The Saudi Human Rights Commission (HRC) has identified several loopholes in the justice system when it comes to the implementation of women's rights, including the absence of an effective civil code, in a recent report.
The report said that in addition to there being no uniformity in rulings by various judges dealing with women’s issues on account of the absence of a civil code, it also led to delays in delivering judgments in family cases like alimony, custody of children and visitation rights, which require quick decisions. The HRC report also pointed out that women were facing difficulties in securing their rights in family cases. In fact, in some cases, they are deprived of their rights mainly because of the other party failing to show up at court hearings and attempts to stall them.
“This is because of the lack of executive judges who can pursue the implementation of verdicts and prevent attempts to stall the issuance or obstruct the execution of verdicts,” the HRC said.
The report said women should be given the right to information at government departments and facilities, including providing a female employee to deal with them.
Rules and procedures should also be put in place for automatic documentation and issuance of civil records like marriage, divorce, birth and death, which would enable both husband and wife to obtain official copies when required. This requires the electronic linking of the Civil Status Department and the Ministries of Health and Justice and departments under their jurisdiction, the report said.
The commission stressed on the need for women to have the right to movement and transportation required to make a living and also called an urgent legislation to protect women against abuse, including provisions to deal with domestic violence, cases of women being prevented from getting married and sexual harassment cases, with specific penalties set for all these crimes.
It also called for “regulations to protect the rights of under-aged children from persons who have their legal custody.” These regulations should also define a legal age for marriage.
The commission said some women’s male guardians, whether the husband, brother or father, treat them unfairly, stripping them of their freedom, self-determination and control over their money.
“The worst case of injustice occurs when a divorced woman with children is left high and dry, without any alimony and not even a place to live in.” Other issues include the male guardian preventing a working woman from marrying mainly for monetary gain and forcing minor girls into marriage, the report said.
HRC seeks faster resolution of cases related to family issues
