I.

Introduction
Saudi Arabia has received harsh criticism of their treatment of women not complying
with International Human Rights Laws. Human Rights Watch reports that women and minority
face systematic discrimination and restrictions that have resulted in widespread abuse.1 Much of
the concerns are raised about the Islamic laws that are implemented that contribute to gender
inequalities. The issue that this paper addresses is how Sharia (Islamic law) application affects
womens rights in Saudi Arabia.
II.

Brief Overview of Violations of Gender Equality in Saudi Arabia

Saudi Arabia is a country that is deeply influenced by the Islamic religion. Saudi Arabia
applies Sharia (Islamic law) as the Basic Law of Governance in their constitution2; it plays a
central role in the countrys governance, and a broad influence on everyday life. The Saudi
Arabian government has established the Permanent Council for Scientific Research and Legal
Opinions (CRLO) that issues Fatawa (Islamic legal opinions), and has consistently promoted
opinions that restrict womens rights3. For instance, CLRO issued the following Fatwa (Fatawa
singular): God Almighty commended women to remain in their homes. Their presence in the
public is the main contributing factor to the spread of strife.4
Conservative religious scholars, and the Saudi royal family, who are the absolute rulers

Human Rights In Saudi Arabia, Human Rights Watch, https://www.hrw.org/middle-eastnafrica/saudi-arabia (last visited May 6, 2015).
2
According to the Basic Law of Governance (1992), Saudi Arabias constitution is the
Almighty Gods Book, The Holy Quran, and the Sunna (Traditions) of the Prophet (PBUH).
See Basic Law of Governance, Umm al-Qura Newspaper (Mekka), issue 3397, March 6, 1992,
Art. 1.
3
Khaled Abou El Fadl, Speaking in Gods Name: Islamic Law, Authority, and Women (Oxford:
One World Publications, 2001), p. 192.
4
Id. at 288
1

of the kingdom, have perpetuated the general consensus of women not having equal rights to
men. Gender inequalities have become so engrained in the countries identity that supporters
believe that changing these social traditions would break away from their religious roots they
create social cohesion.5 As a result, women are subjected to violence and abuse that constitute as
human rights violations under International law.
I.

Gender Inequalities Affecting Womens Rights

The strict enforcement of the Sharia has affected womens ability to dictate their
movement without male guardianship, a separation between men and women in the public sphere
including: employment, education, health and legal double standards. The patriarchal laws have
a detrimental affect on the quality of life women are able to enjoy, because they find themselves
at the mercy of men to make decisions on their behalf.
1. Saudi Arabia has implemented Guardianship laws that restricts the freedom of movement
for women.
Saudi Arabia has implemented a system where women require a male guardian to make
important decisions on her behalf. The male guardian is typically the womans father or husband,
and has to be Muslim male of sound mind and good character. 6 The policy is interpreted from
the Sura 4 verse 34 of the Quran, which ambiguously states, Men are the protectors and
maintainers of women, because God has given them more strength than the other; and because
they support them from their means.7 Every Saudi woman, regardless of her economic or social
status, is affected by these guardianship policies, and the deprivation of rights that their
enforcement entails. Adult women generally must obtain permission from a guardian to work,
5

Human Rights Watch interview with Prince Saud al-Faisal, minister of foreign affairs, Riyadh,
December 2, 2006.
6
Ahmad, Womens Freedom and limitations of Guardians Authority, p.1.
7
A. Yusuf Ali, The Holy Quran: Text, Translation and Commentary (Maryland: Amana Corp.,
1983), p. 190.
2

travel, study, or marry. Saudi women are also denied the right to make even the most trivial
decisions on behalf of their children.8
Islamic law experts state that historically the benefits of these gendered laws favored
women being protected by male from being vulnerable to poverty, harm and exploitation. 9
However, as time has gone on, these laws are preserved to restrict women from exercising their
legal rights as a matter of political will, and not a strict religion based on religious beliefs. 10 The
Saudi government imposes almost complete sex segregation and restricts women from
participating in the public sphere11believing a mixing of sexes will disintegrate society and
destroy its moral values, and all senses of property.12
a. Saudi Arabia is the only country that still enforces a ban on women driving.
The Saudi Arabia ban on women driving became an official policy in November 1990
during the Gulf War after female American soldiers drove through the streets of Riyadh in
protest against the laws. 13 The Grand Mufti, the countrys religious authority issued a Fatwa
against women driving stating, Driving would expose women to temptation and lead to social
chaos.14 Women have attempted to revolt against this ban in recent years, including an online
campaign, Women2Drive, and were harshly punished by floggings.15 The states authorities

Ahmad, Id.
Ingrid Mattson, Law: Family Law, 7thLate 18th Centuries in Suad Joseph, ed., The
Encyclopedia of Women and Islamic Culture (Leiden: Brill Academic Publishers, 2006).
10
Email communication from Prof. Mohammad Fadel, assistant professor of law, University of
Toronto Faculty of Law, to Human Rights Watch, June 18, 2007.
11
Ahmad, Womens Freedom and limitations of Guardians Authority, p.16.
12
Id. at p. 2.
13
Rothna Begum, Give Saudi Women the Right to Drive, October 24, 2013, available at
http://www.hrw.org/news/2013/10/24/give-saudi-women-right-drive.
14
Id.
15
Id.
9

continue to find reasons as to why women should not be able to drive, including the fact that
society is just not ready, and even suggesting driving would affect the womans ovaries.16
The ban on driving is not the most discriminatory law against women, but symbolizes the deep
oppression women are subjected to; and the prohibition on driving and their freedom to move
around affects other dynamics in their life.
2. The current laws make it difficult for women to find employment, because of the
restrictions and accommodations employers must make for them.
According to the Central Department of Statistics and Information, Saudi women occupy
only 13 percent of workforce despite accounting for 51 percent of Saudi graduates.17 The ban on
driving is one of major impediments for women to find employment. The ban creates a
disincentive for employers to hire women, because then they have to pay for special
accommodation for women to have transportation to work. This is in addition to the guardianship
law requires the guardian to approve of the woman working.18 Additionally, the sex segregation
imposed requires employers to establish separate office spaces to restrict women from interacting
with male representativescreating a significant disincentive to hire women.19 Even, if women
are allowed to be hired, they are limited to the occupations they can apply for based on the
educational bans that restrict what fields they can study.20
3. The education system perpetuates and enforces gender roles that negatively impact
women.
Womens access education is limited by guardianship laws that require permission from a

16

Id.
Saudi Gazette, http://english.alarabiya.net/en/News/middle-east/2015/02/10/Womenconstitute-13-of-Saudi-workforce-stats-agency.html (last updated May 6, 2015).
18
Human Rights Watch interview with a Saudi businesswoman, Riyadh, December 2, 2006.
19
Id.
20
Raid Qusti and Ali Al-Zahrani, Obstacles before Womens Employment Discussed, Arab
News, February 6, 2006,
17

guardian to enroll in school.21 The general framework of education continues to reinforce

discriminatory gender roles, and womens second-class status. Article 153 of the Saudi Policy on
Education states, A girls education aims at giving her the correct Islamic education to enable
her to be in life a successful housewife, an exemplary wife and a good mother.22
Women are prohibited from studying at engineering colleges, with the exception of interior
design; and although women have recently been allowed to attend law school they are prohibited
from acquiring licenses to practice.23 If a woman is able to attend school their opportunities to
receive government scholarships are also restricted to specifications that require them to be
married and accompanied by their husband or a male guardian.24 As a consequence women are
forced with the decision to get married to meet these scholarship requirements. 25 These strict
limitations on educational opportunities impose on the freedom for women to choose what they
want to receive their education on; and continue to instill that women have a domestic role.
4. The health care system provides hardship for women to receive adequate care.
The guardianship law poses dangers for women who are imminent danger of serious health
risks. Even women in school dormitories are prohibited from leaving the school premises

21

See Ministry Enforces Travel Rules for Women Students, Saudi Gazette, September 18,
2007,http://www.saudigazette.com.sa/index.php?option=com_content&task=view&id=37324&It
emid=1(accessed May 03, 2014).
22
In 2002 the government combined the General Presidency for Girls Education (overseen by
the Department of Religious Guidance) and the Ministry of Education. The latter has always
overseen boys education.
23
Raid Qusti and Ali Al-Zahrani, Obstacles before Womens Employment Discussed, Arab
News, February 6, 2006,
http://www.arabnews.com/?page=1&section=0&article=77368&d=6&m=2&y=2006 (accessed
February 5, 2007).
24
See Ministry Enforces Travel Rules for Women Students, Saudi Gazette, September 18,
2007,
http://www.saudigazette.com.sa/index.php?option=com_content&task=view&id=37324&Itemid
=1(accessed May 03, 2014).
25
Id.
5

without a legal guardian.26 Guardianship laws pose serious risks of complication or death if a
guardian is not available to grant permission for a woman to access ambulance services.27 The
enactment of sex segregation has had horrific consequences, such as the case in 2002, when a
fire at an elementary school resulted in the death of 15 girls after they were not allowed to exit
the school without their headscarves. 28
The importance of guardianship approval is critical in health care and hospitals. The
requirement for guardian consent is not based on any regulation, but a consequence of their
religious views. Hospitals often require a guardians permission for women to be admitted,
discharged, or to administer a medical procedure on her or her children.29 For example, health
providers require husbands to approve treatments that may affect a womans fertility of their
spouses.30
The problem is far more complicated than womens inability to voice their decisions on
medical procedures. The major concern is that women risk criminal charges in some instances.
For example, if a pregnant woman arrives at the hospital without a male guardian they are at risk
of authorities claiming the pregnancy is a result extramarital relationship31, which is considered a

26

See Ministry Enforces Travel Rules for Women Students, Saudi Gazette, September 18,
2007,http://www.saudigazette.com.sa/index.php?option=com_content&task=view&id=37324&It
emid=1(accessed May 03, 2014).
27
Mesfaar Marriage Travel Solution for Women, Arab News, April 10, 2007,
http://www.arabnews.com/?page=1&section=0&article=94783&d=10&m=4&y=2007 (accessed
September 15, 2007).
28
See Saudi Arabia: Religious Police Role in School Fire Criticized, Human Rights Watch
news release, March 15, 2002, http://hrw.org/english/docs/2002/03/15/saudia3801.htm. The fire
was followed by the merger of the General Presidency for Girls Education (overseen by the
Department of Religious Guidance) and the Ministry of Education, mentioned above.
29
Human Rights Watch interview with Dr. Ali al-Qahtani, head of the General Directorate of
Hospitals, Riyadh, March 12, 2008.
30
Human Rights Watch interview with a physician, Riyadh, 2006 (exact date withheld).
31
Id.
6

Hudud32 (crimes against God). Hudud crime punishments are derived from the Islamic religion,
and extramarital affairs in marriage are punishable by death.33 This law severely disadvantages
women who have to hope their husband or male guardian accompanies them to the hospital or
face fatality.
5. The legal system is oppressive and contributes towards the violence and abuse against
women.
As already noted in the previous sections, Sharia law has severely disadvantaged women in
advancing under the oppressive male regime. Although some strides have been made to progress
in achieving gender inequalities there has unfailingly been roadblocks limiting women from
exercising the same freedom as men. The Saudi authorities have hampered womens ability to
freely into marriage by enforcing the guardianship laws, which requires the father or grandfather
to approve the marriage.34 In addition, the guardians also have the unilateral authority to dissolve
marriages they deem unfit.35
Prior to 2001, women were unable to get independent identification cards without their
guardians permission.36 Without an identification card, women are unable to get divorces.
However, similar to other sections, such as education advancements, there is always limitations
for women. In the event that a divorce takes place, the male retains guardianship over the

32

Crime and Punishment: Islamic State v. Saudi Arabia, Middle East Eye, Available at
http://www.middleeasteye.net/news/crime-and-punishment-islamic-state-vs-saudi-arabia1588245666 (last accessed May 6, 2015).
33
Id.
34
Jamal J. Nasir, The Status of Women under Islamic Law and Under Modern Islamic
Legislation (London: Graham & Trotman, 1990), p. 9
35
Id.
36
See Section 8 (Identity Cards and Family Books), Royal decrees No. 7, dated 20/4/1407H(1)
(December 21, 1986), art. 67.
7

children.37 These laws all reinforce the agenda that males have the supreme power to dictate the
lives of women.
II.

Saudi Arabias International Law Obligations and Violations

Here, the application of the Convention on the Elimination of All Forms of Violence
Against Women (CEDAW) is imperative.38 The convention obliges Saudi Arabia to pursue by
all appropriate means and without delay a policy of eliminating discrimination against women
including any distinction, exclusion or restriction made on the basis of sex which has the
purpose of impairing or nullifying the recognition, enjoyment or exercise by women [] of
human rights and fundamental freedoms in the political, economic, social, cultural, civil or any
other field.39 However, Saudi Arabia signed this convention with several reservations to
reinforce the Islamic law would reign the supreme law of their kingdom.
One of the notable reservations made by Saudi authorities directly related to womens rights
issues is:
The Kingdom does not consider itself bound by paragraph 2 of article 9 of the
Convention and paragraph 1 of article 29 of the Convention. Paragraph 2 of article 9

37

Custody laws in Saudi Arabia favor men and is not based on any determination of the best
interest of the child. Judges do not award custody to non-Saudi women or non-Muslims. As
recently as March 2006 the UN Committee on the Rights of the Child expressed concern 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. See
UN Committee on the Rights of the Child, Consideration of Reports Submitted by States Parties
under Article 44 of the Convention, Concluding Observations, Saudi Arabia, U.N. Doc.
CRC/C/SAU/CO/2, March 17, 2006, para. 30. See also Abdullahi An-Naim, Islamic Family
Law in a Changing World (London: Zed Books, 2002), p. 102.
38
CEDAW, art.2. Saudi Arabias accession to the convention was formalized through the
adoption of Royal Decree No. 25 of 28/5 [Concerning the kingdoms accession to the
Convention on the Elimination of All Forms of Discrimination against Women] on 28 August
2000.
39
Id.
8

reads as follows: States Parties shall grant women equal rights with men with respect
to the nationality of their children.40
The problem with declaring reservations is that it defeats the purpose of adopting the
International Law, and therefore this reservation basically render the international obligation
Meaningless.41 In addition, the reservations have allowed for the continued human rights
violations of gender inequalities and violence that has existed.
1. The guardianship laws violates the CEDWA and Universal Declarations of Human
Rights.
Saudi Arabias imposition of male legal guardianship on adult women violates Article 15
of CEDAW, which requires states to accord to women, in civil matters, a legal capacity
identical to that of men and the same opportunities to exercise that capacity.42 Furthermore,
Saudi Arabias restrictions on womens freedom of movement is a violation of the Universal
Declaration of Human Rights, and Article 15(4) of CEDAW obliges states to accord to men and
women the same rights with regard to the law relating to the movement of persons and the
freedom to choose their residence and domicile. 43
2. The employment restrictions violate the International Labor Organization and CEDWA.
Saudi Arabia is a party to the International Labor Organization (ILO), and the ILO
Convention No. 111 dealing with discrimination in employment. The sex segregation laws that
Saudi Arabia implements conflicts with Section 160 of the Labor Code44 sex segregation policies
that promotes equal opportunity between sexes. The ILO Committee of Experts have continued

40

Id.
See art. 19(c), Vienna Convention on the Law of Treaties, adopted May 23, 1969, entered into
force on January 27, 1980. United Nations, Treaty Series, vol. 1155, p. 331.
42
CEDAW, art. 15(4).
43
Id. at art. 15.
44
ILO Convention No. 111 concerning Discrimination in Respect to Employment and
Occupation, adopted June 25, 1958, 362 U.N.T.S. 31, entered into force June 15, 1960.
41

to criticize the Saudi Laws that have prohibited men and women being together at the
workplace, and resulting in occupational segregation as incompatible with the Convention.45
Furthermore, the need for a male guardian to grant a woman permission to work and his
ability to suspend her employment at any time and for any reason also violates Saudi Arabias
obligations under article 11 of CEDAW, which stipulates:46
States Parties shall take all appropriate measures to eliminate discrimination against
women in the field of employment in order to ensure, on a basis of equality of men
and women, the same rights, in particular: The right to work as an inalienable right of
all human beings; The right to free choice of profession and employment, the right to
promotion, job security and all benefits and conditions of service.
Saudi Arabia has not offered women the rights that afford these opportunities the
Convention states. Women have been denied access to choose what professions they want to
pursue, and the occupations they are allowed to enter are limited by the male guardians approval.
This poses a serious problem for women who can become economically dependent on men
without meaningful opportunities to leave abusive relationships.
3. Saudi Arabias ban on women driving and traveling are violations of Universal
Declaration of Human RightsFreedom of Movement.
Article 13 of the Universal Declaration of Human Rights provides that Everyone has the
right to freedom of movement and residence within the borders of each state; and Everyone
has the right to leave any country, including his own, and to return to his country.47 Moreover,
although Saudi Arabia is not a party to the International Covenant on Civil and Political Rights,
the government informed a United Nations committee in March 2003 that it would soon
accede to this treaty. If Saudi Arabia does sign this covenant their current policies would violate
Article 12 of the International Covenant on Civil and Political Rights also sets out the right to
45

Id.
CEDAW, art. 11.
47
Universal Declaration of Human Rights, G.A. res. 217A (III), U.N. Doc A/810 at 71 (1948)
46

10

freedom of movement. The UN Human Rights Committee stated that Saudi Arabia has an
obligation to protect freedom of movement is particularly pertinent in the case of women. They
went on to say, it is incompatible with article 12, paragraph 1, that the right of a woman to
move freely and to choose her residence is made subject, by law or practice, to the decision of
another person, including a relative.48
4. The discrimination in education is a violation of CEDAW and Convention Against
Discrimination in Education.
The gendered structure that promotes womens roles as second-class servants to men is
unharmonious with CEDAW. CEDAW obliges Saudi Arabia to take all appropriate measures to
eliminate discrimination against women in order to ensure to them equal rights with men in the
field of education and in particular to ensure, on a basis of equality of men and women.49 Saudi
Arabia should be offering the same conditions for career and vocational guidance. This includes
access to studies in educational establishments of all categories, and the same opportunities to
benefit from scholarships and other study grants so that women do not have to seek out marriage.
Additionally, Saudi Arabia has ratified the United Nations Educational, Scientific and
Cultural Organization Convention against Discrimination in Education, which specifies that
segregation is not in itself a breach of the Convention if, these systems or institutions offer
equivalent access to education, provide a teaching staff with qualifications of the same standard
as well as school premises and equipment of the same quality, and afford the opportunity to take
the same or equivalent courses of study.50 However, the problem with this amendment is that it
provides a loophole for Saudi Arabia to reinforce gender inequalities in violation of Articles 9

48

Id.
Id.
50
UNESCO Convention against Discrimination in Education adopted on December 14, 1960,
art. 2.
49

11

and 153 of the 1969 Policy of Education. The UN Committee on the Rights of the Child
expressed serious concern in 2001 that Saudi Arabias policy on education for girls
discriminates against girls and is incompatible with article 29 (a) of the Convention.51
5. Saudi Arabias health system fails to meet CEDAW standards.
Saudi Arabias failure to ensure that all hospitals admit women and provide medical
treatment without a male guardians consent violates its obligations to ensure womens basic
health rights. Article 12 of CEDAW obliges states to take all appropriate measures to eliminate
discrimination against women in the field of health care in order to ensure, on a basis of equality
of men and women, access to health care services, including those related to family planning.52
Saudi Arabia has an obligation to refrain from obstructing action taken by women in pursuit of
their health goals. Saudi Arabia should not restrict womens access to health services or to the
clinics that provide those services on the ground that women do not have the authorization of
husbands, partners, parents or health authorities, because they are unmarried or because they are
women.53
6. Saudi Arabias laws on marriage unfairly oppress women resulting in the perpetuation of
violence against them; and are in violation of CEDAW.
CEDAW provides that states, shall take all appropriate measures to eliminate

51

UN Committee on the Rights of the Child, Consideration of Reports Submitted by States

Parties under Article 44 of the Convention, Concluding Observations, Saudi Arabia, U.N. Doc.
CRC/C/15/Add.148, February 21, 2001, para. 39 (a). Article 29(d) of the Convention on the
Rights of the Child states that education shall be directed to the preparation of the child for
responsible life in a free society, in the spirit of understanding, peace, tolerance, equality of
sexes, and friendship among all peoples, ethnic, national and religious groups and persons of
indigenous origin Saudi Arabia acceded to the Convention on the Rights of the Child in 1996.
52
UN Committee on the Elimination of Discrimination against Women, General
Recommendation No. 24, The Right to Health, UN Doc. A/54/38/Rev.1 (1999), para. 14.
53
Id.
12

discrimination against women in all matters relating to marriage and family relations.54 In
particular, states are required to afford to women the right to enter into marriage only with their
free and full consent. Saudi Arabia violates this fundamental right when it allows legal guardians
to withhold consent for marriages or dissolve marriages that they see as unfit.
By denying women legal guardianship of children, Saudi Arabia is also violating article
16(f) of CEDAW, which clearly notes that state parties should ensure men and women the same
rights and responsibilities with regard to guardianship [] and adoption of children, or similar
institutions where these concepts exist in national legislation; in all cases the interests of the
children shall be paramount.55 The importance of establishing gender-neutral marriage laws,
and legal ramifications in divorces has a direct bearing on the violence against women. The
current model does not provide a deterrent for men to not top physical or emotional abuse
towards women, and makes it extremely difficult for women to try to get out marriages that are
abusive.
7. The current laws promote gender violence against women in violation of the Elimination
of Discrimination against Women.
The guardianship laws pose an imminent threat to the safety and well being for victims
of violence. Saudi Arabia is also failing to act with due diligence to prevent, investigate, and
punish violence against women, putting womens health and lives in jeopardy. Women are
entitled to rights that include the right not to be subject to cruel, inhuman or degrading treatment
or punishment,56security of person,57 and in extreme cases, the right to life.58 Moreover,

54

CEDAW, art. 10.

Id. at art. 16(f).
56
The right to be free from torture and cruel, inhuman or degrading treatment is provided for in
article 7 of the International Covenant on Civil and Political Rights (ICCPR), 999 UNT.S. 171,
entered into force March 23, 1976.
55

13

CEDWA59 obliges Saudi Arabia to take action to end discrimination against women without
delay. As long as Saudi Arabia fails to address and eliminate their discriminatory practices of
male guardianship and sex segregation, they are scorning its international commitment to
guarantee women and girls their rights to: education, employment, freedom of movement,
marriage with their free and full consent, and their right to health, including protection from and
redress for family violence.
III.

Remedies to Help Saudi Arabia Meet International Law Standards

It is clear that Saudi Arabia is engaging in fundamental human rights violations that must
be eliminated to coincide with International law standards. First, it is the Kings responsibility to
make the most important change, which are the guardianship laws requirements that have
resulted in men having control over womens lifestyle and decisions. The King should
promulgate by royal decree the dismantling of the legal guardianship system for adult women
guaranteeing that women are considered to have reached full legal capacity at 18 years of age.
Next, they should establish an oversight mechanism, such as a committee, to ensure this law is
taken into effect; and women are able to freely work, travel, study, marry, receive health care, or
access any public service. Then, women need to be appointed as council members to ensure
women are having their voices heard in decision-making.
In order to coincide with the International Laws Saudi Arabia needs to sign and ratify
The Optional Protocol to CEDAW. This includes lifting the reservations made upon acceding to
CEDAW, which violate the object and purpose of the treaty. Additionally, Saudi Arabia needs to

57

Universal Declaration of Human Rights (UDHR), adopted December 10, 1948, G.A. Res.
217A(III), U.N. Doc. A/810 at 71 (1948), art.3; ICCPR, art.6.
58
Article 6 (1) of the ICCPR states that every human being has the inherent right to life. This
right shall be protected by law. No one shall be arbitrarily deprived of his life.
59
CEDAW, art. 1.
14

implement the recommendation made by the Committee on the Rights of the Child to seek
technical assistance from the Office of the High Commissioner for Human Rights, the United
Nations Childrens Fund, and the World Health Organization to support efforts to address
violence against women and children.
The Ministries of Health, Higher Education, Interior, and Labor are also responsible for
issuing clear and explicit directives to their staff prohibiting them from requesting a guardians
presence or permission to allow a woman access to any service; and they should ensure that
womens full realization of their rights is not compromised or jeopardized by segregation
policies and practices. In order to do this they must issue clear and explicit directives to all police
stations allowing women to enter the station and file a complaint without the presence or
approval of a guardian.
It is critical that women are afforded the same rights as men to file a case, testify in court
on all matters, including criminal matters, and speak on their own behalf in the courtroom. In
order to ensure fairness, women need to become active as employees of the criminal justice
system. This requires the elimination of restrictions on the appointment of women as judges,
members of the Bureau of Investigation and Public Prosecution, and law enforcement officers.
Moreover, marriage equality is important to ensure the right of all adults to freely enter into
marriage. The ministry should also instruct judges not to accept law suits from third parties
seeking to judicially divorce couples. Finally, upon divorce the laws needs to change regarding
custody matter so that it is on the basis of the best interests of the child in line with international
standards. The ministry should ensure that during a marriage and following a divorce both
parents should have equal rights to open bank accounts for their children, enroll them in school,
obtain school files, or travel with them.

15

Next, they need to lift the ban and restrictions on womens freedom of movement by
revising Saudi travel regulations to remove any barriers specifically imposed on female travelers.
This includes, eliminating any restrictions on female driving in the kingdom, and ensuring that
women are afforded the same opportunities to drive and acquire a drivers license as men.
Moreover, ministry should also approve a system of public transportation for women who cannot
afford a car or driver.
In the education system, the government must issue clear and explicit directives to all
academic institutions prohibiting staff from requesting a guardians permission to allow a woman
to be admitted for any course of study, or from removing a female student from her program at
the request of a male relative. This should also uphold the rights of female university students to
freedom of movement by removing the need for a male guardians permission to allow students
over the age of 18 to leave university grounds.
In the employment sphere, there needs to be clear and explicit directives to all places of
employment prohibiting staff from requesting a guardians presence or permission to allow a
woman to work, or from removing a female employee from her position at the request of a male
relative. This should incorporate removing any special procedures imposed on female business
owners, including the need for a male proxy to conduct business and the need for permission
from a guardian to access a loan.
Lastly, in the health care field there needs to be clear and explicit directives to all
government hospitals and private clinics prohibiting their staff from requesting a guardians
presence or permission to allow a female adult patient to be admitted, discharged, or receive care
of any kind. There needs to be a reform in the Patients Bill of Rights that recognize gender
equality so that men and women receive the same treatment in medical care. Finally, the concept

16

that pregnant women that are unaccompanied by men during labor have engaged in extramarital
affairs needs to be eliminated with the change in ending guardianship policies.
IV.

Conclusion

In conclusion, the most important thing is to ensure women and men are treated with
equal fundamental respect, and without the fear of oppression. The country can still maintain
their religious sympathies, but have to progress to understand that people should have a choice
about how they choose to live their life. Therefore, if a woman chooses to maintain the
conservative Islamic traditions it should be her choice, rather than imposed on her. The main
point is that freedom is necessary to achieve a quality life, and a legal adult should be able to
make his or her own choices without egregious consequences.

17