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Turkish pipe export prices rise on firm demand amid shortage of material. And the law would protect him. I want my rights. Initially, a woman is under the legal guardianship of her father. When she marries, her husband becomes her new guardian. When a guardian dies or a woman divorces, a new guardian is appointed, generally, the next oldest mahram.
It happens immediately. If there is a father, I go back to my father. It is like I am property. Women may transfer legal guardianship to another male relative, but it is an extremely difficult legal process. Four activists told Human Rights Watch that it is very difficult to transfer guardianship outside of cases of severe abuse or if a woman can otherwise prove the guardian is incapable, for example due to old age.
Even then, it can only be done through a court order and can be difficult to establish the requisite level of proof. Zahra, 25, told Human Rights Watch that her father beat her and her sister when they were children.
When Zahra was 12, her father beat her so severely that she temporarily lost her vision. She thought she was going blind.
The doctor told her she was lucky the damage was not permanent. The girls lived with their mother, but their father remained their legal guardian and threatened to force them to live with him if they disobeyed him.
Her father refused. Zahra and her sister sought help from a charity, but the organization told them that denial of travel or education abroad was not a sufficient basis to transfer guardianship. According to Zahra, she and her sister told the charity that their father physically abused them when they were children, but the organization said it could not intervene unless the physical abuse was ongoing. In , Zahra, who now needed to travel for work, called five lawyers to ask for help transferring guardianship away from her father.
Each lawyer told her that denial of travel or forcing her to quit her job was not a sufficient basis for transferring guardianship. Human Rights Watch spoke with women who said their friends or family members sought to marry to escape strict, conservative, or abusive fathers and brothers. Saudi Arabia has failed both to end state practice premised on the inferiority of women and to take sufficient measures to tackle discriminatory customary practices.
In and again in , Saudi Arabia agreed to abolish the male guardianship system and all discrimination against women following its universal periodic review at the UN Human Rights Council. It is very hard to say you live, you just survive The simple freedom of opening your door and going out for a walk… I have to call a driver to get my coffee.
What if I want to walk in peace and get my coffee and come back? No country restricts the movement of its female population more than Saudi Arabia. Women cannot apply for a passport or travel outside the country without guardian approval and women are barred from driving. These restrictions also inhibit the effectiveness of other reforms Saudi Arabia has undertaken, such as in the labor sector, by making it more difficult for enterprising women to attend business conferences or pursue academic studies outside the country, or to travel to and from work inside the country.
Guardians have conditioned consent for a woman to travel on payment of money or dropping a court case against them. According to Ministry of Interior regulations, a guardian must apply for and collect a passport for women and minors. Reema, 36, told Human Rights Watch she went to renew her passport when she was separated from her husband.
Reema offered to have her father sign the paperwork, but officials insisted her husband, her guardian, must sign. Because she was unable to renew her passport, Reema had to cancel a number of workshops and meetings abroad that she had planned to attend. It is really ridiculous. If she wants to travel, she needs the permission of her son.
Come on, why would an elderly woman need the permission of her son or even grandson to travel or to do anything? In , women began to vocally critique the text message alerts on Twitter. By early , the authorities announced that they suspended text notifications.
Human Rights Watch spoke with multiple women whose guardians had threatened to or in fact refused to allow them to travel abroad. Rania, 34, came back to Saudi Arabia to visit her family after living abroad for many years. When she sought to leave, her brothers, acting as her guardians, refused to renew her travel permission. Rania said she had to resort to some drastic measures, including refusing food, until her brothers finally relented and allowed her to travel again.
Tala told Human Rights Watch that she wanted to return to visit her family but had not done so for more than three years over threats from male family members that they would prevent future travel. They have all the authority to do so. Men occasionally extort female dependents for travel permission. Requiring guardian permission for women to travel makes it difficult for women exposed to family violence to escape abuse.
Human Rights Watch spoke with women who felt their only safe option was to leave the country after male family members abused and threatened them, but who were unable to convince their fathers to allow them to travel. Over eight years, the guardians of at least two of Dr. Regardless, she applied to a foreign university.
Following her acceptance, her father continuously changed his mind—agreeing to let her go and then revoking his consent—until two days before the flight. I know that they do want to go and explore the world, but for them they know there is no way out unless they get married. Multiple women told Human Rights Watch that the scholarship program had been incredibly helpful in letting them pursue opportunities for higher education. The scholarships come with requirements. The government provides living expenses for the mahram.
Nisreen and Zayn said they had been fortunate that their brothers could travel with them as mahrams , but that they knew smart, hard-working women unable to study on a scholarship because of the mahram requirement.
Najma, for example, was awarded a government scholarship and worked hard to convince her father to allow her to study abroad. He finally agreed. She left the country, made friends, and fell in love. She visited her family in Saudi Arabia after a few years. Najma believed her father revoked her travel permission, and felt she had no means of legal recourse to recover her passport or travel. Najma is unable to finish her degree.
While the mahram requirements are not always strictly enforced, officially requiring a mahram and guardian consent are onerous requirements for women hoping to pursue further education abroad, especially where men may use it for extortion.
Heba told Human Rights Watch that her divorced friend had three children, all girls. Khadija, 42, said that one of her employees hoped to go abroad to continue her studies. After the woman's father died, her brother became her guardian. He refused to allow his sister to follow through on her plans, forcing her to stay in the country. Formally, women do not require guardian permission to travel anywhere inside Saudi Arabia, including flying between cities.
For example, in November , a Saudi appeals court upheld a ruling of 30 lashes for a man for slapping his wife and spitting on her.
According to Arab News , the husband said he hit his wife because she had gone out of the house several times without seeking his permission. The judge reportedly ordered the wife to abide by her husband's request not to leave the house without his permission. Female students living in university dormitories may be prohibited by school authorities from leaving campus even in cases of illness except with a legal guardian.
Amira, 42, told Human Rights Watch that her daughter, 22, studied in a Riyadh college and lived in a dormitory. Saudi Arabia remains the only country in the world that prohibits women from driving. Saudi Arabia had a customary ban on women driving until , when it became official policy.
The traffic police stopped the protesters, took them into custody, and released them only after their male guardians signed statements that the women would not attempt to drive again. This is well-known. The fatwa on the driving ban cited the goal of preventing women from committing acts of khilwa mixing with unrelated members of the opposite sex. Yet, because of the ban, women must take taxis driven by men or hire male drivers, often foreign nationals. Women have continued to campaign for the right to drive.
Saudi authorities have issued conflicting statements regarding whether women would be allowed to drive. As in many countries across the globe, many women in Saudi Arabia are regularly and repeatedly subjected to violence.
Over a one-year period ending October 13, , the Ministry of Labor and Social Development reported that it encountered 8, cases of physical and psychological abuse in Saudi Arabia, most involving violence between spouses. Such forms of violence are clearly linked to abuse of the guardianship system. It is likely the vast majority of cases go unreported, given the isolation of victims and difficulty of reporting and seeking redress.
Domestic violence prevents women from exercising a host of rights, including the right not to be subject to cruel, inhuman or degrading treatment, to security of the person, and, in extreme cases, to life. Saudi authorities have increasingly recognized violence against women as a public policy issue.
In , the government created the National Family Safety Program, which focuses on ensuring that domestic violence survivors have access to shelters and protection mechanisms. The male guardianship system creates an environment ripe for abuse. Saudi women have repeatedly called for the immediate removal of authority from any guardian who abuses a female family member. Guardianship makes it incredibly difficult for victims of violence to seek protection or obtain legal redress for abuse.
The near impossibility of transferring guardianship away from abusive relatives can condemn women to a life of violence. Prisons, juvenile detention centers, and shelters may only allow women to exit into the care of a male relative.
Prior to adoption of this law, Saudi criminal justice authorities had no written legal guidelines to treat domestic abuse as criminal behavior. In the absence of a written penal code, judges rely solely on their individual interpretations of uncodified Sharia to determine whether certain actions are defined as criminal. The law defines abuse as physical, psychological, or sexual abuse, but does not explicitly state that marital rape is a crime.
The law also does not explicitly include economic abuse as one of the elements of domestic abuse as required under international standards. Maysa, a law graduate, said that punishments for women convicted of disobedience can range from being sent home to imprisonment.
Maysa, who studied law, told Human Rights Watch that the definition of what constitutes acceptable discipline in court varies based on which judge is interpreting a case. Abeer, a medical professional who specializes in domestic violence, told Human Rights Watch that many in Saudi Arabia, including some social workers, believe guardians have the right to use physical violence to discipline women and children.
Since the adoption of the Protection from Abuse Law of , the government has facilitated reporting of abuse. The law requires individuals, including public servants, to report abuseand gives the police and Ministry of Labor and Social Development the authority to respond to reports of abuse.
In , the Ministry of Labor and Social Development launched an all-female staffed center in Riyadh to receive reports of domestic abuse 24 hours a day, 7 days a week. The center, which received 1, calls within the first three days of operation, refers cases of domestic abuse to protection teams across the country or, in severe cases, to the police. Despite these steps forward, women still struggle to report abuse, particularly with the police. While Human Rights Watch spoke with women who had filed complaints with the police without a male relative, others said police had turned them away or they felt uncomfortable going to a police station without a male relative accompanying them.
The prevailing environment of sex segregation makes women hesitant to walk into a police station. According to four women with significant experience handling domestic violence cases, police occasionally call or send women back to their guardians, even when the woman is attempting to report abuse.
A Saudi commentator reported in that an abused woman who had been locked in a bathroom and urinated on by her husband sought help from the police. According to the writer, the police would not accept her complaint outside the presence of a male guardian. Zahra said that a social worker with whom she works reported that the ministry had done so in a number of cases in her province.
Farah, a child protection specialist, told Human Rights Watch that in cases she has observed, authorities often said they could not enter a house without guardian permission or special permission from a local authority.
Sowsan, another abuse specialist, told Human Rights Watch of a case in which a woman reported her husband, who had severely choked her, to the police. The police arrested the husband, but then called the woman and told her that her husband would not do it again and that she should come to provide bail and release him. Sowsan explained that police often pressure women to forgive their husbands.
Individuals who attempt to report abuse or provide help to women subject to abuse may find themselves prosecuted. They had been trying to help a woman who claimed her husband locked her in her house and denied her adequate food and water. Saudi women and migrant domestic workers who report abuse, including rape, sometimes face counter accusations, leaving them open to criminal prosecution.
Women may be charged with moral crimes, like khilwa mixing with unrelated members of the opposite sex , or with fleeing from their homes. Intisar, for instance, told Human Rights Watch that when her mother found out she was pregnant, she forced Intisar to have an abortion.
Intisar felt she had no safe options, noting that the authorities, including the police and the court system, would side with her parents.
According to three abuse specialists, the Protection from Abuse Law has made judges more responsive to abuse claims. Abeer, a psychologist who has worked on abuse cases for more than 15 years, said that individual judges have increasingly accepted psychological reports, testimony and expert opinions in custody and domestic violence cases following the implementation of the law.
Zahra told Human Rights Watch that she has seen abuse cases proceed more quickly and women increasingly report to hospitals to receive medical reports of physical abuse.
However, she said judges still maintain vast individual discretion and women would benefit from a clearer law. Under the Protection from Abuse Law, authorities can, in cases of abuse, institute protection measures such as ensuring victims receive health care, taking steps to prevent recurrence of abuse, summoning and obliging offending parties to sign pledges, sending victims to shelters, and forcing offenders to undergo psychological treatment or rehabilitation.
Even after the promulgation of the law, the authorities appear to prioritize reconciliation of the family over the safety of the woman. Part of the problem is the legal guidance itself. Authorities required abusers to sign pledges as part of the response to abuse before the law. This proved ineffective, according to activists. In , a woman fled from her home to a shelter in Riyadh, but her father and four uncles came to the shelter, arguing it was shameful for their daughter to remain there.
Domestic abuse specialists agreed that shelter administrators continue to deal with women within the framework of guardianship, generally attempting to resolve the problem between the woman and her abuser, rather than working to empower her to live independently. Shelter administrations have different policies for arranging how a woman may leave a shelter.
According to abuse specialists, shelter administrators generally prefer that a woman leaves in the care of her guardian but, if the guardian is the abuser, often allow her to leave with another mahram. Other shelters appear to have policies that allow women to leave by themselves rather than into the care of a mahram. She added that it is practically difficult for women to live alone—women still struggle to sign leases without a guardian and may require guardian permission to secure employment—so they may return to their abusers.
As abuse often happens in the context of wider family dynamics, releasing a woman to another male relative other than her abuser does not necessarily ensure her safety. In , Sura, a now-retired university lecturer, noticed one of her students was frequently late or absent. The student told Sura that her father sexually abused her. The student went to a shelter, but the shelter later released her to her uncle, who returned the girl to her father.
According to Sura, the student told her that her father threatened her and told her he would kill her if she complained about the abuse again. Women in Saudi prisons require a guardian to sign them out as a condition of their release. Continued detention following completion of a prison term, including forced stay at a shelter, constitutes arbitrary detention, is in breach of international standards, and is a form of discrimination and a violation of CEDAW. In November , the Saudi Gazette reported that shelters took in 2, women over a two-year period after their release from prison, most of whose families refused to take them home.
After completing her sentence, her father refused to take her home. Authorities transferred her to a shelter. Her brother agreed to receive his sister, but she fled from his house, was arrested, and put back in the shelter. The authorities arrested her and returned her to the shelter. Women have the right to refuse to go back to their families or to get married, but are forced to remain in the shelters if they refuse.
Shelters often do not allow women to use cellphones, to exit the shelter freely, or to bring their adolescent sons with them into the shelter. Women at a Jeddah shelter reported to the National Society for Human Rights that staff occasionally mistreated women, and that the shelter was overcrowded, had poor facilities and prevented women from continuing their education or leaving the shelter.
Forcing a woman who has escaped abuse by one man to choose between an arranged marriage to another, a life of imprisonment, or a return to abuse is no choice at all; it is a continuation of abuse. In August , a woman committed suicide in a shelter in Mecca.
A note, purportedly written by her and circulated on social media, said: I decided to die to escape hell. Spatter Dash CB. Spatter Dash SB.
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