Women continue to be subjected to legal and societal discrimination in Saudi Arabia as well as restrictions of their rights. They do not have the same rights as men when it comes to marriage, divorce, and child custody due to the male guardianship system which gives women’s guardians the power to make decisions on their behalf.
Despite claims of progress to improve women’s rights in the country, Saudi Arabia’s 2022 Personal Status Law still preserves male guardianship over women, limiting their rights and perpetuating gender discrimination. The Law provides that guardianship ends when a person reaches the age of majority, yet key provisions of the male guardianship system are still legally recognized for marriage, divorce and child custody.
Women still need a male guardian’s consent to marry, with guardianship transferring from father to husband. According to the law, women have to obey their husbands and if they fail to do so without a legitimate excuse, they can lose the financial support and custody of children.
While men can unilaterally divorce, women face significant barriers to initiating divorce, including the need to petition a court and prove they suffer harm to justify the dissolution of marriage. Women must also compensate their husbands for divorce unless a fault-based divorce, a faskh, is granted as ordered from the court.
Regarding child custody, fathers are the default guardians while mothers have limited authority over decisions affecting their children, even in cases where the parents do not live together. Also, the law discourages women from remarrying or leaving the marital home if they have children as fathers can challenge custody and appoint alternative guardians for the children if claimed that the child’s “best interest” was not respected.
The law codifies longstanding patriarchal practices such as the strict conditions that grant automatic citizenship to children born to Saudi fathers while children of only Saudi mothers must apply for it after they turn 18. Also, men can accuse their wives, daughters, or female relatives of disobedience and file a court case.
Moreover, human rights defenders advocating for women’s rights and the abolishment of the male guardianship system are subjected to suppression, facing harassment, detention, and travel bans. For example, Saudi interrogators have been accused of torturing and sexually harassing at least four women activists in 2018 and the woman human rights defender Loujain al-Hathloul, released in 2021 after being detained for two years, is still subjected to a travel ban.
The current legislation reflects a broader trend of reforms which have failed to protect women from discrimination. The legislation’s lack of clear definitions and standards in fact gives judges wide discretion when adjudicating cases which brings to inconsistent interpretations and unfair trials.
The Personal Status Law contradicts the country’s obligations under international treaties such as the UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) which was ratified in 2000, particularly in ensuring gender equality in marriage, divorce, and child protection.
ECDHR calls on Saudi authorities to amend the Personal Status Law and ensure that women have equal rights and responsibilities concerning marriage, divorce, and guardianship of their children, in line with the international standards. Also, ECDHR calls on the international community to monitor Saudi Arabia’s compliance with the international obligations to make sure the government applies appropriate measures to protect women’s rights.