16 أكتوبر، 2024
The European Saudi Organization for Human Rights, in collaboration with the World Coalition Against the Death Penalty and the Human Rights Advocates Organization, delivered an oral statement before the Committee on the Elimination of Discrimination against Women (CEDAW) regarding Saudi Arabia's adherence to the Convention on the Elimination of All Forms of Discrimination against Women.
The statement, delivered in October 2024, highlighted that despite Saudi Arabia enacting new laws such as the Protection from Abuse Law and the Anti-Harassment Law, it continues to violate its obligations under the Convention. The intervention emphasized that discrimination against women remains entrenched in the Saudi legal system, particularly through the Personal Status Law, which upholds male guardianship over women and restricts their independence in matters such as marriage, child custody, and freedom of movement.
The statement also addressed the challenges faced by women subjected to gender-based violence, where many face social and legal barriers that prevent them from accessing justice, alongside the ineffective implementation of laws meant to protect them. Additionally, it was noted that female migrant domestic workers suffer from alarming forms of violence and discrimination, with reports confirming ongoing violations against them, including being denied basic rights such as rest days and fair working hours, as well as exposure to violence. This group remains excluded from labor law reforms in Saudi Arabia and is bound by the Kafala (sponsorship) system, which denies them access to justice or the ability to change employers without consent
The statement further shed light on gender-based discrimination faced by women in the Saudi criminal justice system, particularly in relation to the death penalty. Between January 2020 and July 2024, 11 women were executed, many of whom were migrant workers. The intervention pointed out that some of these women were victims of human trafficking, a factor that was not taken into account during their trials.
The organizations expressed concern over unfair trials faced by women in Saudi Arabia, where confessions extracted under torture are relied upon, and they are denied legal representation. The case of Shia activist Israa Al-Ghamam, who was sentenced to death for her peaceful activism, was highlighted as an example of the increasing risks faced by women who challenge the authorities, especially those from marginalized communities.
The organizations concluded their statement by calling on the committee to urge the Saudi government to take the following actions:
- 1. Abolish all provisions in the Personal Status Law that grant men guardianship over women, and empower women to make personal, financial, and social decisions without the need for a guardian's approval.
- 2. Reform labor laws to provide full legal protection for migrant domestic workers, abolish the Kafala system, and establish multilingual complaint and support mechanisms.
- 3. Impose a moratorium on the death penalty, particularly in cases involving women, until fair trials and legal protections that consider gender differences are ensured.
- 4. Ensure that accused women receive adequate legal representation that takes into account their specific circumstances, such as exposure to violence and exploitation.
- 5. Increase transparency in the judicial system by providing clear and detailed information about women sentenced to death and regularly informing their families of this information.