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Summary: This report extracts mentions of children's rights issues in the reports of all UN Treaty Bodies and their follow-up procedures. This does not include the Concluding Observations of the UN Committee on the Rights of the Child which are available here: http://www.crin.org/resources/treaties/index.asp Scroll to: ___________________________________________________________ Has not yet signed or ratified. Has not yet signed or ratified. Children of domestic workers: The Committee welcomes the recent initiative to include non-Saudis in a health insurance system. The Committee has also noted with satisfaction that measures have been taken to put an end to the practice of employers retaining the passports of their foreign employees, in particular domestic workers. It also notes the high number of schools that have been authorised to offer programmes for the education of children of migrant workers that have been designed in their country of origin. (Paragraph 6) Noting that the law guarantees equal status to all workers, Saudi and non-Saudi, the Committee wishes to obtain further information on the practical implementation of this principle, particularly given the high proportion of migrant workers in Saudi Arabia (60 per cent of the workforce in Saudi Arabia are migrant workers). (Paragraph 16) The Committee is concerned about allegations of substantial prejudice against migrant workers, in particular those coming from Asia and Africa. The Committee invites the State party to report on the situation, in particular, of women domestic workers and draws the attention of the State party to its general recommendation XXV on gender-related dimensions of racial discrimination. (Paragraph 17) Human rights education: The Committee notes that insufficient information has been provided on efforts to promote racial tolerance within the State party, such as in school curricula and public information campaigns. The Committee recommends that the State party provide this information in its next report. (Paragraph 12) Nationality: The Committee, noting the information provided concerning the acquisition of nationality under the Nationality Regulations, is nevertheless concerned that a Saudi woman is unable to transmit her nationality to her child when she is married to a foreign national, and that a foreign man is unable to acquire Saudi nationality in the same manner as a foreign woman. The Committee requests the State party to consider the possibility of modifying these provisions in order to conform to article 5 (d) (iii) of the Convention. (Paragraph 14) ___________________________________________________________ Domestic violence against women and girls: While noting that a domestic violence law is being drafted and social protection committees have been established recently, the Committee is concerned about the incidents of violence against women, the absence of specific laws relating to violence against women, and the lack of prosecution and punishment of perpetrators of violence against women, including domestic violence. It is concerned that social attitudes and the concept of male guardianship over women deter and often prevent victims from reporting cases of violence. The Committee is also concerned about the lack of information and data in the report on the prevalence of different forms of violence against women, especially data on perpetrators. The Committee requests the State party to give high priority to comprehensive measures to address all forms of violence against women and girls, recognising that violence is a form of discrimination against women and constitutes a violation of their human rights under the Convention. The Committee calls upon the State party to enact, as soon as possible, legislation on violence against women, including a comprehensive law on domestic violence, to ensure that violence against women is a criminal offence, that women and girls who are victims of violence have access to immediate means of redress and that perpetrators are prosecuted and punished. The Committee recommends that the State party implement educational and awareness-raising measures aimed at law enforcement officials, the judiciary, health-care providers, social workers, community leaders and the general public, to ensure that they understand that all forms of violence against women, including violence in the home, are unacceptable. It encourages the State party to make full use of the Committee’s general recommendation 19 in such efforts and of the in-depth study of the Secretary-General on all forms of violence against women (A/61/122 and Add.1 and Add.1/Corr.1) and his recently launched worldwide multi-year campaign to eliminate it. The Committee requests the State party to provide information in its next report on the laws, policies and programmes in place to deal with all forms of violence against women, in particular the approach of the 13 social protection committees, and on the impact of such measures, as well as statistical data and trends concerning the prevalence of various forms of violence. (Paragraphs 21 and 22) Migrant workers and their children: The Committee notes with concern that the State party did not provide sufficient information and statistical data on the situation of non-Saudi Arabian women residing in the State party. It is especially concerned about the status and situation of female domestic migrant workers, in particular as they are not yet covered by the current labour code, often are not aware of their rights, and, in practice, cannot easily file complaints and gain redress in cases of abuse. The Committee also expresses concern with regard to the rights of the children of these women, in particular in relation to residency and access to health services and education. While appreciating the State party’s efforts to combat the trafficking of women and girls, including its accession to the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children (Palermo Protocol), the national plan to combat trafficking, and the draft law on combating the trafficking of human beings, the Committee is concerned about the persistence of trafficking and the economic and sexual exploitation and ill-treatment of young migrant girls employed as domestic servants. The Committee urges the State party to provide full details on the situation of non-Saudi women, in particular domestic workers, in its next report and on their enjoyment of the rights established by the Convention. It calls upon the State party to grant in law and practice female domestic migrant workers, including their children, the rights provided for in the Convention and to implement measures aimed at informing them about these rights. It also urges the State party to adopt a labour law concerning domestic workers as a priority. The Committee also urges the State party to fully implement article 6 of the Convention, including by speedily enacting specific and comprehensive national legislation on the phenomenon of trafficking that ensures that victims are adequately protected and assisted. It also recommends that the State party increase prevention efforts, by addressing the root causes of trafficking through bilateral and/or multilateral cooperation with the countries of origin so as to eliminate the vulnerability of women and girls to being trafficked into Saudi Arabia, as well as the provision of assistance and support to these trafficking victims, using the Office of the High Commissioner for Human Rights Recommended Principles and Guidelines on Human Rights and Human Trafficking (E/2002/68/Add.1). (Paragraphs 23 and 24) Nationality: The Committee notes with concern that certain provisions of the Saudi Arabian Nationality Code contradict article 9 of the Convention and continue to discriminate against Saudi Arabian women married to non-Saudi nationals. It is also concerned that children of such marriages do not have an equal right to nationality as children of Saudi men married to non-Saudi women. The Committee requests the State party to amend the Nationality Code so as to bring it in conformity with article 9 of the Convention and to withdraw its reservation concerning article 9, paragraph 2. (Paragraphs 27 and 28) Education: While acknowledging the significant progress made in the area of women’s education and appreciating the efforts of the State party to revise school curricula to remove stereotyped images of women and men, the Committee is concerned about the high rate of illiteracy among women, which demonstrates a pattern of direct and indirect discrimination under article 10. It is also concerned about the discrimination against women in relation to their access to certain fields of studies. The Committee also expresses concern that the number of women in higher studies is still low compared to their male counterparts. It regrets that the State was not able to provide sufficient information and statistical data regarding the levels of education and access to education by women and girls from rural areas, and non-Saudi nationals. The Committee encourages the State party to raise awareness of the importance of education as a human right and as the basis for the empowerment of women. It recommends that the State party implement measures to ensure equal access for girls and women to all levels and fields of education and ensure the retention of girls in school. The Committee calls on the State party to make every effort to improve the literacy level of girls and women through the adoption of comprehensive programmes of formal and non-formal education, and through adult education and training. The Committee requests the State party to provide detailed information and statistics in its next report on the education of women and girls, including those from rural areas, and non-Saudi nationals. (Paragraphs 29 and 30) Parental leave: While appreciating the positive steps taken with regard to labour legislation, including the repeal of the provision on sex segregation at the workplace, the Committee is concerned that the participation of women in the workforce is still very low. The Committee notes with concern the gaps in the data provided on women’s employment. While noting that a study on a maternity leave law for the private sector is being finalised, the Committee is concerned that paid maternity leave is currently only provided for in the public sector. It also expresses concern regarding impediments to women’s employment, such as the lack of adequate childcare facilities in the private sector and de facto workplace segregation of women and men. The Committee requests the State party to take immediate and more targeted steps to increase women’s participation in the workforce, in particular by ensuring the implementation of the laws enacted for the advancement of women. It also urges the State party to prioritise the adoption of a law regarding maternity leave in the private sector and calls upon the State party to remove impediments to women’s employment, including by abolishing de facto workplace segregation of women and men and by ensuring that there are adequate childcare facilities in all areas. It also requests the State party to provide in its next report more information and more detailed data on women in employment, including incidents of sexual harassment and the positions held by women in the private and public sector. (Paragraphs 31 and 32) Health: While commending the efforts made by the State party to improve the health- care infrastructure, the Committee expresses concern about the lack of information and data on health problems unrelated to maternity, as well as the access by women and girls from rural areas and non-Saudi nationalities to adequate health-care services. The Committee further expresses concern that women may require the permission of their male guardian to access health facilities. The Committee calls upon the State party to take all necessary measures to improve women’s access to health care and health-related services and information, within the framework of the Committee’s general recommendation 24. The Committee further recommends that special attention is paid to the health needs of women from rural areas and non-Saudi nationalities. The Committee also recommends training for hospital staff on the rights of women regarding health care and the implementation of a system of supervision to ensure that staff respects these rights. (Paragraphs 33 and 34) Marriage: The Committee is concerned that there is no legally prescribed minimum age of marriage for girls and boys. The Committee expresses concern that legal provisions relating to personal status, in particular concerning marriage, divorce, the custody of children and inheritance, do not provide for equal rights for women and men. The Committee urges the State party to prescribe and enforce a minimum age of marriage of 18 years for both women and men, in accordance with article 16, paragraph 2, of the Convention and the Convention on the Rights of the Child, and to introduce legislative reforms to provide women with equal rights in marriage, divorce, the custody of children and inheritance. It calls upon the State party to end the practice of polygamy, in accordance with the Committee’s general recommendation 21, on equality in marriage and family relations. (Paragraphs 35 and 36) Corporal punishment: The Committee welcomes the following: (c) The State party’s expression that its domestic law provides that no exceptional circumstances, including superior orders, may be invoked as a defence to a charge of torture, the reassurance that statements obtained by torture are inadmissible in proceedings, and the oral assurance that confessions are revocable at any point of proceedings. The State party’s reassurance that corporal punishments are not imposed upon minors was noted; (Paragraph 3) Incommunicado detention: The Committee is concerned about the following: (e) Reports of incommunicado detention of detained persons, at times for extended periods, particularly during pre-trial investigations. The lack of access to external legal advice and medical assistance, as well as to family members, increases the likelihood that conduct violating the Convention will not be appropriately pursued and punished; (Paragraph 4) The committee recommends, in particularly, that the State party: (h) Ensure, in practice, that persons detained in custody are able to exercise prompt access to legal and medical expertise of choice, to family members and, in the case of foreign nationals, to consular personnel; (Paragraph 8) Has not yet signed or ratified. Ratified in 2008, but has not yet reported. ___________________________________________________________ Has not yet signed or ratified.
Please note that the language may have been edited in places for the purpose of clarity.
UN Human Rights Committee
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UN Committee on Economic, Social and Cultural Rights
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UN Committee on the Elimination of Racial Discrimination
(CERD/C/62/CO/8)
Concluding Observations; 21 March 2003
UN Committee on the Elimination of Discrimination against Women
(CEDAW/C/SAU/CO/2)
Last reported: 17 January 2008
Concluding Observations published: 8 April 2008
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UN Committee against Torture
(CAT/C/CR/28/5)
Concluding Observations published: 12 June 2002
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UN Committee on Migrant Workers
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UN Committee on the Rights of Persons with Disabilities
UN Committee on Enforced Disappearance
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