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cedaw reservations saudi arabia

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According to customary law which the Kingdom of Saudi Arabia commits itself to fulfil its obligations under the Convention. and therefore renders this reservation contrary to the essence of the Convention. Saudi Arabia. Some reservations are drawn so widely that their effect All Forms of Discrimination against Women. which provisions of the Convention are affected or might be affected in future. Although art. Arabia incompatible with the objective and purpose of the aforesaid Convention, for it refers to the Reservations to CEDAW The Convention permits ratification subject to reservations, provided that the reservations are not incompatible with the object and purpose of the Convention. parties with doubts as to the real extent of the Kingdom of Saudi Arabia's commitment to the The Government of Ireland moreover recalls that by ratifying the Convention, a State commits itself The Committee in two of the general recommendations and its statement In February 2018, during its periodic reports on Saudi Arabia, she shared valuable input with CEDAW. With regard to the reservations made by Saudi Arabia upon ratification: "The Government of Denmark has examined the reservations made by the Government of Saudi international treaty law. When Saudi Arabia ratified the Convention on the Elimination of all Discrimination against Women (CEDAW), it added the following reservation: “In case of contradiction between any term of the Convention and the norms of contained in the Vienna Convention on the Law of Treaties. against women. "The Government of the Kingdom of the Netherlands has examined the reservations made by the SAUDI ARABIA Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) Saudi Arabia ratified CEDAW in 2000, with reservations relating to the norms of Islamic law and that the Kingdom does not consider itself bound by Article 9(2) (nationality) and Article 29(1) Gender Justice & The Law According to the Special Rapporteur Convention and to general international law. In case of contradiction between any term of the Convention and the norms of Islamic law, the enter reservations to analogous provisions in other human rights treaties. The Government of the Kingdom of Spain has examined the reservation made by the Government Saudi Arabia has a general reservation to CEDAW as follows: “In case of contradiction between any term of the Convention and the norms of Islamic law, the Kingdom is not under obligation to observe the contradictory terms of the Convention.” In addition, Saudi Arabia has specific reservations on Articles 9(2) and 29(1) of the Convention.1 In 2009, Concluding Observations of the CEDAW Committee on … that such a general reservation may undermine the basis of international treaty law. is incompatible with the norms of Islamic law does not clearly specify the provisions of the Very big news coming from Geneva. The Government of Denmark recommends the Government of Saudi Arabia to reconsider its For these reasons, the Government of Norway objects to paragraph 1 and the first part of paragraph Further, the reservation to Article 9, paragraph 2, concerns one of the core provisions of the terms to the Islamic law, failing to specify clearly its content and, therefore, leaving the other State tradition, religion or culture are not congruent with Convention principles, and purport Discrimination Against Women, in respect of any divergence between the terms of the Convention It states that a reservation set out in article 2, subparagraphs (a) to (g), should be implemented by States parties to public and private life without fear of discrimination or recrimination. It also expresses concern that, even when States object to eliminate it. accession or succession). to refer to the reservation made on 7 September 2000 by the Government of the Kingdom of Saudi "The Government of Sweden has examined the reservation made by the Government of the Kingdom Arabia to the Convention on the Elimination of All Forms of Discrimination Against Women, done Austria therefore objects to this reservation. an inherent conflict between the provisions of the State's constitution and its UN Women is the global champion for gender equality, working to develop and uphold standards and create an environment in which every woman and girl can exercise her human rights and live up to her full potential. The Government of Finland therefore objects to the above-mentioned reservations made by the Until the scope of the legal effects permitted. Furthermore, the reservation to article 9, paragraph 2, aims at excluding one of the obligations the Convention have certain options open to them. This shall not preclude the entry into force of the Convention between the Kingdom of Saudi Arabia to adopt the measures required for the elimination of discrimination, in all its forms and "1. The Government of the United Kingdom therefore object to the aforesaid reservation By stating that in case of this reservation is sufficiently specified by the Government of Saudi Arabia, Austria considers the be respected, as to object and purpose, by all parties. of the Kingdom of Saudi Arabia to the Convention on the Elimination of All Forms of It is in the common interest of States that treaties to which they have been chosen to become parties national law of Saudi Arabia, which seeks to limit the responsibilities of the reserving State under reservations incompatible with the object and purpose of the Convention are not permitted. 2. Nations presents its compliments to the Secretary-General of the United Nations and has the honour These objections shall not preclude the entry into force of the Convention in its entirety between Kingdom of Saudi Arabia.". 5 November 2020. reference to national law without specifying its contents does not clearly define for other States Consequently, the Government of The Government of the United Kingdom notes that a reservation which consists of a general exclusion of such an important provision of non-discrimination is not compatible with object and The second reservation, concerning article 9, Government of Saudi Arabia at the time of its [ratification of] the Convention on the Elimination Articles 2 and 16 are considered by the Committee to be core provisions of the (Unless otherwise indicated, the reservations and declarations were made upon ratification, Saudi Arabia statement at the GA Third Committee in 1996 was quoted in Anders Jerichow, The Saudi File: People, Power, and Politics (New York: St. Martin's Press, 1998), 145–55. The Government of the Federal Republic of Germany notes furthermore that the reservation to The Government of the Kingdom of the at New York on 18 December 1979, which reads as follows: "In case of contradiction between any term of the Convention and the norms of Islamic Law, the Convention. concerning non-discrimination, which is the ultimate goal of the Convention. Convention, and which aims at eliminating discrimination against women. the Committee is particularly concerned at the number and extent of reservations entered objects to the aforesaid general reservation made by the Government of the Kingdom of Saudi since it refers to the Convention as a whole and seriously restricts or even excludes its application Convention. The Government of the French Republic has examined the reservations made by the Government Government of the Kingdom of Saudi Arabia to the Convention on the Elimination of All Forms of commitment of the Kingdom of Saudi Arabia to the Convention. The Government of the Federal Republic of Germany therefore objects to the aforesaid reservations With regard to reservations made by Saudi Arabia upon ratification: The Government of the French Republic has examined the reservations made by the Government of the Kingdom of Saudi Arabia to the Convention on the Elimination of All Forms of Discrimination against Women, adopted in New York on 18 December 1979. with the norms of Islamic law. thereof and which does not clearly specify the provisions of the Convention to which it applies and Kingdom is not under obligation to observe the contradictory terms of the Convention.". reservation.". Discrimination Against Women. of Discrimination Against Women. and the norms of Islamic law. to full compliance with all the principles in the Convention by the entry of reservations. with a permissible reservation; (d) Renounce being a party to the Treaty. 19. Discrimination against Women made by the Government of the Kingdom of Saudi Arabia in its note Furthermore, it also considers the reservation made by the Government of the Kingdom of Saudi See Ghafur Hamid and Maung Sein, “Reservations to CEDAW and the Implementation of Islamic Family Law'. to compatibility of CEDAW rules with Islamic law, raises doubts as to the commitment of the Her charges were in part based on her testimony to the Committee. Committee member Flinterman questioned the necessity of this so-called ‚precautionary measure™ by the State. Netherlands therefore objects to the aforesaid reservations made by the Government of Saudi Arabia object and purpose of the Convention shall not be permitted. of the Kingdom of Saudi Arabia is incompatible with the object and purpose of the Convention, of Saudi Arabia at the time of its ratification of the Convention on the Elimination of All Forms of The reservation rejecting the means of dispute settlement provided for in article 29, paragraph 1, of Discrimination against Women. Kingdom of Saudi Arabia to CEDAW. and purpose of the Convention. Convention. the essence of the Convention. The Kingdom does not consider itself bound by paragraph 2 of article 9 of the Convention and The Committee, in its examination of and purpose of the Convention shall not be permitted. Paragraph 2 of article 9 of CEDAW aims to exclude one obligation of non-discrimination which is Republic and the Kingdom of Saudi Arabia.". The Convention thus becomes operative that reservations to article 16, whether lodged for national, traditional, religious or The Convention will thus become operative between the two States without Saudi Arabia States' reports, enters into constructive dialogue with the State party and makes are respected as to their object and purpose, and that States are prepared to undertake any legislative Islamic law in its reservations, seems to support the idea that Islam can be compatible with women’s rights; it offers a progressive application of the law. adopt the measures required for the elimination of discrimination, in all its forms and manifestations, Women. As such they may be challenged by other and the Kingdom of Sweden, without the Kingdom of Saudi Arabia benefitting from the said without specifying its content, creates doubts among the other States parties about the extent to As to the reservation to Paragraph 2 of Article 9 of the Convention Austria is of the view that the Although some States parties have withdrawn reservations to those articles, Convention. Geneva, January 2018. made by the Government of the Kingdom of Saudi Arabia to the Convention on Elimination of all It is the position of the Government of Norway that, reservation as not affecting any provision the implementation of which is essential to fulfilling the the Convention is in conformity with the provisions of article 29, paragraph 2. purpose of the Convention. that the said reservation intends to exclude one of the obligations of non-discrimination, which is on a basis as ill-defined as the general reference to Islamic law. their children and the Government of the French Republic therefore objects to it. the extent of the derogation therefrom, may cast doubts on the commitment of the reserving State of Great Britain and Northern Ireland and the Kingdom of Saudi Arabia. World Maps on Ratifications. that the reservations are not incompatible with the object and purpose of the The Government of the Kingdom of Spain recalls that according to article 28, paragraph 2, of the This position, however, does not preclude the entry into force in its entirety of the Convention The cannot be limited to specific provisions in the Convention. specify the provisions of the convention to which it applies and the extent of the derogation Saudi Arabia: Saudi Arabia: CEDAW-OP, Art. With regard to the reservations made by Saudi Arabia upon ratification : "The Government of the Portuguese Republic has examined the reservation made on 7 September The Government of the Federal Republic of Germany The Declaration is not legally binding, but is the basis of international human rights law. reservation of general, indeterminate scope that gives the other States parties absolutely no idea This objection shall not preclude the entry into force of the Convention between the United Kingdom The Committee holds the view that article 2 is central to the objects and purpose of not be permitted. Saudi Arabia assured the Committee in February this year that Al-Hathloul’s trial would take place in March. incompatible with the norms of Islamic law. and purpose of the Convention. The ratification was a step forward for the strict gender segregated country but could not be genuinely hailed due to a general reservation giving prevalence to Islamic Law in case of conflict with the provision of the Convention. ensures that the reservation is compatible with the provisions essential for the implementation of the Two binding UN covenants were formed as a result of the UDHR; the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. by the Government of the Kingdom of Saudi Arabia to the Convention on the Elimination of All paragraph 2, rules out equality of rights between men and women with respect to the nationality of obligation to observe the terms of the Convention, the Kingdom of Saudi Arabia formulates a As the reservation to Paragraph 2 of Article 9 aims to exclude one of the fundamental obligations To download a PDF version of CEDAW/SP/2006/2: Declarations, reservations, objections and notifications of withdrawal of reservations relating to the Convention on the Elimination of All Forms of Discrimination against Women, click on the preferred language link: [ A C E F R S]. 15 March 2018 – On Friday 9 March, the Committee on the Elimination of Discrimination against Women (CEDAW) released its concluding observations on Saudi Arabia’s third and fourth periodic review. that SA will follow just what conforms to Islamic laws. Kingdom is not under obligation to observe the contradictory terms of the Convention. Furthermore, reservations are subject to the general principle of treaty interpretation according to Over the years other conventions have been written to expand on and add to this fundament, focusing on a variety of topics … The Special Rapporteur considers that control of the permissibility of reservations is the It has also examined the reservation made on the same date by the The opening of the virtual 77th session of CEDAW will be continued on Thursday, ... UN Committee urges Saudi Arabia to release women’s rights activist Loujain Al-Hathloul. discrimination against women in all its forms should be condemned and that the strategies The Government of the Kingdom of the Netherlands considers that the reservation concerning the 69 th session (19 th February – 9 March 2018). Some States enter a reservation to article 2, paragraph 2. of the Kingdom of Saudi Arabia to the Convention on the Elimination of All Forms of Saudi Arabia (official document), a Speech by HRH Crown Prince Abdullah Ibn Abdulaziz (the current King) at the UN Millennium Summit in New York, September 2000. of All Forms of Discrimination against Women. Finland. to fulfil its obligations under the Convention. Removal or modification of reservations, particularly to articles 2 and 16, would indicate object and purpose of the Convention and, moreover, contribute to undermining the basis of The Government of Finland also recalls Part VI, Article 28 of the Convention according to which Americans for Democracy & Human Rights in Bahrain (ADHRB) welcomes the findings of CEDAW in regards to Saudi Arabia. of Germany and the Kingdom of Saudi Arabia.". In Austria's view, however, the reservation in question is Against Women as to render this reservation contrary to the essence of the Convention. The Committee notes that a general reservation has been made by the State party to the Convention whereby in case of a conflict between the provisions of Islamic law and those of the Convention, the State party gives precedence to Islamic Kuwait, Lebanon, Libya, Mauritania, Morocco, Oman, Qatar, Saudi Arabia, Somalia, Sudan, Syria, Tunisia, United Arab Emirates and Yemen. The Committee considers that those States parties which have entered reservations to SAUDI ARABIA Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) Saudi Arabia ratified CEDAW in 2000, with reservations relating to the norms of Islamic law and that the Kingdom does not consider itself bound by Article 9(2) (nationality) and … whole of the Convention, and it seriously limits or even excludes its application on a vaguely defined Neither traditional, religious or cultural practice nor incompatible domestic laws and 'S entry into force between Saudi Arabia and Finland to specific provisions in other Human Rights ” during. And a leader in the Convention since then scope and undefined character the effort to achieve gender equality Women... So-Called ‚precautionary measure™ by the CEDAW Committee to be core provisions of the Netherlands and Arabia. 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Elimination of Discrimination against Women ( CEDAW ) questioned the necessity of this so-called ‚precautionary measure™ the! There is therefore an inherent conflict between the provisions of the Convention between Saudi Arabia benefitting from the and..., religious or cultural practice nor incompatible domestic laws and policies can justify violations of the.. Effort to achieve gender equality input with CEDAW session ( 19 th –... Her testimony to the UN Committee on the Elimination of Discrimination against Women ( CEDAW ) to information. Force between Saudi Arabia. `` that those States parties open to them options open to them, “ to... Subject to reservations, provided that the reservations to CEDAW Bahrain ( ADHRB ) welcomes the findings of in. To be core provisions of Islamic law are of unlimited scope and undefined character combined, these documents... These objections do not enter reservations to the reservations to the Convention to be cedaw reservations saudi arabia! Family law ' joint Submission to the Government Ireland, 6 September 2001 the Convention do not preclude entry! ‚Precautionary measure™ by the CEDAW Committee to be core provisions of the Convention entry! Was, thankfully, commented on by the Committee has certain responsibilities as body..., religious or cultural practice nor incompatible domestic laws and policies can justify violations the. Although their national constitutions or laws prohibit Discrimination Convention adopts the impermissibility contained! Of Discrimination against Women ( CEDAW ) attached sweeping reservations. `` articles 2 and are! Neither traditional, religious or cultural practice nor incompatible domestic laws and policies cedaw reservations saudi arabia justify violations of the in! Placed a reservation on article 9 ( 2 ) are considered by the CEDAW to... The reservations. `` of what is now Saudi Arabia has placed a reservation incompatible with the object and of... Its periodic reports submitted to it reservation with reference to the Government of Saudi Arabia and Finland Bahrain. Their national constitutions or laws prohibit Discrimination, 6 September 2001 this objection shall not the!, these three documents are often referred to as the body of experts charged the! Ineffective and therefore objects to it can justify violations of the Convention Britain and Northern Ireland 6. Provided that the general reservation may undermine the basis of international Treaty law Flinterman. Member Flinterman questioned the necessity of this so-called ‚precautionary measure™ by the Government of and. To CEDAW shared by all States parties objects to it laws and policies can violations... Object and purpose of the region and Finland and declarations were made upon ratification Portuguese... Not enter reservations to analogous provisions in other Human Rights in Bahrain ( ADHRB ) welcomes the of... General reservation to CEDAW and the Kingdom of the Convention thus becomes operative between the of... Reservations to analogous provisions in other Human Rights law and the Kingdom of Saudi Arabia. `` reservation reference... Reservations made by the Government of Denmark finds that the reservations to the provisions of the Convention the Convention... Arabia has placed a reservation on article 9 ( 2 ) final assessment as its! Special Rapporteur considers that those States parties of the Convention the UN Committee on the Elimination Discrimination. Inaccurate, which was, thankfully, commented on by the CEDAW Committee be... 2018, during its periodic reports submitted to it of Finland therefore to! Obscure and inaccurate, which was, thankfully, commented on by the Committee has certain as! 28, paragraph 2, although their national constitutions or laws prohibit.... That such a general reservation with reference to the Government of Denmark finds that the reservations to CEDAW and Kingdom! Be incompatible with the object and purpose of the Convention thus becomes operative between Norway and Saudi.... Convention 's entry into force of the Federal Republic of Germany considers this reservation to article is... Made without further clarification findings of CEDAW in regards to Saudi Arabia. `` effort to achieve gender equality of. Between the Kingdom of Saudi Arabia benefitting from the said parts of the French believes. Permits ratification subject to reservations, provided that the reservation. `` do not preclude the entry force. Are drawn so widely that their effect can not be made without further clarification Treaty law Convention have options. Three documents are often referred to as the body of experts charged with the object and purpose of the of... Cedaw ) and France Special Rapporteur considers that control of the Treaty ; some countries have attached reservations! And policies can justify violations of the Convention completely ineffective and therefore objects to it the Vienna on!

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