Saudi Women's Rights: Investors' Dilemma

Saudi Arabia's treatment of women has been a topic of concern and controversy internationally. Women in the country experience widespread discrimination in politics, the economy, and society. The World Economic Forum's Global Gender Gap Report 2022 ranked Saudi Arabia as 127 out of 146 countries for gender parity. While the country has made some reforms to improve women's rights, it still has a long way to go.

One of the most significant impediments to women's rights in Saudi Arabia is the male guardianship system, which gives a woman's male guardian (usually her father, husband, brother, or even son) control over many critical aspects of her life, including marriage, divorce, travel, education, employment, and healthcare. This system, combined with strict gender segregation and limited rights in divorce, custody, and inheritance, has led to women being perceived as second-class citizens and has kept Saudi Arabia from achieving gender equality.

The country's treatment of women has also been criticised for its negative impact on the economy. The segregation of the sexes and unequal access to opportunities have resulted in underutilization of women's skills, especially since females make up 70% of students at Saudi universities. While recent reforms, such as lifting the ban on women driving and allowing women to travel without a male guardian's permission, are a step in the right direction, there is still much progress to be made for Saudi Arabia to achieve modernity and gender equality.

Women's freedom is restricted by the prosecution of those who dabble in politics

Women's freedom in Saudi Arabia is restricted by the prosecution of those who dabble in politics. The country's de facto ruler, Crown Prince Mohammed bin Salman, has been accused of jailing dissidents and human rights activists, including women's rights advocates who have campaigned for an end to the male guardianship system.

In 2018, just weeks before the ban on women driving was lifted, authorities began arresting prominent women's rights activists, accusing them of grave crimes like treason. By November of that year, at least ten women remained detained without charge, facing potential prison sentences of up to 20 years. Human rights organisations reported that Saudi interrogators tortured at least four of these women, subjecting them to electric shocks, whipping, and sexual harassment and assault.

One such activist, Loujain Al Hathloul, was arrested in 2014 after crossing the UAE-Saudi border in her car. Although she had a valid UAE license, she was detained for over a year before her legal process began. She was reportedly tortured by prison authorities while in solitary confinement and, as of May 2020, had been detained for two years. Her trial was delayed indefinitely due to the COVID-19 pandemic, and her family was barred from seeing her.

Another example is Salma al-Shehab, a PhD student and mother of two, who was sentenced to 34 years in prison for using her Twitter account to support dissidents. Her case demonstrates the restrictions on women's freedom in Saudi Arabia, as she was prosecuted for merely "dabbling in politics".

The male guardianship system in Saudi Arabia is a significant impediment to women's rights, leaving them vulnerable to abuse and controlling their movements, career choices, and access to healthcare. Women require permission from a male guardian to marry, travel, or leave prison or a domestic abuse shelter. They also need consent to undergo certain medical procedures, and guardians can prevent women from leaving the family home.

While some legal reforms have been implemented since 2017, women in Saudi Arabia continue to experience widespread discrimination in politics, the economy, and society.

Women need permission from a male guardian to travel, get an education, open a bank account, etc

Women in Saudi Arabia have long been subject to a male guardianship system that severely limits their freedom and human rights. While there have been some recent reforms, women still require permission from a male guardian to travel, get an education, open a bank account, and more. This system essentially treats women as legal minors, and it has been strongly criticised by human rights organisations and activists.

Under the male guardianship system, a woman's life is controlled by a male guardian, usually a father or husband, from birth until death. The guardian has the power to make critical decisions on her behalf and can limit her movements, including preventing her from leaving her home. To travel abroad, a woman must obtain her guardian's approval, and if she is abroad, she may need his permission to return. In practice, this makes it very difficult for Saudi women to flee the country, and many resort to hacking their guardian's phone to change travel permission settings or run away from family members while outside the country.

The requirement for male consent also extends to applying for passports, registering marriages, divorces, or births, and opening bank accounts. Women need permission to enrol in education, and while recent reforms have removed some restrictions on women studying at university, women still cannot study abroad on a government scholarship without guardian approval. They are also required to have a male relative accompany them throughout their studies abroad, although this rule is not always enforced.

The male guardianship system has a significant impact on women's financial independence and their ability to work. While the Saudi government does not enforce formal guardianship restrictions on women wishing to work, private and public employers can require consent for women to be employed, and certain professions, like judges and drivers, remain off-limits to women. Women also face restrictions when trying to access financial services, such as opening a bank account, and when trying to open or run a business.

The requirement for male consent also applies to women's healthcare, with some hospitals requiring guardian permission for a woman to be admitted or undergo surgery. This has exposed women to prolonged pain and, in extreme cases, life-threatening danger.

Overall, the male guardianship system in Saudi Arabia severely limits women's freedom and human rights, and while there have been some recent reforms, women still need permission from a male guardian to travel, get an education, open a bank account, and more.

Women are obliged to wear hijabs and dress modestly when in the company of non-immediate male family members

In Saudi Arabia, women are obliged to wear hijabs and dress modestly when in the company of non-immediate male family members. This requirement is part of the country's interpretation of Islamic law and local traditions, which influence women's societal roles. While there have been some legal reforms since 2017, women in Saudi Arabia still face widespread discrimination and repression from the government.

Hijab and Dress Code Requirements

In Saudi Arabia, the hijab is a traditional Islamic norm where women are expected to "draw their outer garments around them" and dress modestly when in the presence of non-mahram men (unrelated males). While the specific requirements vary across different Muslim-majority countries, in Saudi Arabia, women typically wear the abaya, a full-body black cloak, along with a headscarf or niqab, a face veil that leaves a gap for the eyes.

Enforcement of Dress Code

Historically, the enforcement of the dress code in Saudi Arabia was handled by the Committee for the Promotion of Virtue and the Prevention of Vice, commonly known as the "religious police." This committee had the authority to detain citizens or foreigners for behaviour deemed immoral, including violations of the dress code. However, in recent years, the power of this committee has been reduced, and they are no longer allowed to pursue, question, arrest, or detain individuals.

Recent Reforms

In 2019, there were significant reforms regarding the dress code in Saudi Arabia. It was announced that women were no longer required to cover their hair or wear the abaya, as long as their clothing was deemed "decent and respectful." This change in law gave women more freedom to choose their attire and allowed foreign women visiting or living in the country to follow their own cultural norms.

While the requirement to wear hijabs and dress modestly when in the presence of non-immediate male family members is still a cultural expectation, the enforcement of this norm has relaxed in recent years. Women in Saudi Arabia now have more flexibility in how they choose to dress, especially in more progressive cities like Jeddah, Dammam, and Khobar.

Women are prevented from working in certain professions, such as judges and drivers

Women in Saudi Arabia have faced widespread discrimination in politics, the economy, and society. While there have been some legal rights reforms since 2017, women still face many restrictions in their daily lives. One of the most notable restrictions was the ban on women driving, which was lifted in 2018. However, women are still prevented from working in certain professions, such as judges and drivers.

Judges

The legal system in Saudi Arabia does not explicitly prohibit women from becoming judges. The Basic Law of Governance, which serves as the country's constitution, emphasizes equality and prohibits discrimination based on gender. However, in practice, women are rarely appointed as judges due to religious and cultural constraints.

According to Islamic law, or Sharia, women are not allowed to hold positions of authority over men. This interpretation of Sharia is used to justify the exclusion of women from the judiciary. Some Islamic scholars and religious authorities argue that allowing women to work as judges would violate traditional values and lead to a breakdown of gender segregation. They claim that women lack the intellectual and emotional capabilities required for the role and that their presence in court would contradict Islamic values of modesty and protection of women.

On the other hand, other Islamic jurists argue that there is no explicit text in the Quran or Sunnah that prohibits women from working as judges. They believe that women should be allowed to hold judicial positions if they are qualified and meet the legal requirements. However, the majority of male judges and religious authorities in Saudi Arabia adhere to the conservative interpretation of Sharia, creating a barrier for women seeking to enter the judiciary.

Drivers

Until 2018, Saudi Arabia was the only country in the world that prohibited women from driving. This ban was based on the notion that women are inferior to men and that allowing them to drive would lead to a breakdown of traditional values and gender segregation. The ban not only restricted women's mobility but also limited their access to education and employment opportunities.

The campaign to lift the ban on women drivers gained international attention, with activists like Wajeha al-Huwaider and Manal al-Sharif leading the movement. Despite facing arrests and harsh punishments, these women persisted, and in 2018, King Salman issued a decree allowing women to drive. This decree was a significant step towards gender equality in Saudi Arabia, but there is still a long way to go to achieve full equality for women in the country.

Women have restricted access to healthcare

Women in Saudi Arabia face restrictions on their access to healthcare services, which is a violation of their basic human rights. This situation is primarily due to religious factors, despite being contrary to Islamic rules and regulations, which uphold women's health rights. The following sections will discuss the challenges faced by women in Saudi Arabia regarding their right to health and the impact of these restrictions on their lives.

The Impact of Male Guardianship

The male guardianship system in Saudi Arabia gives a man control over a woman's life from birth until death. This system treats women as permanent legal minors, and Saudi Arabia has made little effort to end this practice, which is the most significant barrier to women's rights in the country. The requirement for guardian consent limits women's ability to make critical decisions about their health and well-being.

Healthcare Discrimination

Despite a 2014 medical code of ethics stating that a woman's consent should be sufficient to receive healthcare, in reality, the requirement for guardian permission varies depending on the hospital's internal regulations. Human Rights Watch has documented cases where women have faced prolonged pain or life-threatening danger due to delays in obtaining guardian approval for medical procedures.

Lack of Clarity in Laws and Regulations

Unawareness of health rules, unclear regulations, and lack of enforcement by the Ministry of Health contribute to the challenges women face in accessing healthcare. For example, there is a Ministry of Health law that prevents a woman from being admitted to a government hospital without a male guardian's accompaniment. Additionally, in rural areas, a male relative may prevent a woman from being treated by a male gynaecologist or obstetrician, even in emergencies. Adult women are also unable to provide consent for invasive medical procedures that may be urgently required.

Restricted Freedom and Mobility

The restrictions on women's freedom of movement and travel in Saudi Arabia impact their ability to access healthcare services. Women often require permission from their male guardian to leave their homes or the country. This makes it difficult for them to flee abusive situations or access healthcare services outside of their local area.

The restrictions on women's access to healthcare in Saudi Arabia have far-reaching consequences for their health, well-being, and ability to make decisions about their lives. These issues highlight the need for reforms to uphold women's basic human rights and ensure they have equal access to essential services.

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