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The U.N. Committee on the Elimination of Discrimination Against Women

U.N. body calls for Saudis to end male guardianship


By Guest Column ——--February 3, 2008

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A United Nations human rights body called on Saudi Arabia on Friday to immediately end its system of male guardianship which it said severely limits the basic freedoms of women in the kingdom.

The U.N. Committee on the Elimination of Discrimination Against Women, in its first scrutiny of Saudi Arabia's gender equality record, said Islamic Sharia law should not trump an international women's rights treaty that Riyadh signed in 2000. The committee's 23 independent experts urged Saudi Arabia to "amend its legislation to confirm that international treaties have precedence over domestic laws," and "enact a comprehensive gender equality law." They also said that Riyadh should "take immediate steps to end the practice of male guardianship over women" and work to eliminate "negative cultural practices and stereotypes" which discriminate against women. Saudi Arabia's system of male guardianship severely curtails the rights afforded in the 1979 Convention on the Elimination of All Forms of Discrimination Against Women, the committee said. The rules restrict women's legal rights in marriage, divorce, child custody, inheritance, property ownership and decision-making in the family, as well as choice of residency, education and jobs, the committee said. It "contributes to the prevalence of a patriarchal ideology with stereotypes and the persistence of deep-rooted cultural norms, customs and traditions that discriminate against women," the committee said. A de facto ban on Saudi women driving further reinforces such stereotypes, the U.N. body concluded. Although the body has no legal power to enforce its recommendations, it is regarded as a moral authority on women's rights. SAUDIS SAY NO DISCRIMINATION A report submitted by Riyadh on its compliance with the treaty said that generally there was "no discrimination against women in the laws of the kingdom." A Saudi delegation led by Zeid Bin Abdul Mushin Al Hussein, vice president of the Saudi Human Rights Commission, told the committee during a recent debate: "Human rights in the kingdom of Saudi Arabia are based on Sharia law." Saudi clerics, who rule according to the strict religious tenets, have wide powers in Saudi Arabia under a traditional pact with the royal family. The country drew international criticism after its Supreme Judicial Council ordered a 19-year-old to 200 lashes and six months in jail for having been with a man she was not related to when she was attacked and raped by seven other men in 2006. King Abdullah pardoned the gang-rape victim in December. The U.N. committee urged Riyadh to withdraw its proviso that Islamic law take precedence over the women's rights treaty, particularly as Saudi authorities have given assurances that there is "no contradiction in substance" between the two. The committee's conclusions were issued at the end of a three-week meeting during which it also reviewed other states.

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