The United Nations Working Group on Discrimination Against Women has affirmed that some judgments and legal practices in the Kingdom of Saudi Arabia are still considered discriminatory and contravene international human rights standards. In a letter addressed to the Saudi government in October 2023, the group's chair, Dainius Pūras, emphasized that the information they received indicated that provisions in the Personal Status Law of 2022 legalize such practices.
Dorothy clarified that under Articles 45 and 55 of the law if a woman refuses to be with her husband or to move to the marital home or travel with him "without a legitimate reason," she loses her right to spousal maintenance, which includes food, clothing, shelter, and other "essential needs." A woman who leaves the marital home may also lose custody of her child without any specific details provided. Additionally, under Article 42, a woman is obligated to "obey" her husband "in what is recognized as customary."
The letter considered that the legal provisions and social practices that restrict women's movement based on the requirements of male guardianship are manifestations of harmful stereotypical concepts of male superiority, which are inherently discriminatory and demeaning. It was seen as a violation of women's right to equality before the law, as well as other rights, including the right to freedom of movement, education, employment, and access to justice.
The expert emphasized that these provisions and practices could easily lead to oppressive control by male family members, resulting in the exclusion of women from certain areas of society and confining them to other areas.
The working group referred to Article 13 of the Universal Declaration of Human Rights, which enshrines the right to freedom of movement, and Article 12 that prohibits any arbitrary interference with a person's privacy, family, home, or correspondence. They emphasized that the right to privacy is essential for human dignity.
The letter also pointed out that Saudi Arabia ratified the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) in 2000, which requires putting an end to discriminatory practices. It further explained that under the Convention, Saudi Arabia should take several steps, including:
- Taking all appropriate measures to modify the social and cultural status.
- Eliminating prior convictions, customary practices, and all other practices based on prejudice or the idea of superiority of one gender or on stereotypical roles of men and women.
- Equality between men and women before the law.
- Granting men and women equal rights in terms of movement and travel.
- Taking all measures to eliminate discrimination against women in all matters relating to marriage and family relations.
- Recognizing women as agents of cultural change.
- Abolishing all discriminatory provisions in the law, especially those governing marriage and divorce, child-rearing, inheritance, and freedom of movement.
In addition to eliminating direct discrimination, the letter emphasized that societal practices require countries to take effective measures to support genuine equality through legal frameworks and long-term awareness initiatives aimed at eliminating patriarchal authority. The Working Group called on the Saudi government to review the Personal Status Law and abolish any provisions that discriminate against women and girls or have a discriminatory impact on them.
The European Saudi Organization for Human Rights points out that Saudi Arabia has used the enactment of the Personal Status Law in its promotion, portraying it as a shift in its approach to women's rights issues despite all the surrounding flaws. The organization believes that the escalating violations against women activists and defenders in recent years, through arrests, convictions, and restrictions, reflect the true nature of dealing with women's rights.