Saudi Women and Human Rights

Human rights connote the basic rights and freedom to which all human beings, men and women, are entitled. Article 1 of the United Nations Universal Declaration of Human Rights (UDHR) states that, All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. Examples of basic human rights include political and civil rights which encompass the right to life and liberty and freedom of expression. Social and cultural rights define the right to be treated with respect and the right to food, work and education. Human rights, by their very definition, are free from discriminatory inclinations. Womens rights are those freedoms that women and girls of all ages are entitled to receive. These rights are usually segregated from the traditional umbrella of human rights as the perception of an inherent historical bias against women still infiltrates the minds of many across the world (Hosken, 1981, p. 2). Although women make up almost 51 percent of the population, they are still treated as a minority group (Head, 2009). Womens rights around the world are usually a crucial factor in the understanding of global well being (Shah). Though a great deal of progress has been made in recent times in this regard, it is difficult to change tradition overnight. There are still laws around the world that project women as irrational and feeble-minded and exercise lurid control over womens bodies, and school policies are created to re-segregate the next generation of girls into subservience (Head, 2009).

Saudi Women Rights Issues
Though women all round the world enjoy lesser privileges than men, the state of women rights in Islamic countries like Saudi Arabia is much worse. This results from a conflict between balancing religious rights and universal human rights. Male dominated interpretations of Quran severely limit the rights available to Muslim women. According to Amina Wadud, author of Quran and Women Rereading of Scared Text from a Womans perspective, certain passages in the Quran sound like they were intended for male audience interpretation (Spring, 2001, p. 71). They reaffirm the central role of father in the family and the need for women to live within male shadows. Women rights set against this backdrop invariably miss the right to equal opportunity in all facets of life. For instance, women are not given the right to drive or use public transport unless accompanied by a man. Till 1960 women were also devoid of the right to formal education (Sharma, 1994, p. 309). Till date women form less than 7 percent of the workforce in the nation. None of the aforementioned restrictions are imposed on men. All this bears testimony to the breach of a fundamental human right, namely the right to equality.
   
The situation seems grimmer to people from western countries. According to Womens eNews Editor in Chief Rita Jensen, the nation practices gender apartheid (Henley, 2009). Women are always required to wear an abaya, a full length black gown.  Jensen opined that Saudi Arabia is a highly dangerous place for women to travel alone. However, they do hold rights to own property or conduct business transactions as well as the right to attend school. The wide bridge between the western world and the socially backward gulf region was aptly summarized when Jensen stated that, I was also as a single woman accustomed to the freedom of New York City, where I can move about unfettered by gender restrictions, even feeling safe on the citys subway late at night. In Saudi Arabia I would lose all that and I didnt know how my internal navigation would cope. All these observations denote violations of the right to equality and equal opportunity. Women who are unable to pursue a formal education due to travel restrictions also lose their right to education, considered another crucial human right in the modern world. Further, women empowerment is gaining momentum as a fundamental womens right and such restrictive practices only work to curtail this right. Though the Saudi government asserts that no such stipulations exist, officials insist that women need to obtain permission from their male guardians even to conduct their most basic affairs like travelling or seeking medical care. Al Watan, a Saudi newspaper, revealed on July 2, 2009 that a woman seeking elective surgery needed the permission of a male guardian (Human Rights Watch). Perpetual Minors, an April 2008 report, demonstrated the negative consequences suffered by women when the male guardian refused to grant such permissions. The Al Watan article also revealed the plight of women living in discord with husbands who refuse to grant them a divorce (Human Rights Watch, 2009). However, the scenario presented by the government to the Human Rights Council in Geneva is a stark contrast (Human Rights Watch, 2009).  Sarah Leah Whitson, a Middle East director says, The Saudi government is saying one thing to the Human Rights Council in Geneva but doing another thing inside the kingdom. It needs to stop requiring adult women to seek permission from men, not just pretend to stop it (Human Rights Watch, 2009). Saudi Arabian government cannot successfully provide human rights to all citizens unless right to equality is made available to its women citizens. Even though situations are improving with times and newer regulations are being introduced, the social stigmas and prejudices associated with women empowerment serve as additional deterrents for implementation of basic human rights in the nation.
   
In my opinion, women are devoid of many essential freedoms in not only Saudi Arabia but also in other GCC countries. For instance, abaya is worn in all GCC countries. It is not seen as restrictive in nature by most women. Similarly, travel restrictions are imposed on women in Qatar and UAE. However, western perceptions of Islamic women rights are subject to severe exaggerations. I opine that women in these countries have different nature than women in western countries and will not enjoy having the same freedom as western women. Many changes are required in present day society but some restrictions are essential for maintaining the rights of Islamic women to their culture and heritage. Further, despite various hurdles opposing the human rights for women, their conditions have been constantly improving. Saudi women have the right to own property, transact business, go to school and be supported by their husbands, while maintaining their separate bank accounts.

CEDAW International Convention
The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) sought to provide equal rights to women in political as well as public spheres by designing an appropriate set of measures. Article 7 of CEDAW (Human Rights Watch, 2009) supports the view that women are on equal terms with men and gives them the right

To vote in all elections and public referenda, and to be eligible for election to all publicly elected bodies
To participate in the formulation of government policy and the implementation thereof, and to hold public office and perform all public functions at all levels of government

To participate in non-governmental organizations and associations concerned with the public and political life of the country (CEDAW knowledge resource).
   
Article 8 states that parties shall take all appropriate measures to ensure to women, on equal terms with men and without any discrimination, the opportunity to represent their Governments at the international level and to participate in the work of international organizations (CEDAW knowledge resource). By ratifying the UN Convention on the Elimination of all Forms of Discrimination against Women (CEDAW) in 2000, Saudi Arabia agreed to abide by the agreement and put an end to all forms of discrimination against women. However, the reservations expressed towards critical articles of the Convention have raised doubts regarding Saudi Arabias commitment to the cause. They have stated that, In case of contradiction between any term of the Convention and the norms of Islamic law, the kingdom is not under obligation to observe the contradictory terms of the Convention.

The CEDAWobliges the government to take steps to address social and cultural aspects as the source of many womens rights abuses, with Article 5(a) recommending the modification of social and cultural patterns of conduct of men and women, with a view to achieving the elimination of prejudices and customary and all other practices which are based on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and women (Human Rights Watch, 2009). The committee also urges the government to amend its legislation giving preference to international treaties over domestic law. Further, it encourages the State party to enact a comprehensive gender equality law and intensify efforts to raise public awareness about the Convention. It promotes adoption of steps that will facilitate creation of a culture of non-discrimination on the basis of sex, among its primary recommendations (Human Rights Watch, 2009).
   
The Saudi report openly violates Article 15 of the Convention which directs all states to accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity.  However, the Saudi report states that male legal guardianship restrictions on adult women are in place, depriving them of their right to act on their own behest. This also violates Article 13 of the Universal declaration of Human Rights which states, 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. With regards to non discrimination in employment, the convention recommends that, The prohibition on men and women being together at the workplace results in occupational segregation according to sex since it restricts women to jobs where they will only be in contact with other women and which are deemed to be suitable to their nature and not contrary to current traditions. Further, in response to health care restrictions on women, CEDAW committee recommends that, obligation to respect rights requires States parties to refrain from obstructing action taken by women in pursuit of their health goals. States parties 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, or because they are unmarried or because they are women (Human Rights Watch, 2009).
   
In totality, Saudi Arabia is far from providing women with basic human rights such as right to equality, and women rights such as right to empowerment. Women oppression has resulted from a male-oriented interpretation of religious Islamic texts. The country still faces conflict between accepted world norms and rights and religious beliefs. With growing awareness and international pressure, it is taking steps to enhance the spectrum of rights available to women. A major step in this regard was approval of the Convention on the Elimination of All Forms of Discrimination against Women. This was followed by undertaking of multifarious steps to safeguard women rights and empower women. Even after adoption of the Convention, the inertia with respect to womens rights made the nation take some inadequate or incorrect steps. When the same were brought to the notice of CEDAW, it made several recommendations of Saudi Arabian government for taking better steps for protection and advancement of women. The UN must also play a more significant role in order to ensure that women are not undermined in society and are accorded equal status with men.

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