SAUDI ARABIA: Persistent violations of children's rights

Summary: The violations highlighted are those issues raised with the State by more than one international mechanism. This is done with the intention of identifying children's rights which have been repeatedly violated, as well as gaps in the issues covered by NGOs in their alternative reports to the various human rights monitoring bodies. These violations are listed in no particular order.

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Discrimination against children with Saudi mothers in relation to the inheritance of nationality

UN Committee on the Rights of the Child (Concluding Observations, March 2006)

As regards the child’s right to acquire nationality, the Committee is concerned about the discrimination against children on account of their fathers’ nationality. Children of Saudi fathers acquire Saudi nationality at birth, regardless of the child’s birthplace, but Saudi women cannot transmit their Saudi nationality to their children born from a relationship with a non-Saudi man or from a non-marital relationship.

The Committee recommends that the State party review its legislation on nationality in order to ensure that nationality can be transmitted to children through both the maternal and paternal line without distinction. (Paragraphs 38 and 39)

UN Committee on the Elimination of Racial Discrimination

Concluding Observations issued: 21 March 2003

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)

UN Committee on the Elimination of Discrimination against Women

Last reported: 17 January 2008

Concluding Observations issued: 8 April 2008

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)

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Violence against women and girls, particularly physical abuse and domestic violence

UN Committee on the Rights of the Child (Concluding Observations, March 2006)

The Committee is encouraged by the State party’s recent efforts to break the silence around child abuse issues and to prohibit and raise awareness of abuse, neglect and ill-treatment of children. It notes with appreciation a workshop on child abuse held in April 2004 with the support of the Arab Gulf Programme for United Nations Development Organisations (AGFUND), the United Nations Children’s Fund (UNICEF) and the Arab Bureau of Education for Gulf States and the subsequent Royal Decision of the King Fahad Bin Abdul Aziz requesting the General Secretariat of the Saudi National Commission for Childhood to form a mechanism to end child abuse. It also notes with appreciation the information provided by the State party delegation on the national toll-free helpline for children. Nevertheless, the Committee is deeply concerned that there is insufficient information about and awareness of the abuse and ill-treatment of children within the family. The Committee notes with concern that reportedly domestic violence remains a serious problem in the State party.

The Committee urges the State party to:

(a) Conduct a study to assess the nature and extent of ill-treatment and abuse of children and design a comprehensive strategy based on the Royal Decision of the King Fahad Bin Abdul Aziz requesting the General Secretariat of the Saudi National Commission for Childhood to form a mechanism to address child abuse;

(b) Take legislative measures to prohibit all forms of physical and mental violence against children, including sexual abuse in the family;

(c) Carry out public education campaigns about the negative consequences of ill-treatment of children and domestic violence in general;

(d) Establish effective procedures and mechanisms to receive, monitor and investigate complaints, and intervene where necessary;

(e) Investigate and prosecute cases of ill-treatment, ensuring that the abused child is not victimised in legal proceedings and that his/her privacy is protected;

(f) Provide adequate care, recovery and reintegration for victims;

(g) Train professionals working with and for children, such as teachers, law enforcement officials, care workers, judges and health professionals, in the identification, reporting and management of ill-treatment cases; and

(h) Seek assistance from, among others, United Nations Children’s Fund (UNICEF)

UN Committee on the Elimination of Discrimination against Women
Last reported: 17 January 2008
Concluding Observations issued: 8 April 2008

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)

UN Special Rapporteur on violence against women
Country visit: 4 to 13 February 2008
Report published: 14 April 2009
Yakin Ertűrk

Divorce on grounds of domestic violence is also difficult to obtain as judges are said to demand levels of evidence which are difficult, if not impossible, for women to provide. In case of divorce, a Saudi woman may keep her children until they reach the age of 7 for girls and 9 for boys. Custody of children over these ages is generally awarded to the father or, if he is deceased, to his family. In rare cases where women may be granted physical custody, fathers retain legal custody. This means, for instance, that all transactions on behalf of the children require the father's consent. Foreign women married to Saudi nationals also encounter significant discrimination in custody and divorce matters. (Paragraph 81)

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Discrimination against children of migrant workers, particularly with regards to education and health

UN Committee on the Rights of the Child (Concluding Observations, March 2006)

Noting the very high number of non-Saudi (migrant) workers in the State party, and the status of female domestic workers on the margins of society, the Committee is concerned about the situation and vulnerability of non-Saudi (migrant) workers’ children in the Saudi society. It notes with concern that non-Saudi (migrant) workers’ children without legal residence status do not have access to health services or to education. The Committee is deeply concerned about the imprisonment of female non-Saudi (migrant) workers for their “illegal pregnancies” and the living conditions of non-Saudi (migrant) workers’ children living in prison with their parents.

In the light of article 2 of the Convention, the Committee recommends that the State party take all appropriate measures to ensure that each child living within its jurisdiction enjoys without discrimination the rights set forth in the Convention. It recommends that the State party develop and implement policies and practices to better protect and serve children of migrant workers. The Committee urges the State party to end as a matter of priority the arrest and imprisonment of unmarried non-Saudi (migrant) women who become pregnant, including victims of sexual violence. It further recommends that the State party develop and implement adequate alternative care for children who are removed from prison and allow them to maintain personal relations and direct contact with their mothers remaining in prison. In addition, the Committee encourages the State party to ratify the United Nations Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. (Paragraphs 69 and 70)

UN Committee on the Elimination of Racial Discrimination
Concluding Observations issued: 21 March 2003

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)

UN Committee on the Elimination of Discrimination against Women
Last reported: 17 January 2008
Concluding Observations issued: 8 April 2008

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)

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Discrimination against girls with regards to education

UN Committee on the Rights of the Child (Concluding Observations, March 2006)

The Committee shares the concerns expressed by the Committee on the Elimination of Racial Discrimination in its concluding observations on Saudi Arabia adopted in March 2003 (CERD/C/62/CO/8) that the mere statement of the general principle of non-discrimination in domestic law is not a sufficient response to the requirements of the Convention. De jure and de facto discrimination against girls and de facto discrimination against children born out of wedlock are issues of particular concern to the Committee as well as disparities in the enjoyment of economic and social rights experienced by non-nationals’ children and other vulnerable groups, such as children belonging to religious minorities. (Paragraph 27)

The Committee encourages the State party to further strengthen its proactive and comprehensive efforts to eliminate de facto discrimination on any grounds and against all vulnerable groups of children, including through public education campaigns to prevent discrimination and combat negative attitudes in society. The State party should pursue such efforts in close cooperation with community and religious leaders with a view to promoting change in persisting patriarchal sociocultural traditions and attitudes, especially towards girls in particular. (Paragraph 28)

The Committee takes note of the State party’s efforts to eradicate illiteracy but it also notes with concern that the female adult illiterate population has slightly increased while the general illiteracy rate has declined. (Paragraph 62)

In the light of articles 28 and 29 of the Convention, the Committee recommends that the State party continue to allocate adequate financial, human and technical resources in order to:

(a) Ensure that all children have an equal access to quality education at all levels of the educational system; and

(d) Take effective targeted measures to eradicate illiteracy, e.g. through literacy programmes and non-formal education, and pay particular attention to women and girls in this respect;

As regards the principles, goals and objectives of education in Saudi Arabia, the Committee regrets the distinction between male and female roles in the curricula resulting in discrimination against girls. (Paragraph 65)

The Committee recommends that the State party, taking into account the Committee’s general comment No. 1 on the aims of education (CRC/GC/2001/1), expedite the inclusion of human rights education in the curriculum of all schools, including religious and foreign schools, and ensure that children’s rights, particularly with respect to tolerance and equality of religious minorities, are a core element. As regards the situation of girls in education, it recommends that the State party take measures to break down stereotypical attitudes about the roles and responsibilities of women and men and to critically review its school curricula with a view to abolishing all discriminatory practices in education, including girls’ limited access to vocational education and training. (Paragraphs 65 and 66)

UN Committee on the Elimination of Discrimination against Women
Last reported: 17 January 2008
Concluding Observations issued: 8 April 2008

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)

UN Special Rapporteur on violence against women
Country visit: 4 to 13 February 2008
Report published: 14 April 2009
Yakin Ertűrk

The most noteworthy progress has been in the field of education. Since the opening of schools for girls in 1956,9 women's literacy rates increased dramatically, although a gender gap remains. By 2006, 78.4 per cent of Saudi women aged 15 and above were literate, compared to 88.6 per cent of men, while the literacy rate of youth (15 to 24) is estimated at 95.5 and 97.7 per cent, respectively. (Paragraph 20)

Today, women enjoy free and nearly complete access to primary and secondary education. In 2004, a royal decree made primary education compulsory for all children between the ages of 6 and 15. In remote areas, parents are provided with financial incentives to send their daughters to school and teachers with an additional allowance. There are now more schools for girls than for boys in the Kingdom.11 From kindergarten to twelfth grade, 51.4 per cent of students are girls and 48.6 per cent are boys. In tertiary education, female graduates constitute 56.5 per cent of all students, and male graduates 43.5 per cent. This increase in girls' years of education has had a positive impact on marriage patterns, as shown for instance by an increase in the age of first marriage and a decrease in polygamous practices. (Paragraph 21)

However, concerns have been raised that the overall aim of girls' education which was to prepare them for their "natural roles" as mothers and wives has not changed over the past
 40 years. Although stereotypes that were perpetuated in some textbooks have recently been removed, at secondary and tertiary levels of education, girls specialise in humanities and arts rather than science and engineering courses. They also remain excluded from some fields of study - depending on the particular university - such as engineering, astrology, geology and, until recently, law. From 2000 to 2007, 12 universities opened in the Kingdom. This, coupled with a recent decision by the Higher Education Council to increase studies in physical sciences, may create additional opportunities for girls. (Paragraph 22)

Sex-segregated education adversely impacts on the quality of education as the allocation of resources and access are said to be unequally distributed. Female faculty members have complained that women's branches of universities are less equipped than those for boys and that the highest decision-making positions are occupied by men. (Paragraph 23)

Nonetheless, the achievements in girls' education have been commendable. This however, has not been accompanied by a comparable increase in women's participation in the labour force. (Paragraph 24)

I would like to address the following recommendations in several areas to the Government of Saudi Arabia:

(a) Women's empowerment and public sphere participation:

Expedite the implementation of the Eighth Development Plan objectives regarding women's employment and education, including developing training services and increasing the enrolment of women and girls in the sciences, and in applied and vocational specialisations in secondary and higher education. (Paragraph 95)

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Early and forced marriage

UN Committee on the Rights of the Child (Concluding Observations, March 2006)

he Committee recommends that the State party take the necessary legislative and other measures to unequivocally set the age of majority at 18 with no exception for specific cases, including within the juvenile justice system. The Committee further recommends that the State party clearly set by law the minimum age for marriage at the same internationally acceptable level for boys and girls. (Paragraph 26)

UN Committee on the Elimination of Discrimination against Women

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)

UN Special Rapporteur on violence against women
Country visit: 4 to 13 February 2008
Report published 14 April 2009
Yakin Ertűrk

I would like to address the following recommendations in several areas to the Government of Saudi Arabia:

(b) Elimination of violence against women and girls:

Adopt guidelines for government agencies and religious leaders aimed at preventing and ending child and forced marriage (Paragraph 95)

Although the average age of first marriage has increased,37 and while there is no precise data on the extent of child marriage, there is growing concern about this practice, which varies according to the socio-economic level of the family and local circumstances. Girls may be forced by their guardian to marry older men or men with mental disabilities for monetary or family considerations. Recently, the marriage of an 8-year-old girl to a 58-year-old man by her father, who needed the advance dowry to solve his financial problems, provoked strong reactions among activists and in the national and international media. Her mother's plea for a divorce was rejected by a court in Unayzah on the grounds that the case should wait until the girl reaches puberty. Recent government correspondence indicates that the court has now cancelled the marriage contract. (Paragraph 50)

Forced marriages often place girls at risk of abuse and violence. A woman with whom I met was physically abused as a child by her brother, who forced her to marry a man when she was 14 years old, who also abused her physically. Thanks to the help of a social protection committee, she obtained a divorce after struggling for 10 years. Her four children were granted to her ex-husband. (Paragraph 51)

No law determines the age of marriage and child marriage is not prohibited. The practice is based on sharia precepts, whereby maturity is associated with puberty, which could start as early as 9 for girls. The Grand Mufti Sheikh Abd al-Aziz Al-Sheikh, the head of the Council of Senior Religious Scholars, has recently been quoted in the media as saying that a 10 or 12-year-old girl is marriageable. Although the mufti's pronouncements are respected, they are not binding on the Government. Following the debates around the ruling by the Unayzah court, the Human Rights Commission condemned the marriage of minor girls as an "inhumane violation" and called on all government agencies to adopt a clear position on child and forced marriages in order to end the practice, as it has "severe health consequences on the girl child" and her personal development.39 In November 2008, the Shura approved a law officially defining the age of adulthood as 18, although whether this will also apply to the legal age for marriage is unknown. (Paragraph 52)

Fatima and Mansour, who have two children, had been married for several years, with the approval of Fatima's father. In 2005, after the father's death, a court divorced the couple on grounds of "tribal incompatibility" upon the demand of Fatima's half-brothers, who had become her guardians. The couple were arrested in 2006 for living together as an unmarried couple. Fatima was imprisoned for nine months, before being given shelter with her 2-year-old son in a government institution, where I visited her. Fatima refuses to leave the shelter until her family is reunited. Mansour lost his job and lives with the couple's 5-year-old daughter with the help of concerned people. During my visit, I could witness first-hand the desperation of Fatima and Mansour. Although, I was assured by the Human Rights Commission that the couple would be reunited and the case had been submitted to the competent authorities, at the time of submitting the present report the case was still pending. (Paragraph 54)

Standardise the age of majority in the Kingdom at 18 in accordance with the Convention on the Rights of the Child, and ensure its application to the legal age of marriage. (Paragraph 95)

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Corporal punishment

UN Committee on the Rights of the Child (Concluding Observations, March 2006)

While noting articles 2 and 13 of the Code of Criminal Procedure promulgated in Royal Decree No. M/39 of 15 October 2001 which prohibit torture or degrading treatment and the State party’s reassurance that corporal punishment is not imposed upon minors, the Committee is concerned about reports of extrajudicial and summary floggings of teenagers suspected of behaviour deemed immoral and acts of police brutality.

The Committee urges the State party to take all necessary steps for the immediate abolition of extrajudicial and summary floggings of teenagers as well as other forms of cruel, inhuman or degrading punishments imposed on persons having committed a crime when under the age of 18 years, including acts of police brutality. (Paragraphs 42 and 43)

While noting with appreciation the regular circulars issued by the Ministry of Education, which prohibit the beating or ill-treatment of children during all stages of general education and prescribe penalties designed to deter teachers from committing such acts, the Committee notes with concern that corporal punishment is lawful and widely used in the home and that it is a lawful penal sanction.

The Committee recommends that the State party take legislative measures to prohibit all forms of corporal punishment in all settings, including the family. It further recommends that the State party carry out public education campaigns about the negative consequences of corporal punishment on children and promote positive, non-violent forms of discipline as an alternative to corporal punishment. (Paragraphs 44 and 45)

As noted in paragraph 32, the Committee is deeply concerned about reports that persons are sentenced to death for crimes committed while under the age of 18, and at the fact that capital and corporal punishment can be imposed on persons having committed a crime when under 18 years of age at the discretion of the judge. (Paragraph 73)

The Committee refers to its recommendations made in paragraphs 33 on right to life and capital punishment and on 43 on protection from torture, inhuman or degrading treatment or punishment and it urges the State party to:

(c) Amend the Detention and Imprisonment Regulations (1977) and the Juvenile Justice and Social Surveillance Centre Regulations to prohibit flogging or any other form of corporal punishment for persons under 18 deprived of their liberty; (Paragraph 75)

UN Committee against Torture
Concluding Observations issued: 12 June 2002

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)

UN Special Rapporteur on the independence of judges and lawyers
Country visit: 20 to 27 October 2002
Report published: 14 Janaury 2003
Dato' Param Cumaraswarmy

The Special Rapporteur was informed that the punishment that can be imposed on juveniles was within the discretion of the judge concerned. They are usually sentenced to periods of several months' imprisonment, but could be given a sentence of flogging of around 20 to 40 lashes, administered in a manner not to harm, or potentially to kill, but the Special Rapporteur was informed that usually the age of the offender was taken into consideration in these situations. (Paragraph 71)

Article 37 of the Convention on the Rights of the Child prohibits the imposition of capital punishment upon a person under the age of 18 years and in this respect the Special Rapporteur is concerned about a judge's discretionary power to impose capital or corporal punishment on such persons. The Special Rapporteur refers to paragraph 33 of the concluding observations of the Committee on the Rights of the Child on this matter (CRC/C/15/Add.148). (Paragraph 104)

Punishments imposed on individuals under the age of 18 years should not involve capital or corporal punishment. (Paragraph 111 I)

Universal Periodic Review (2009)

23. Amend the Code of Criminal Practice to stipulate that only individuals aged over 18 will be tried as adults. As a result, the executions of any individuals who were less than 18 years old when they committed the crime should be commuted to a custodial sentence. (United Kingdom); Review its practice of imposing capital and corporal punishment and prohibit any form of corporal punishment (Germany, Austria); consider to end the use of corporal punishment for person under 18 and to establish a moratorium on executions of persons having committed crimes before the age of 18 (Austria); (accepted)

27(c) (Israel): “To abolish corporal punishment, and cruel, inhuman, and degrading treatment in general, and public floggings, eye-gouging, flogging of school children, and amputation of limbs in particular” (rejected)

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Death penalty for crimes committed by children

UN Committee on the Rights of the Child (Concluding Observations, March 2006)

The Committee takes note of the information that no child is sentenced to death and that capital punishment is not passed to persons who commit a crime before they reach the age of majority (in general 18 years). Nevertheless, it is deeply concerned that judges have the discretionary power which is often when presiding over criminal cases involving children, to decide that a child has reached the age of majority at an earlier age, and that as a consequence capital punishment is imposed for offences committed by persons before they have reached the age of 18. The Committee is deeply alarmed that this is a serious violation of the fundamental rights under article 37 of the Convention.

The Committee urges the State party to take the necessary steps to immediately uspend the execution of all death penalties imposed on persons for having committed a crime before the age of 18, to take the appropriate legal measures to convert them into penalties in conformity with the provisions of the Convention and to abolish as a matter of the highest priority the death penalty as a sentence imposed on persons for having committed crimes before the age of 18, as required by article 37 of the Convention. (Paragraphs 32 and 33)

As noted in paragraph 32, the Committee is deeply concerned about reports that persons are sentenced to death for crimes committed while under the age of 18, and at the fact that capital and corporal punishment can be imposed on persons having committed a crime when under 18 years of age at the discretion of the judge. (Paragraph 73)

The Committee refers to its recommendations made in paragraphs 33 on right to life and capital punishment and on 43 on protection from torture, inhuman or degrading treatment or punishment and it urges the State party to:

(a) Critically review its legislation with a view to abolishing the imposition of capital and corporal punishment on persons having committed crimes when under 18 years of age at the sole discretion of the judge; (Paragraph 75)

UN Special Rapporteur on the independence of judges and lawyers
Country visit: 20 to 27 October 2002
Report published: 14 January 2003
Dato' Param Cumaraswarmy

Article 37 of the Convention on the Rights of the Child prohibits the imposition of capital punishment upon a person under the age of 18 years and in this respect the Special Rapporteur is concerned about a judge's discretionary power to impose capital or corporal punishment on such persons. The Special Rapporteur refers to paragraph 33 of the concluding observations of the Committee on the Rights of the Child on this matter (CRC/C/15/Add.148). (Paragraph 104)

Punishments imposed on individuals under the age of 18 years should not involve capital or corporal punishment. (Paragraph 111 i)

Universal Periodic Review (2009)

23. Amend the Code of Criminal Practice to stipulate that only individuals aged over 18 will be tried as adults. As a result, the executions of any individuals who were less than 18 years old when they committed the crime should be commuted to a custodial sentence. (United Kingdom); Review its practice of imposing capital and corporal punishment and prohibit any form of corporal punishment (Germany, Austria); consider to end the use of corporal punishment for person under 18 and to establish a moratorium on executions of persons having committed crimes before the age of 18 (Austria); (accepted)

27(c) (Israel): “To abolish corporal punishment, and cruel, inhuman, and degrading treatment in general, and public floggings, eye-gouging, flogging of school children, and amputation of limbs in particular” (rejected)

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Sexual violence against, and abuse of, women and girls

UN Committee on the Rights of the Child (Concluding Observations, March 2006)

The Committee urges the State party to:

(b) Take legislative measures to prohibit all forms of physical and mental violence against children, including sexual abuse in the family; (Paragraph 51)

UN Special Rapporteur on violence against women
Country visit: 4 to 13 February 2008
Report published: 14 April 2009

In addition, the Human Rights Commission and the NSHR have received complaints relating to abuse of power by husbands or other family members, such as: the denial of education, health or inheritance to wives and children; denying a wife the possibility to see her children; confiscating official documents such as identity cards in order to prevent women from travelling or accessing services; and the abandonment of wives and their children. (Paragraph 43)

There is also anecdotal evidence of neglect, abuse and violence against girls by family members. In 2006, there were around 1,300 girls in institutions for juveniles, many of whom are said to be there because they ran away from domestic abuse. Although the extent of such abuse cannot be determined due to the lack of data, Ayda's story is illustrative:

My father is a retired military man and an alcoholic. He abused me since I was little. My mother died at the hospital because of beatings and burns. When my siblings and I accused our father of her death, he forced us to change our testimony. He hit me with chains and swords and raped me. I ran away from the house and lived on the street, where the hay'at found me and brought me to a shelter. But my father complained to the police I had run away and I spent one week in prison. My complaint about rape was rejected as the case focused on my running away. My father ultimately rejected me, so I could stay in the shelter with two of my sisters. I fear for my younger sister, who remains with our father. (Paragraph 44)

Cases of rapes are not discussed openly and women and girls fear they will be judged by society should they report rape. Only rarely are rape cases brought to public and Government attention. While comprehensive data on rape cases is lacking, health professionals I talked
to - often the first to be in contact with victims of rape - acknowledged that it is an emerging issue that would warrant more attention. (Paragraph 45)

The famous case of "the Qatif girl" highlights some of the difficulties in ensuring that victims of sexual violence receive adequate consideration and protection. In 2006, the 19-year-old girl and her male companion were abducted and she was raped by seven Saudi men. Four of the men were sentenced to one to five-year prison terms and to flogging, ranging from 80 to 1,000 lashes. The rape victim and her companion were sentenced to 90 lashes for the crime of khelwa, an offence under sharia law of being alone in private with an unrelated member of the opposite sex or "illegal mingling". The sentence against the girl was later increased to 200 lashes and a six-month prison term. She was ultimately pardoned by the King, although he did not imply there had been any judicial misconduct. (Paragraph 46)

(b) Elimination of violence against women and girls:

Adopt a Penal Code clearly defining criminal offences - including rape and the use of torture and cruel, inhuman and degrading treatment or punishment - and specifying penalties for perpetrators

Adopt guidelines for the police and the judiciary on how to investigate, prosecute and rule on cases of rape and sexual violence

Establish women's units within the police and the General Prosecutor's office

Systematise the gathering of data and statistics on violence against women, 
disaggregated by type of violence and relationship with the aggressor

Enhance the protection and services offered to victims of abuse by social protection committees, including through legal aid and empowerment programmes

Conduct awareness-raising campaigns and training for law enforcement officials, the judiciary, health-care providers, social workers, community leaders and the general public, to increase understanding that all forms of violence against women are grave violations of fundamental rights and incompatible with Islamic values (Paragraph 95)

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Trafficking of children, particularly for forced labour and sexual exploitation

UN Committee on the Rights of the Child (Concluding Observations, March 2006)

While noting that the domestic legislation prohibits the sale and trafficking of children and includes measures to protect children from all other forms of exploitation, abduction and abuse, the Committee is concerned about the growing phenomenon of trafficking in children in the region, including reports of child trafficking during pilgrimages, and children crossing the border from Yemen.

In order to prevent and combat trafficking in children for sexual and other exploitative purposes, such as forced begging, the Committee recommends that the State party:

(a) Review its domestic legislation in order to enact a comprehensive anti-trafficking law and strengthen its efforts to investigate sexual exploitation and trafficking cases and ensure that perpetrators are prosecuted and child victims of sexual abuse and trafficking are granted the legal status of victims;

(b) Conduct research and provide comprehensive statistical data on the extent, nature and changing patterns of sexual exploitation and trafficking in children in Saudi Arabia;

(c) Develop and adopt a comprehensive multidisciplinary national plan of action to prevent and combat sexual exploitation of and trafficking in children;

(d) Strengthen its bilateral and multilateral cooperation with countries of origin and transit in order to take more efficient measures against trafficking in children;

(e) Raise public awareness about the risks of child trafficking and train professionals working with and for children, as well as the general public, to counter trafficking in children;

(f) Strengthen its efforts to provide adequate assistance and social reintegration services for sexually exploited and/or trafficked children in accordance with the Declaration and Agenda for Action and the Global Commitment adopted at the 1996 and 2001 World Congresses against Commercial Sexual Exploitation of Children. (Concluding Observations 71 and 72)

UN Committee on the Elimination of Discrimination against Women
Last reported: 17 January 2008
Concluding Observations issued: 8 April 2008

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 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)

UN Special Rapporteur on violence against women
Country visit: 4 to 13 February 2008
Report published: 14 April 2009
Yakin Ertűrk

While most migrant workers come voluntarily to Saudi Arabia, some are allegedly trafficked for the purpose of forced labour or sexual exploitation.41 Upon arrival, all
migrants - contrary to the Council of Ministers' Decision 166 (2000) - have their passport and residency permit taken away from them, and some find themselves in slave-like conditions. Trafficking of children from countries such as Somalia or Chad for the purpose of sexual exploitation or forced labour and begging have also been reported. Government officials report however, that there are initiatives under way to prevent such crimes, and that a law on trafficking had been finalised and was being presented to the Shura Council. (Paragraph 57)

Universal Periodic Review (2009)

16. Take all appropriate measures to develop a framework of law prohibiting trafficking and other forms of exploitations, and incorporate into such legislation the comprehensive protection of children as well as the development and implementation of a reintegration assistance programme for victimised persons. (Israel) (accepted)

International Labour Organisation
Individual Observation concerning the Worst Forms of Child Labour Convention, 1999 (No. 182)
Published: 2011

Articles 5 and 7(1). Monitoring mechanisms and penalties. Trafficking.

According to the Committee Sections 3 and 4 of Order No. 244 provide sufficiently dissuasive penalties for the offence of trafficking a person under 18. Yet, as UNICEF makes clear in its report, “Preventing child trafficking in the Gulf countries, Yemen and Afghanistan” (2007), it is estimated that tens of thousands of children, particularly boys from Afghanistan, Chad, Nigeria, Pakistan Sudan and Yemen, are trafficked to Saudi Arabia for the purpose of labour exploitation each year.

1. Trafficking of children for labour or sexual exploitation

The Committee mentions in its report that there is credible information suggesting that children are being trafficked from Bangladesh to the Middle East to work as camel jockeys. Also, women under the age of 18 are being trafficked from Indonesia to Saudi Arabia for the purpose of commercial sexual exploitation. The Committee notes the Government’s information that numerous efforts are being deployed by the Government to eliminate the trafficking of children, including the adoption of new legislation on trafficking in persons.

As the Government has made clear Section 15 of Order No. 244 states that measures shall be adopted for victims of trafficking during investigations and prosecutions. These measures include informing the victim of his/her legal rights, referring the victim to a physician if he/she appears to be in need of medical or psychological care, admitting the victim to a medical, psychological and social rehabilitation centre if necessitated by his/her condition or age, admitting the victim to a specialised centre if he/she needs shelter, and providing police protection if necessary. Furthermore, pursuant to Order No. 244, a committee to combat human trafficking crimes was established. The mandate of the committee to combat human trafficking crimes includes undertaking research, collecting information and undertaking informational campaigns as well as social and economic initiatives to prohibit and combat human trafficking. Finally, as the Government states the committee to combat human trafficking crimes shall develop a policy which encourages the active search for victims, and the provision of training related to the identification of victims.

2. Street children and children engaged in begging.

According to the information in a UNICEF trafficking report it is officially estimated that there are over 83,000 children selling small goods and begging on the streets of major cities in Saudi Arabia. Furthermore, according to a UNICEF report, “Trafficking in children and child involvement in beggary in Saudi Arabia”, the Ministry of Social Affairs established the Office for Combating Beggary. These offices employ social workers and inspectors, who cooperate with law enforcement agencies to undertake daily raids in areas where beggars are found, and arrest them. Once arrested, children under 15 are sent to the Shelter Centre in Jeddah. However, as the UNICEF report indicates the majority of persons involved in begging are foreign nationals, and if found to be undocumented, or illegal residents, these children are deported within a period of two weeks from their arrest. The report also notes that there is no effort made to distinguish between trafficked and non-trafficked children. This UNICEF report further indicates that these children are often not provided with psychological or legal assistance, and that there are few services for the rehabilitation and social integration of these children.

In its defense, the Government has made clear to the Committee some of the steps it has taken to effectively deal with street children engaged in begging. The Ministry of Social Affairs has set up the Centre for Foreign Child Beggars in Mecca. The Government indicates that this Centre will welcome children who have been arrested by the competent bodies and provide them with social, health and psychological services until their parents can be identified by the competent authorities. Moreover, according to the Government work is underway to rent buildings for the establishment of similar centres in the governorates of Jeddah and Medina. The Committee also notes in its report the Government’s indication that several civil society institutions are represented in the Centre for Foreign Child Beggars, under the authority of the Charity Association, and that the Charity Association provides children with the necessary services until they have been reunited with their families or repatriated. The Committee further notes the Government’s statement that it endeavours to distinguish between children who are trafficked and those that are not in its handling of children engaged in begging. With regard to foreign children, the Government indicates that the police appoint investigators to carry out searches for their families. After their parents have been identified, coordination is ensured with the repatriation units at the Passport Department to complete the procedures for their travel. The Government indicates that those children that cannot be identified are released and provided with guidance.

Parts IV and V of the report form. Labour inspectorate and the application of the Convention in practice.

The Committee is concerned at the lack of data available on the trafficking of children, and as a result urges the Government to take the necessary measures to ensure that sufficient data on the worst forms of child labour, including child trafficking, the exploitation of children in commercial sexual exploitation and begging, is made available. To the extent possible, all data provided should be disaggregated by sex and by age.

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Discrimination in relation to decision the custody of children and failure to consider the best interests of the child

UN Committee on the Rights of the Child (Concluding Observations, March 2006)

The Committee is concerned that the general principle of the best interests of the child contained in article 3 of the Convention is not systematically included in laws, regulations and practices concerning children, for example regarding the status of the child, the custody decisions and in the area of alternative care.

The Committee recommends that the State party fully incorporate article 3 of the Convention into all legislation and practice concerning children. (Paragraphs 30 and 31)

UN Committee on the Elimination of Discrimination against Women
Last reported: 17 January 2008
Concluding Observations issued: 8 April 2008

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)

UN Special Rapporteur on violence against women
Country visit: 4 to 13 February 2008
Report published: 14 April 2009
Yakin Ertűrk

Divorce on grounds of domestic violence is also difficult to obtain as judges are said to demand levels of evidence which are difficult, if not impossible, for women to provide. In case of divorce, a Saudi woman may keep her children until they reach the age of 7 for girls and 9 for boys. Custody of children over these ages is generally awarded to the father or, if he is deceased, to his family. In rare cases where women may be granted physical custody, fathers retain legal custody. This means, for instance, that all transactions on behalf of the children require the father's consent. Foreign women married to Saudi nationals also encounter significant discrimination in custody and divorce matters. (Paragraph 81)

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Lack of human rights education

UN Committee on the Rights of the Child (Concluding Observations, March 2006)

The Committee recommends that the State party, taking into account the Committee’s general comment No. 1 on the aims of education (CRC/GC/2001/1), expedite the inclusion of human rights education in the curriculum of all schools, including religious and foreign schools, and ensure that children’s rights, particularly with respect to tolerance and equality of religious minorities, are a core element. (Paragraph 66)

UN Committee on the Elimination of Racial Discrimination
Concluding Observations; 21 March 2003

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)

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Children living and working on the streets

UN Committee on the Rights of the Child (Concluding Observations, March 2006)

The Committee recommends that the State party review relevant domestic laws and administrative regulations in order to ensure full respect for the equality between girls and boys in the enjoyment of all rights in the Convention, and in order to ensure that children born out of wedlock, children of non-Saudi nationals (migrants) and children begging on the streets are not discriminated against. (Paragraph 28)

International Labour Organisation
Individual Observation concerning the Worst Forms of Child Labour Convention, 1999 (No. 182)
Published 2011

2. Street children and children engaged in begging.

According to the information in a UNICEF trafficking report it is officially estimated that there are over 83,000 children selling small goods and begging on the streets of major cities in Saudi Arabia. Furthermore, according to a UNICEF report, “Trafficking in children and child involvement in beggary in Saudi Arabia”, the Ministry of Social Affairs established the Office for Combating Beggary. These offices employ social workers and inspectors, who cooperate with law enforcement agencies to undertake daily raids in areas where beggars are found, and arrest them. Once arrested, children under 15 are sent to the Shelter Centre in Jeddah. However, as the UNICEF report indicates the majority of persons involved in begging are foreign nationals, and if found to be undocumented, or illegal residents, these children are deported within a period of two weeks from their arrest. The report also notes that there is no effort made to distinguish between trafficked and non-trafficked children. This UNICEF report further indicates that these children are often not provided with psychological or legal assistance, and that there are few services for the rehabilitation and social integration of these children.

In its defence, the Government has made clear to the Committee some of the steps it has taken to effectively deal with street children engaged in begging. The Ministry of Social Affairs has set up the Centre for Foreign Child Beggars in Mecca. The Government indicates that this Centre will welcome children who have been arrested by the competent bodies and provide them with social, health and psychological services until their parents can be identified by the competent authorities. Moreover, according to the Government work is underway to rent buildings for the establishment of similar centres in the governorates of Jeddah and Medina. The Committee also notes in its report the Government’s indication that several civil society institutions are represented in the Centre for Foreign Child Beggars, under the authority of the Charity Association, and that the Charity Association provides children with the necessary services until they have been reunited with their families or repatriated. The Committee further notes the Government’s statement that it endeavours to distinguish between children who are trafficked and those that are not in its handling of children engaged in begging. With regard to foreign children, the Government indicates that the police appoint investigators to carry out searches for their families. After their parents have been identified, coordination is ensured with the repatriation units at the Passport Department to complete the procedures for their travel. The Government indicates that those children that cannot be identified are released and provided with guidance.

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Countries

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