Law of Protection from Abuse in the Kingdom

The Law of Protection from Abuse in the Kingdom of Saudi Arabia is a government law supervised by the Ministry of Human Resources and Social Development in the Kingdom. Its goal is to ensure protection from all forms of abuse, raise public awareness about abuse, and establish deterrent laws against it. It was issued on September 21, 2013, and intersects with several other laws enacted by the Kingdom.

The Law of Protection from Abuse in the Kingdom was issued in 2013 with around seventeen articles. Several articles were amended, specifically the seventh, twelfth, and thirteenth, in 2022.

The concept of abuse refers to any form of exploitation; physical, psychological, or sexual mistreatment, or the threat thereof committed by an individual against another exceeding the limits of the powers as guardian or responsible figure. Abuse between parties can derive from guardianship, dependency, sponsorship, trusteeship, or livelihood relationships. The term abuse includes the omission or negligence of an individual in the performance of his duties or responsibilities in providing basic needs for a family member or an individual for whom he is legally responsible.

Guardianship represents the authority granted by Islamic law to the guardian, giving them the power to manage and oversee the affairs of the person under their care, concerning their finances, self, and body, without overstepping or infringing on their rights.

The law aims to provide psychological, health, and social care for those subjected to any form of abuse. It also seeks to offer assistance and shelter solutions, and take the necessary measures to hold the perpetrator accountable and impose penalties. Additionally, it aims to raise awareness within society regarding the concept of abuse, its possible consequences, and how to prevent it. The law addresses societal behavioral phenomena that may signal potential abuse, while also creating mechanisms based on scientific studies that can be applied when someone is exposed to any type of abuse.

According to Article Four of the Law of Protection from Abuse in the Kingdom, the Ministry of Human Resources and Social Development and the police receive reports of abuse from individuals directly affected or from any governmental or private entity, including healthcare and specialized institutions. When the police receive a report of an abuse case, they are required to take the necessary measures within their jurisdiction while promptly transferring the case to the ministry. To implement the law, the ministry conducts social and psychological research on abuse cases. It provides shelter for those in need, ensuring their protection and helping reintegrate them into society. The ministry also coordinates with relevant entities to ensure appropriate services are provided and proposes precautionary measures to reduce instances of abuse.

Anyone who encounters a case of abuse is obligated to report it. Article Seven of the Law of Protection from Abuse in the Kingdom stipulates that after the report is ascertained and the reported case is assessed, the Ministry of Human Resources and Social Development takes appropriate measures. These measures include providing necessary health care, conducting medical evaluations if required, and arranging specific steps to stop the abuse or prevent its recurrence. Additionally, specialized advisors and counselors are available to the parties involved if the case can be resolved within the family framework. Psychological treatment or rehabilitation programs are also provided, and in some instances, those connected to the victim may be summoned for their statements.

Victims of abuse are allowed to obtain their identification documents and take their personal belongings. If the ministry determines that the victim's life is under threat, it may take appropriate measures to ensure their safety, including relocating either the perpetrator or the victim if necessary until the danger has passed.

According to Article Fifteen of the Law of Protection from Abuse in the Kingdom, the Ministry of Human Resources and Social Development implements preventive measures for protection from abuse. In collaboration with relevant entities, the ministry works to raise awareness about the concept of abuse and its effects on individuals and society. It also takes necessary actions to prevent abuse and address factors that might create environments conducive to abuse. In addition, it provides statistical information on abuse cases to help develop treatment plans and conduct related scientific studies. The ministry also organizes specialized programs for those dealing with abuse cases and family counseling, while raising awareness among vulnerable groups about their rights.

According to Article Five of the Law of Protection from Abuse in the Kingdom, the entity receiving an abuse case must keep the identity of the reporter confidential. It can only be disclosed with the reporter's consent or as required by the implementing regulations. Any employee who fails to adhere to the reporting rules for abuse cases is subject to disciplinary action. If a report is made in good faith and later found not to be a case of abuse, the reporter is exempt from liability and bears no consequences.

If the Ministry of Human Resources and Social Development determines that an abuse case requires rapid intervention, it can seek assistance from security authorities to intervene at the location of the incident. The ministry ensures that any solutions implemented do not cause greater harm to the victim, such as affecting their living or family situation. Preventive and counseling support is provided to handle the case unless other actions are required. If the ministry deems the abuse case to be a crime, it must refer it to the appropriate law enforcement agency for necessary action.

Amendments to Article Twelve of the Law of Protection from Abuse in the Kingdom state that the Ministry of Human Resources and Social Development should follow up on abuse cases referred to law enforcement if they are deemed to be criminal. Law enforcement must inform the ministry of the actions taken regarding the case. If the victim of abuse is a person with disabilities, the ministry will monitor the case until the judiciary reaches a decision. If needed, the ministry continues to follow up on abuse cases even after resolution for six months or more.

The Kingdom has enacted several laws that intersect with the Law of Protection from Abuse and share the common aim of safeguarding individuals. However, they are specifically designed for particular groups and situations, including:

The Child Protection Law was issued in the Kingdom on November 25, 2014, and contains twenty-five articles. These articles outline the child's right to protection and the prohibitions related to safeguarding them. They also address the child's right to receive care, as well as the reporting process and the consequences of violating the law.

The law emphasizes the principles established by Islamic Sharia, as well as international agreements and laws to which the Kingdom is a party. It aims to protect children from any harm or neglect they may face in their surrounding environment, whether at school, home, neighborhood, foster family, care and education institutions, or any governmental or private entities. It seeks to ensure the rights of children exposed to abuse, providing them with the care they need, while also raising awareness about children's rights to protect them from various forms of abuse.

Trafficking in persons is defined as the use, recruitment, transportation, harboring, or receipt of a person for the purpose of exploitation. The Kingdom enacted an anti-trafficking law on July 14, 2009, consisting of seventeen articles. These articles address the risks of human trafficking or coercion, outline penalties for offenders and cases requiring stricter punishment, and establish penalties for those using physical force. The law also penalizes anyone who participates in the crime, even by concealing the perpetrators. Furthermore, it clarifies exemptions from penalties and stipulates punishment for legal entities involved.

Harassment includes any words, actions, or gestures with a sexual connotation made by one person toward another that violate their dignity, body, or modesty, by any means. The law, which consists of eight articles, was issued on May 31, 2018. It clarifies what constitutes a harassment crime and aims to prevent such incidents, apply penalties to offenders, and protect victims to preserve their privacy and personal freedom, as guaranteed by Islamic Sharia and existing regulations.