number of working women reached 2,033,668, compared with 2,008,233 in 2017 for the same period. Furthermore, the number of Saudi women in leadership positions in the private sector increased to 559,814 in the first quarter of 2018, representing 32% of the total number of Saudis in similar positions. Saudi Vision 2030 aims to increase the participation of women in the labor market from 22% to 30% by the year 2030, which would contribute to a 3% increase in the non-oil GDP.
107. With regard to equal pay for equal work, Article 34 of the Standard Regulations of the Labor Law provides for a number of general terms, including the prevention of discrimination in wages between men and women for work of equal value. It should be noted that the Kingdom is also party to the ILO Equal Remuneration Convention no. 100 and the Discrimination (Employment and Occupation) Convention no. 111.
108. In addition to the achievements made in the development of women’s rights, the Mother and Child Health Passport (MCHP) was adopted to help track the medical history of the mother and child from pregnancy and birth until the child’s 5th birthday. An advanced model for prenatal care has also been implemented, with the relevant literature amended and published in accordance with the standards of the World Health Organization.
Furthermore, the National Observatory for Women was established as a resource institute affiliated with the King Abdullah Institute for Research and Consulting Studies at King Saud University. It specializes in monitoring the Saudi woman’s contribution to development and her growing role in civil associations and institutions, given that she represents 25% of the founding members of the Human Rights Commission, the boards of banks, chambers of commerce, and the Saudi Council of Engineers, and that there has been an increasing number of charities established or supervised by women.
109. Saudi businesswomen have registered high standings in international lists and rankings, and have organized several workshops in various regions of the Kingdom aimed at
Page 31 of 45 promoting the concept of women’s rights, in addition to their excellent role in the activities and cultural dialogues organized by the King Abdulaziz Center for National Dialogue. They have also implemented effective programs for the development of services provided to women, including: family security mechanisms, productive household programs, maternity programs, sports and recreational programs, and the support of low-income families to improve their own resources and transform their dependence to productivity.
110. With regard to forced and early marriages, it should be noted that forced marriage is prohibited under the provisions of Islamic Sharia, which state that marriage may only occur with the consent of the woman, and prohibits preventing her from marriage, forcing her to marry against her will, or preventing her from marrying someone who meets the necessary religious requirements. The King Abdulaziz Center for National Dialogue has conducted an analytical study in cooperation with all concerned parties and civil society institutions, and concluded that the numbers are constantly decreasing. As a result, several recommendations were made for the adoption of a number of procedures and controls, taking into consideration Article 16 paragraph 3 of the implementing regulations of the Child Protection Law, which states, “Prior to the conclusion of any marriage contract, it must be ascertained that the marriage of those below eighteen years of age shall not cause any harm to either of the parties involved and only serves their best interest.”
111. The human rights education and awareness programs and activities organized by the relevant authorities – such as the Ministry of Education, the Ministry of Culture and the Human Rights Commission – aim to correct the misconceptions that may lead to discrimination against women. They are an extension of the role played by the Council of Senior Scholars in correcting such concepts through the issuance and publication of statements across mass media and social media channels, and via the media programs that host its members. The Ministry of Islamic Affairs, Dawah and Guidance also plays a significant role in this regard through the preachers and imams of mosques.
Page 32 of 45 Child Rights43
112. The Kingdom of Saudi Arabia has made remarkable progress towards the promotion and protection of the rights of the child through the various measures it took to strengthen the relevant legal and institutional frameworks, including the promulgation of the Child Protection Law and the Juvenile Law; the establishment of the Family Affairs Council and its affiliated Committee on the Child; and the issuance of the 10-year Strategic Plan of the Ministry of Health by way of Council of Ministers Resolution no. 320 – dated 17/09/1430H (corresponding to 07/09/2009) – which focuses on childhood and motherhood and includes precautionary measures and treatments suitable for the child’s various stages of development and growth, from the embryonic stage (covering genetic diseases) to full growth and maturity. Furthermore, preschools/kindergartens in the Kingdom have undergone developments that enable them to nurture the child in terms of personality, talents and mental and physical abilities.
113. On preschool development, the Council of Ministers issued Resolution no. 152, dated 29/04/1437H, providing for the jurisdiction of the Ministry of Education in all preschool (ages 3-6) affairs in the Kingdom, which includes the issuance of the necessary licenses for the implementation, monitoring and supervision of its activities.
114. The growing role of civil society associations and institutions in childhood reflects their interest in the rights of the child. Several developments have been achieved in this area, including: the development of talent scouting and sponsorship services, whether through the King Abdulaziz & his Companions Foundation for Giftedness and Creativity, or through the various programs of the Ministry of Education and civil institutions; the development of services for children with both academic and medical disabilities;
increased attention to the behavioral aspects of children in educational institutions; and the intensification of proper social upbringing programs, which instill much needed values in both the child’s person and conduct, bracing them against deviation and extremist notions.
Page 33 of 45 115. A number of childhood programs and projects44 have been launched, including the development of preschools and daycares and the expansion of their coverage to all areas of the Kingdom, and the modernization of early childhood programs and activities.
116. With regard to combating violence against children, the Ministry of Education has implemented the “Rifq” Project, an educational program aimed at reducing bullying in general education schools using a number of methods, including: raising awareness among students, faculty members and parents regarding the concept, causes and forms of bullying; training faculty members and parents on the suitable educational preventive measures for reducing and addressing bullying; and equipping guidance counselors with methods for the early detection and management of bullying.
117. The “16111” toll-free helpline was established to support and help children below the age of 18, by receiving complaints related to children suffering from any form of abuse, neglect and exploitation, whether at home, school, the neighborhood, public places, government or private institutions and the like, and providing immediate and specialized advice to children. This helpline has also become a member of the Child Helpline International Organization.