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In Arabic [RIYADH, 28 July 2008] - In the run up for the review of Saudi Arabia's file of human rights which will take place next February, the Saudi Arabian government is now examining some of its national laws "relating basically to women and children" for their compatibility with international human rights treaties. Saudi Crown Prince Sultan Bin-Abdulaziz, formed a governmental committee of representatives from 8 ministries: Interior, Foreign Affairs, Justice, Labor, and Social Affairs, in addition to representatives of the government's Human Rights Commission, and the National Society for Human Rights, all working under the umbrella of the Experts Commission (the legislative arm) of the Saudi cabinet. The committee agreed on some conclusions of a study made by the National Society for Human Rights (NSHR) to this aim. Generally, the committee considers amendment of a number of articles in the national laws, activation of some laws previously issued by higher authorities, and issuing of some new laws. Discrimination against woman Women's Rights to Identity Child's Right to identity (article 8 of the CRC) Child Participation (article 15): Saudi Children's Shura Council Juvenile Justice System and Children Protection See full Report by Alsharq Alawsat
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Most of the committee's recommendation move in favour of eliminating measures that discriminate against women. The governmental committee called the Ministry of Interior to look into the amendment of Articles 5 and 8, and Paragraph 1 of Article 9 of the Statute of Travel Documents, state that "underage children and women are of the same legal status, as each needs a guardian" which is not compatible with the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)..Article 15
The committee also agrees with NSHR on the need to amend Article 67 of the Civil Status Law, which restricts the woman's right to obtain an identity card unless her guardian agrees. The original article says that "any male Saudi citizen on reaching the age of 16 years has to go to any of the civil status departments to obtain a personal identity card. Obtaining the identity cards is optional for a woman whose age is between 10 and 15 years after she obtains the agreement of her guardian". Amending the text would clearly indicate that the right of a woman to obtain a national identity card is not subject to the approval of her guardian. At the same time the representative of the Ministry of Interior participating in these meetings points out that what is currently taking place is that the approval of the woman's guardian is not considered a condition to obtain the identity card.
The NSHR's study stresses that Article 67 of the Civil Status Law, in addition to discriminating between men and women, it also contradicts Article 8 of the Convention on the Rights of the Child. But the conferees pointed out that there is no discrimination in this article as well as it does not contradict the rulings of the agreement as the agreement of the guardian is necessary for the child, either male or female to have the identity card.
The study NSHR also asserts the importance to amend the law of civil society associations by lowering the minimum age of members and founders so that it becomes possible to activate article 15 of the Convention on the Right of the Child, which states the child's right to freedom of association and freedom of peaceful assembly. However, the governmental committee says in its final report that "civil society law, currently examined by the Commission of Experts, does not set a minimum age for association membership it only restricts full majority to the founding members".
The committee also announced that a proposal is being considered to establish a Shura (consultative) Council for Children of the Kingdom, stating that: "It the children's shura council" will fulfill some aspects included in this article"
NSHR's study asserted the need for preventative measures, effective procedures and social programs, as well as a clear legal definition for the crimes against children, it said that "the Commission of Experts is examining a draft law on children protection which specifies the deeds that constitutes a violation of the children's rights. The draft law in a whole is derived from the text of the Convention on the Rights of the Child."
NSHR also called in its study for the establishment of a comprehensive juvenile justice system, taking into consideration article 37 of the Convention on Rights of the Child
The governmental committee while agrees with NSHR in considering such system would be a positive addition to what the Kingdom is undertaking in this field", it points out that the statute of the social care institution, issued 34 years ago, includes in its Articles 1 and 10 rulings related to the penal procedures against minors in a way that is compatible with their situation. The committee points out that the draft law on children protection will include rulings related to these rights.