Distr.

GENERAL

CRC/C/15/Add.148
22 February 2001

Original: ENGLISH

Concluding observations of the
Committee on the Rights of the Child : Saudi
Arabia. 22/02/2001.

CRC/C/15/Add.148.
(Concluding
Observations/Comments)

Convention Abbreviation: CRC
COMMITTEE ON THE RIGHTS OF THE CHILD
Twenty sixth session

CONSIDERATION OF REPORTS
SUBMITTED BY STATES PARTIES
UNDER ARTICLE
44 OF THE CONVENTION

Concluding observations of
the Committee on the Rights of the Child

Saudi Arabia

1. At its 687th and 688th meetings (see
CRC/C/SR.687 and 688), held on 19 January 2001, the Committee on the Rights of
the Child considered the initial report of Saudi Arabia (CRC/C/61/Add.2), which
was submitted on 15 October 1998, and adopted at the 697th meeting, held on 26 January 2001 the
following concluding observations.

A.
Introduction

2. The Committee notes that the initial State
party report was prepared according to the Committee's guidelines for reporting.
However, it regrets that the report is essentially legalistic and does not
provide a self-critical evaluation of the prevailing situation of the exercise
of children's rights in the country. The Committee notes the timely submission
of the written answers, which it found informative. It further notes with
appreciation the presence of a high-level delegation, which contributed to a
frank dialogue.

B. Positive
aspects

3. The Committee welcomes the ratification by
the State party of the Convention on the Elimination of All Forms of
Discrimination against Women. It further welcomes the information, provided by
the delegation, that the State party is considering ratifying the International
Covenants on Economic, Social and Cultural Rights and on Civil and Political
Rights.

4. The Committee welcomes the establishment of
the Committee on Deliberate Child Abuse.

5. The Committee notes with appreciation the
generous financial aid given to developing countries by the State party.

C. Factors and difficulties
impeding the implementation of the Convention

6. Noting the universal values of equality and
tolerance inherent in Islam, the Committee observes that narrow interpretations
of Islamic texts by State authorities are impeding the enjoyment of many human
rights protected under the Convention.

D. Principal subjects of
concern and recommendations

1. General measures of
implementation

Reservation

7. The Committee is concerned that the broad and
imprecise nature of the State party's general reservation potentially negates
many of the Convention's provisions and raises concern as to its compatibility
with the object and purpose of the Convention, as well as the overall
implementation of the Convention.

8. The Committee recommends that the State party
withdraw its reservation, in accordance with the Declaration and Plan of Action
of the World Conference on Human Rights (1993).

Legislation

9. The Committee is concerned that several
rights contained in the Convention are not reflected in domestic law. In
particular, the Basic Law and other applicable laws do not expressly guarantee
non-discrimination on the basis of all the grounds contained in article 2 of the
Convention. In addition, the Committee notes the incompatibility of certain
areas of domestic law with the Convention (e.g. discrimination against females
and non-Muslims and the use of judicial punishments such as flogging), and that
many laws relevant to children's rights (i.e. personal status laws, the criminal
code, and the criminal and civil procedure codes) remain uncodified.

10. The Committee recommends that the State
party conduct a comprehensive review of the Basic Law and domestic laws,
including administrative regulations and legal procedural rules, to ensure that
they conform to international human rights standards, including the Convention,
that they are sufficiently clear and precise, are published, and are accessible
to the public.

Coordination

11. The Committee is concerned that there is
inadequate administrative coordination and cooperation at the national and local
government levels in the implementation of the Convention.

12. In light of the 1993 Vienna Declaration and
Programme of Action (para. 71), the Committee recommends that the State party
pursue the preparation and development of a comprehensive national plan of
action for the implementation of its international human rights obligations,
including the Convention, through an open and consultative process. Attention
should be given to intersectoral coordination and cooperation at and between
national and local levels of government. The Committee recommends that the State
party provide adequate support to local authorities, including the development
of professional capacity, for implementation of the Convention.

13. The Committee is concerned that insufficient
efforts have been made to involve civil society in the implementation of the
Convention.

14. The Committee recommends that the State
party consider a systematic approach to involving civil society, especially
children's associations and advocacy groups, throughout all stages of the
implementation of the Convention, including policy-making. The Committee
recommends that greater efforts be made to involve relevant State actors in the
dialogue with civil society, such as local government officials and the police,
and further encourages the State party to support initiatives aimed at
strengthening the role of civil society.

Data collection

15. The Committee is concerned that
disaggregated data on persons under 18 years relating to the rights contained in
the Convention are not systematically collected and used effectively to assess
progress and design policies to implement the Convention.

16. The Committee recommends that the State
party establish a mechanism to systematically collect and analyse data on
persons under 18. The Committee encourages the State party to seek technical
assistance from UNICEF, among others, in this regard.

Monitoring structures

17. The Committee emphasizes the importance of
setting up an independent mechanism with a mandate to regularly monitor and
evaluate progress in the implementation of the Convention at the national and
local levels. Moreover, the Committee notes that guarantees of
non-discrimination, religious freedom and due process laid down in domestic law
without independent and effective mechanisms to monitor their application do not
on their own ensure the enjoyment of these and other fundamental rights.

18. The Committee encourages the State party to
consider the establishment of an independent national human rights institution
in accordance with the Paris Principles relating to the status of national
institutions (General Assembly resolution 48/134) to monitor and evaluate
progress in the implementation of the Convention at the national and, if
appropriate, at the local levels. This institution should be empowered to
receive and investigate complaints of violations of child rights in a
child-friendly manner, and address them effectively. The Committee encourages
the State party to seek technical assistance from the Office of the High
Commissioner for Human Rights and UNICEF, among others.

Training/dissemination of the Convention

19. The Committee is concerned at the low level
of awareness of the Convention amongst professionals working with and for
children and the general public, including children themselves. The Committee is
concerned that the State party is not undertaking adequate dissemination and
awareness-raising activities in a systematic and targeted manner.

20. The Committee recommends that the State
party develop an ongoing programme for the dissemination of information
regarding the implementation of the Convention among children and parents, civil
society and all sectors and levels of government. Moreover, the Committee
recommends that the State party strengthen its efforts and develop systematic
and ongoing human rights training programmes, including on the provisions of the
Convention, for all professional groups working with children (e.g. the
Consultative Council, judges, lawyers, law enforcement officials, civil
servants, local government officials, personnel working in institutions and
places of detention for children, teachers, health personnel, including
psychologists, and social workers). The Committee encourages the State party to
seek technical assistance from the Office of the High Commissioner for Human
Rights and UNICEF, among others, in this regard.

2. Definition of the child

21. The Committee is concerned that the
definition of the child is unclear under Saudi law and that the age of majority
is not defined. For example, the absence of a defined minimum age for marriage
may result in the arbitrary and disparate application of laws and discrimination
between girls and boys.

22. The Committee recommends that the State
party review its legislation so that the definition of the child, the age of
majority and other minimum age requirements conform to the principles and
provisions of the Convention and are gender neutral in particular, and ensure
that they are enforced by law.

3. General principles

The right to non-discrimination

23. The Committee is concerned by the
persistence of discrimination in the State party. In particular, the Committee
finds that direct and indirect discrimination against girls and children born
out of wedlock, including in areas relating to civil status (e.g. lack of
identity cards for females) and personal status (e.g. inheritance, custody and
guardianship), is incompatible with article 2. The Committee is concerned that
the nationality law does not grant equal citizenship status to children of Saudi
women married to non-nationals. The Committee expresses its concern at the
persistence of stereotypical attitudes about the roles and responsibilities of
women and men.

24. In accordance with article 2 of the
Convention, the Committee recommends that the State party take effective
measures, including enacting or rescinding civil and criminal legislation where
necessary, to prevent and eliminate discrimination on the grounds of sex and
birth in all fields of civil, economic, political, social and cultural life. In
this regard, the Committee encourages the State party to consider the practice
of other States that have been successful in reconciling fundamental rights with
Islamic texts. The Committee recommends that the State party take all
appropriate measures, such as comprehensive public education campaigns, to
prevent and combat negative societal attitudes in this regard, particularly
within the family, and train members of the legal profession, especially the
judiciary, to be gender-sensitive. Religious leaders should be mobilized to
support such efforts.

Best interests of the child

25. The Committee is concerned that in actions
concerning children, the general principle of the best interests of the child
contained in article 3 of the Convention is not always a primary consideration,
including in matters relating to family law (e.g. custody under the law is
determined by the child's age rather than the child's best interests, and is
discriminatory).

26. The Committee recommends that the State
party review its legislation and administrative measures to ensure that article
3 of the Convention is duly reflected therein and taken into
consideration.

Right to life

27. As the age of majority is not defined, the
Committee is seriously concerned that there is a possibility that the death
penalty may be imposed for offences committed by persons who were below 18 years
at the time the crime was committed, contrary to articles 6 and 37 (a) of the
Convention.

28. The Committee strongly recommends that the
State party take immediate steps to halt and abolish by law the imposition of
the death penalty for crimes committed by persons under 18.

Respect for the views of the child

29. The Committee is concerned that respect for
the views of the child remains limited owing to traditional societal attitudes
towards children in schools, the courts, and especially within the
family.

30. The Committee encourages the State party to
promote and facilitate, within the family, the school, the courts and
administrative bodies, respect for the views of children and their participation
in all matters affecting them, in accordance with article 12 of the Convention.
In this regard, the Committee recommends that the State party develop
skills-training programmes in community settings for teachers, social workers
and local officials to assist children to express their informed views and
opinions, and to have them taken into consideration. The Committee recommends
that the State party seek assistance from UNICEF, among others.

4. Civil rights and
freedoms

Freedom of thought, conscience and
religion

31. The Committee emphasizes that the human
rights of children cannot be realized independently from the human rights of
their parents, or in isolation from society at large. In light of
articles 14 and 30 of the Convention and the 1981 Declaration on the Elimination
of All Forms of Intolerance and of Discrimination Based on Religion or Belief
(General Assembly resolution 36/55), the Committee is concerned at the
restrictions on the freedom of religion, and that restrictions on the freedom to
manifest one's religion do not comply with the requirements outlined in article
14, paragraph 3.

32. The Committee recommends that the State
party take all effective measures, including enacting or rescinding legislation
where necessary, to prevent and eliminate discrimination on the grounds of
religion or belief in the recognition, exercise and enjoyment of human rights
and fundamental freedoms in all fields of civil, economic, political, social and
cultural life. The Committee recommends that the State party make every effort,
including public education campaigns, to combat intolerance on the grounds of
religion or other belief.

Protection from torture and inhuman or degrading
treatment or punishment

33. In light of article 37 (a) of the
Convention, the Committee is seriously concerned that persons under 18 may be
subject while in detention to corporal punishment, such as flogging, under
article 28 of the 1977 Detention and Imprisonment Regulations. It is also
disturbed that persons who committed crimes when they were under 18 may be
sentenced to a variety of methods of cruel, inhuman or degrading treatment or
punishment such as flogging, stoning and amputation, which are systematically
imposed by judicial authorities. The Committee finds that application of such
measures is incompatible with the Convention. Moreover, the Committee is
concerned about reports that members of the Committees for the Propagation of
Virtue and the Prevention of Vice routinely harass and assault persons under 18
for, inter alia, dress code infractions.

34. The Committee recommends that the State
party take all necessary steps to end the imposition of corporal punishment,
including flogging and other forms of cruel, inhuman or degrading treatment and
punishment, on persons who may have committed crimes when they were under 18. It
also recommends that the State party take all appropriate measures to ensure
that law enforcement officials respect and protect human dignity and maintain
and uphold the human rights of all persons in the course of their duties.

5. Family environment and
alternative care

Violence/abuse/neglect/maltreatment

35. In light of articles 19 and 39 of the
Convention, the Committee is concerned at the incidence of ill-treatment of
children in schools and within the family.
It is further concerned that domestic
violence is a problem in Saudi Arabia and that this has harmful consequences on
children.

36. The Committee recommends that the State
party take legislative measures to prohibit all forms of physical and mental
violence, including corporal punishment and sexual abuse, against children in
the family, the schools and care institutions. The Committee recommends that
these measures be accompanied by public education campaigns about the negative
consequences of ill-treatment of children and the promotion of positive,
non-violent forms of discipline as an alternative to corporal punishment.
Programmes for the rehabilitation and reintegration of abused children need to
be strengthened. Moreover, adequate procedures and mechanisms need to be
established to receive complaints; monitor, investigate and prosecute instances
of ill-treatment; and ensure that the abused child is not victimized in legal
proceedings. The Committee recommends the training of teachers, law enforcement
officials, care workers, judges and health professionals in the identification,
reporting and management of cases of ill-treatment. In addition, the State party
should recruit, train and employ women police officers. Attention should be
given to addressing and overcoming socio-cultural barriers that inhibit victims
from seeking assistance. The Committee recommends that the State party establish
hotlines and shelters, staffed by women, for the protection of women and
children at risk of or fleeing abuse. The Committee recommends that the State
party seek assistance from UNICEF and WHO, among others.

6. Basic health and welfare

Right to health and health care

37. Taking note of the significant achievements
in the development of primary health care and specialized health services, the
Committee is concerned at the insufficient information available in relation to
adolescent health, such as information on access to reproductive health services
and mental health counselling services.

38. The Committee recommends that the State
party undertake a comprehensive study to understand the nature and extent of
adolescent health problems and, with the full participation of adolescents, use
this as a basis to formulate adolescent health policies and programmes. In light
of article 24, the Committee recommends that adolescents have access to and be
provided with reproductive health education and child-friendly counselling and
rehabilitation services. The Committee recommends that the State party seek
assistance from UNICEF and WHO, among others.

7. Education, leisure and
cultural activities

Education

39. Noting significant efforts by the State
party to improve education coverage, the Committee remains concerned that the
system of education continues to emphasize rote learning rather than the
development of analytical skills. It is also concerned that the aims of
education presented in the report do not adequately reflect the aims outlined
under article 29 of the Convention. In particular:

(a) It is seriously concerned that the State
party's policy on education for girls (e.g. articles 9 and 153 of the 1969
Policy of Education) discriminates against girls and is incompatible with
article 29 (a) of the Convention; and

(b) That the development of and respect for
human rights, tolerance and equality of the sexes and of religious and ethnic
minorities are not explicitly included in the curricula.

40. The Committee recommends that the State
party undertake a process of curriculum and teaching methodology reform with the
full participation of children, which stresses the importance of developing
critical thinking and problem-solving skills. In light of article 2 of the
Convention, the Committee recommends that the State party take due regard of
article 29 and direct education to the development of the child's personality,
talents and mental and physical abilities to the fullest and consider
introducing human rights, including the Convention on the Rights of the Child,
into the school curricula, including at the primary school level, in order to
address discrimination against girls in particular. The Committee encourages the
State party to seek assistance from UNICEF and UNESCO, among others.

8. Special measures of
protection

Administration of juvenile justice

41. The Committee is concerned that as the age
of majority is not defined, and in the absence of a published criminal code and
code of criminal procedure, persons under 18 may be prosecuted for crimes in the
same manner as adults (i.e. without special procedures) and be subject to the
same penalties as adults. The Committee is also concerned that the lack of an
independent and effective child-friendly monitoring and complaints mechanism and
adequate access to legal counsel may put a child at risk of arbitrary arrest and
detention under the 1977 Detention and Imprisonment Regulations and the 1983
Principles of Arrest, Temporary Confinement and Preventative Detention
Regulations. The Committee is concerned that females under 18 are detained with
adult females under the 1975 Statutes of the Welfare Institutions for Young
Women.

42. The Committee recommends that the State
party establish a system of juvenile justice, fully integrating into its
legislation and practice the provisions of the Convention, in particular
articles 37, 40 and 39, as well as other relevant international standards in
this area, such as the Beijing Rules, the Riyadh Guidelines, the United Nations
Rules for the Protection of Juveniles Deprived of their Liberty and the Vienna
Guidelines for Action on Children in the Criminal Justice System. It recommends
that the State party expedite the promulgation of a criminal code and a code of
criminal procedure. Particular attention should be paid to ensure that:
deprivation of liberty is only used as a measure of last resort; children have
access to legal aid and independent and effective complaints mechanisms; and
persons under 18 are not detained with adults. The Committee recommends that the
State party seek assistance from, among others, the Office of the High
Commissioner for Human Rights, the Centre for International Crime Prevention,
the International Network on Juvenile Justice and UNICEF, through the
Coordination Panel on Technical Advice and Assistance on Juvenile
Justice.

9. Optional
Protocols

43. The Committee encourages the State party to
ratify and implement the Optional Protocols to the Convention on the Rights of
the Child on the sale of children, child prostitution and child pornography, and
on the involvement of children in armed conflict.

10. Dissemination of
reports

44.
Finally, the Committee recommends that in
accordance with article 44, paragraph 6, of the Convention, the initial report
presented by the State party be made widely available to the public at large and
that consideration be given to the publication of the report along with the
written answers to the list of issues raised by the Committee, the relevant
summary records of the discussion, and the concluding observations adopted by
the Committee following its consideration of the report. Such a document should
be widely distributed in order to generate debate and awareness of the
Convention and its implementation and monitoring within the Government, the
Parliament and the general public, including concerned non-governmental
organizations.

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Office of the United
Nations High Commissioner for Human Rights
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