Reply to paragraph 19 of the list of issues and questions

104.As part of its approach to disseminating a culture of human rights, the Human Rights Commission conducts awareness-raising activities. It has held numerous conferences, seminars and training sessions to raise awareness of human rights. That includes women’s rights. In March 2023, the Human Rights Commission and the Ministry of Education signed a memorandum of understanding on cooperation and coordination in human rights-related awareness-raising and education. The memorandum covers inclusion of human rights values and concepts in school curricula at all levels, educational activities, visual and print materials including human rights guides, participation in research, and capacity-building in the human rights field.

105.A series of legislative amendments in July 2019 were aimed at enhancing gender equality. One of those amendments affected the Travel Documents Act and its implementing regulations under which women now have the same rights as men to obtain a passport and travel abroad. The Civil Status Code was also amended and now envisages full gender equality in obtaining civil status documentation and in reporting civil status events, thereby strengthening women’s autonomy, as noted above.

106.Under the 2022 Personal Status Law, a mother has the capacity to participate fully in decisions concerning her child. The fact that guardianship belongs to the father or the fact that he has the right to appoint a guardian for his children does not limit at all her ability to care for her children and take part in decisions that concern them. The child’s best interest is paramount over any other consideration. Article 138, paragraph 1, of the Personal Status Code provides that there is no interference between the powers of the guardian and those of the custodial parent. A custodial mother has full powers in the management of her children’s affairs. That article speaks of “guardianship over the person”, by which is meant general supervision of the person of the minor in a manner that does not conflict with the authority of the custodial parent to manage the affairs of the child in their custody. There is a distinction between “general supervision of the child” and “management of their affairs”.

107.With regard to a female custodial parent traveling with a child, the Act takes into account what is most appropriate and in the best interest of the child. A child needs both parents in his upbringing and should grow up close to both. It takes into account established customs. That does not mean that the father has absolute authority in connection with this right. If it appears that he is abusing this right, his opposition is not accepted. The Personal Status Code, article 129, provides that a custodial parent may not travel with the child outside the Kingdom for a period of more than 90 days per year without the consent of the other parent, or of the guardian in the event of the death of that parent. This is an explicit provision that applies to both father and mother.

108.With regard to the registration of non-Saudi Arabian births, the Ministry’s General Directorate of Passports adds non-Saudi newborns to their parents’ residence permits when they are registered with duly issued birth certificates in accordance with regulations. Article 3 of the Child Protection Act provides that it shall be considered abuse or negligence for a child to left with no family or for a child’s identity documents to be unobtained, withheld, or unrecorded.

Reply to paragraph 20 of the list of issues and questions

109.The Personal Status Code is based on provisions that promote complementary equality between the sexes or equality in outcomes, which takes into account the roles of each partner within the family to ultimately realize justice. The Code does not contain any discriminatory provisions that might weaken or dilute recognition of women’s rights and freedoms. Its goal is to realize justice and family cohesion. Here are some examples of the Code’s fairness:

•The Code gives a man the right to separate from his wife. It gives the same right to women. However, the manner and mode of this separation differs, although it gives them an equal right. This is set forth in the Code.

•It provides that all personal status particulars and dates must be documented. That includes divorce and return. A husband is required to pay his wife fair compensation in the event that these procedures are not documented.

•With regard to inheritance, the claim that the Code makes the inheritance share of women less than that of men is absolutely incorrect. In fact, we find that the Code’s articles provide for over 30 cases where women get the same or more than men, or where they inherit and their male counterparts get nothing.

110.Article 46 of the Code contains provisions governing separation between spouses. That includes divorce, khul‘, annulment of the marriage contract and other procedures. Looking at it as a whole, we find that both spouses are able to terminate the marital relationship. While the husband has the right to terminate the marital relationship through divorce, the wife also has the right to terminate this relationship in other ways. These are covered in articles 95 and 96, which deal with the khul‘ procedure. It is defined as separation between the spouses at the wife’s request and the husband’s consent in exchange for compensation made by the wife. Khul‘ is validated by mutual consent of the spouses with full capacity to terminate the marriage contract, without need for a court ruling.

111.Article 104 provides that either of the spouses may request dissolution of the marriage contract on grounds of harm to one of them or a defect that prevents marital cohabitation, whether such defect existed prior to or arose after the marriage contract, unless the person requesting dissolution was aware of such defect at the time the contract was concluded or found out about it after the contract was concluded but gave some indication in word or deed that they were accepting of it (Personal Status Code).

112.The Code steers clear of specifying the types of harm because it because it does not wish to limit them and because harm is relative from one case to another. The same approach has been adopted by other comparable laws, whether relating to personal status or otherwise. This is an approach conducive to justice. If the Code were to specify the types of harm, then a court hearing a case might find that harm has in fact occurred, but that it cannot treat it as such because it is not included among the types of harm specified under the Code. Even so, articles 108 and 109 of the Personal Status Code set forth a general criterion for damage in marriage-related cases, which is “inability to cohabit amicably”. This is interpreted as the inability to continue the marital relationship in a way that guarantees each party’s rights. It should be noted that all forms of abuse are considered to be harm that requires dissolution of marriage at the request of the wife, under article 108 of the Personal Status Code.

113.Women enjoy complete independence in the management of their affairs. They do not have guardians appointed, contrary to allegations made on the basis of incorrect interpretations. In Saudi Arabian law, guardianship applies only to a minor who lacks legal capacity, or has lost it completely or partially. That applies to anyone else in that condition in accordance with the relevant provisions. It includes any person who is unable to grasp the reality of things due to young age or a health condition making them unable to conduct their affairs properly.

114.On the other hand, other legislation, such as the Civil Transactions Code, is thoroughly rooted in the principles of gender equality in civil rights at all levels. That covers ownership, contracts, sale, purchase, mortgage, gifts, power of attorney, leases, apportionment, endowment, wills, transfer, and so forth. Women have the same legal personality as men when it comes to disposing of their affairs as they wish, both before marriage and afterwards. Married women have full civil capacity and their own personal assets separate from their husband’s legal personality and assets.

Conclusion

115.The Kingdom of Saudi Arabia hopes that it has provided answers that will pave the way for a constructive interactive dialogue with the esteemed Committee on the Elimination of All Forms of Discrimination against Women. The Kingdom stresses that it has made progress towards high levels of human rights protection and advancement through legislative and other measures intended to realize that objective. It has benefitted from the recommendations and observations issued by the various treaty bodies, including the Committee on the Elimination of All Forms of Discrimination against Women.