Human Rights in Saudi Arabia

Human Rights in the Kingdom of Saudi Arabia are all the rights guaranteed by the Saudi government to individuals, whether citizens or residents, since the era of King Abdulaziz Bin Abdulrahman Al Saud. The Basic Law of Governance, issued in 1992, emphasized the protection and promotion of human rights, and its Twenty-Sixth Article stipulates that the Kingdom protects human rights in accordance with Islamic Sharia.

Since its founding, the Kingdom has provided its citizens with rights related to life, freedom, education, health, work, family protection, women's empowerment, and enhanced participation in political and public life. These rights are supported by institutions and entities dedicated to protecting human rights, such as the Human Rights Commission. Moreover, the Kingdom's role extends beyond protecting individuals within its borders; it has also joined regional and international agreements to contribute to global human rights protection.

The Saudi government has focused on protecting children's rights since its founding. A child is defined as anyone under the age of eighteen, with special consideration given to their nature. The Basic Law of Governance reinforces these rights. Article Ten of the law states that the state aspires to promote family bonds. It takes care of all individuals and provides the right conditions for the growth of their talents and skills.

Children's rights include the right to life, the right to identity, the right to food, education, freedom, and protection from abuse and neglect. The government also provides free healthcare, including vaccinations, and free education at all levels, with curricula designed to promote cultural and social development, equipping children with essential skills.

The government is committed to protecting children through several laws, such as the Child Protection Law, the Juveniles Law, the Law of Protection from Abuse, the Anti-Harassment Law, and the Anti-Trafficking in Persons Law.

Women in the Kingdom have benefited from a range of reforms aimed at enhancing human rights. The government has implemented several measures and laws to protect women's rights, including the Law of Protection from Abuse, the approval of the Alimony Fund Regulation, and the Anti-Harassment Law. Additionally, rules have been introduced to expedite and organize cases of guardianship refusal and to prohibit marriages for those under eighteen years of age. The Qurrah program provides childcare services for working women, and the Wusool program supports their transportation needs. Furthermore, the Family Affairs Council, which includes a committee dedicated to women's issues, has been established.

The Kingdom is recognized as one of the most progressive countries in terms of empowering women and protecting their rights. The World Bank’s 2020 report titled 'Women, Business, and the Law' ranked the Kingdom as the most progressive and reformist globally in this area, leading the Gulf states and ranking second in the Arab world. Women in the Kingdom have also benefited from twenty-two reform decisions out of sixty related to human rights.

The Saudi government is concerned with the youth and is working to empower them and provide more opportunities in social, economic, and political fields. It also fosters a supportive and stimulating environment for active participation in matters related to their affairs, ensuring that their rights are upheld according to Saudi laws and removing barriers that limit their potential.

Saudi Vision 2030 has been a motivating and supportive initiative for the youth, as it launched many projects and programs within the National Transformation Initiative, to support their social participation and involvement in the labor market. These initiatives include youth employment support programs by the Ministry of Human Resources and Social Development, such as the Freelance Initiative, which regulates and promotes freelance work by enabling the quick issuance of a freelance work document, and the Flexible Work Regulation, allowing contractual flexibility with hourly wage agreements without other benefits like paid leave and end-of-service bonuses. The 'Telework' program also provides job opportunities by connecting employers with job seekers.

The Mohammed Bin Salman Foundation, ‘Misk,’ is one of the institutions supporting youth. It is a non-profit organization established in 2011, with the aim of encouraging young people to learn and develop their leadership skills. The foundation provides various resources to support them, create a conducive environment, and enhance their role in society. The foundation provides support in the fields of education and entrepreneurship, with technology as a supporting domain. It designs programs tailored to youth, builds partnerships with local and international organizations, and works on launching a series of incubators that invest in intellectual capital.

The Saudi government has specifically dedicated its laws to the care of the elderly. Article Twenty-Seven of the Basic Law of Governance stipulates that the state guarantees the rights of citizens and their families in cases of emergency, illness, disability, and old age. The State also supports the Social Insurance Law. Article Thirty-One states that the state is responsible for ensuring public health for every citizen.

In 2022, the government issued a specific law titled 'Elderly Rights and Care Law,' which establishes a legal framework to grant their rights and ensure their care and attention. Saudi laws have also been enacted to prevent all forms of abuse and emphasize the protection of the elderly, requiring those responsible for their care to fulfill their obligations. Additionally, the Saudi government has implemented preventive measures to prevent harm in all its forms, considering abuse and contributing to it as crimes punishable by law, and affirmed the right of the harmed individual to seek recourse from the competent authorities.

Some of the rights guaranteed to the elderly include access to healthcare, food, drinking water, suitable working conditions, information about their health, and services tailored to their needs. These rights also include protection from social, health, or psychological harm, access to social security, and state-provided assistance for those unable to work or with limited income.

The Saudi government protects the rights of persons with disabilities and addresses their needs offering them preventive care and all necessary means for rehabilitation. It has implemented medical, psychological, social, educational, regulatory, and media-based preventive measures to prevent disabilities or mitigate their effects and detect them early.

The government guarantees appropriate care based on the condition and its severity, providing services across various fields to help individuals with disabilities maximize their potential. This support enables them to adapt to their environment and circumstances, fostering their independence and active participation in society.

On April 6, 2000, the government enacted a special law for the care of people with disabilities, aligned with international standards. This law defines this group, guarantees their rights, and provides therapeutic solutions and preventive guidance. Subsequently, on August 27, 2023, a new Law on the Rights of Persons with Disabilities was introduced to replace the previous law. This new law was designed to address various life requirements and serve as a foundation for ensuring that people with disabilities can access their rights across different sectors.

Additionally, in 2018, the Kingdom established the Authority for the Care of People with Disabilities to safeguard their rights.

The Kingdom has established both governmental and non-governmental institutions dedicated to the protection of human rights, including:

The Human Rights Commission was established by a resolution of the Council of Ministers on September 12, 2005. It is an entity specialized in offering opinions on all matters related to human rights and raising awareness to protect them. The commission reports directly to the king and operates according to international human rights standards in all areas. It has eleven branches distributed across various regions of the Kingdom.

The commission provides several remote services, such as filing complaints and requests for consultations on issues like equality, non-discrimination, privacy, information security, protection from violence and abuse, and the right to request awareness lectures and participate in organizing conferences and training courses related to human rights.

The commission also enables the request for human rights awareness lectures and participates in organizing conferences, seminars, and training courses related to human rights. It provides its awareness publications, magazines, and brochures, in addition to offering the necessary information for preparing reports related to human rights agreements.

King Abdulaziz Center for Cultural Communication (formerly known as King Abdulaziz Center for National Dialogue) was established on June 24, 2003. The center aims to address national issues, especially human rights issues, by opening the door for objective dialogue with the participation of community members. It promotes values such as accepting others, diversity, tolerance, and peace, while rejecting violence, hatred, and racism. The center also works to create an environment that supports freedom of opinion and expression.

It has held numerous national meetings across the Kingdom, covering topics such as human rights in the Kingdom, human rights in education, women's rights and duties, and employment fields.

The Oversight and Anti-Corruption Authority, formerly 'the National Anti-Corruption Commission,' was established on May 2, 2011. Its headquarters is in the capital, Riyadh, and it reports directly to the King.

The authority aims to protect integrity and combat financial and administrative corruption in all its forms and manifestations, which contributes to safeguarding human rights. Its jurisdiction includes monitoring the activities of government entities and companies in which the state owns 25 percent or more, overseeing the implementation of instructions and orders related to public affairs and the interests of citizens to ensure compliance, as well as investigating corruption and taking legal actions.

The authority supports related research and studies, developing measures to address issues that impact social cohesion and economic development. It also raises awareness about corruption, highlighting its risks, promoting self-regulation, and representing the Kingdom in international and regional conferences on integrity protection and anti-corruption efforts, collaborating with relevant global organizations.

The Family Affairs Council supports the protection of human rights in the Kingdom, aiming to enhance the role and status of the family in society, maintain its cohesion, and protect it from potential threats and risks.

The council operates under the Ministry of Human Resources and Social Development and is a national institution established by a decision from the Council of Ministers on July 25, 2016, headquartered in Riyadh City.

The council is composed of several committees, including the Childhood Committee, the Women's Committee, and the Elderly Committee. It serves as the official body representing women, children, the elderly, and families in international organizations and forums. Among its duties are establishing a database to serve Saudi families, unifying the efforts of government sectors regarding family issues, proposing regulations, and following up on recommendations and agreements the Kingdom has ratified in international organizations. It also conducts studies to improve the level of services provided to families, contributes to improving their social and economic conditions, and works in collaboration with partners, ministries, and relevant authorities.

The Saudi government has enacted several laws that contribute to the protection of human rights, including:

The Basic Law of Governance in the Kingdom, issued on March 1, 1992, guarantees human rights. Article Eight states that governance in the Kingdom is based on justice, equality, and shura (consultation). Article Twenty-Six ensures that the state protects human rights. Article Thirty-Six provides security to all citizens and residents, and no one may be confined, arrested, or imprisoned without reference to the law.

Article Thirty-Nine prohibits anything that harms human dignity from being published in the media or other means of expression. Article Thirty-Seven ensures the sanctity of homes, prohibiting entry or search without the owner’s permission, except as specified by law. Article Thirty-Eight states that penalties are personal, and no crime or punishment exists without a legal or statutory provision.

The Family Law, issued on March 18, 2022, with 252 articles, is among the laws contributing to the protection of human rights. It includes provisions related to marriage, engagement, the pillars and conditions of the marriage contract, the rights of spouses, the obligations arising from the marriage contract such as maintenance and lineage, and matters concerning the dissolution of marriage, whether through divorce, Khula (a form of divorce initiated by the wife), annulment of the marriage contract, the death of one of the spouses, or mutual cursing (Li'an) between the spouses.

The law also includes provisions related to custody, guardianship, and legal authority, as well as matters concerning absent and missing persons. It addresses the pillars and conditions of wills, the cases in which a will is mandatory according to the beneficiary, and the inheritance of the will. Additionally, it covers issues related to inheritance, the estate, the inheritance of relatives, the inheritance of the missing and unborn, and those with disputed lineage, along with provisions regarding the distribution of the estate in cases of withdrawal from inheritance.

The Civil Status Law consists of ninety-six articles and is one of the laws that ensure the protection of human rights in the Kingdom. It was issued on December 21, 1986, to regulate the civil status of citizens and record all related civil events, as well as to document civil events concerning non-citizens within the Kingdom.

The law outlines provisions related to the civil registry, registration requirements, and their locations. It also includes rules regarding births, marriages, divorces, deaths, family registers, personal identification cards, and any incidents or emergencies requiring adjustments in the records. Additionally, it specifies the penalties and sanctions for violating the law.

The Law of Protection from Abuse is one of the key frameworks safeguarding human rights in the Kingdom. Enacted on September 21, 2013, this law aims to provide protection against various forms of abuse, ensuring that legal actions are taken against offenders and raising awareness about the concept and dangers of abuse. It addresses early warning signs of potential abuse and establishes mechanisms for managing such cases.

The law consists of seventeen articles, which outline the mandatory reporting of abuse cases, the entities responsible for receiving these reports, protection for whistleblowers, and the role of the Ministry of Human Resources and Social Development in handling reports. Additionally, it covers cases where abuse escalates to criminal offenses and prescribes penalties for offenders.

The Anti-Harassment Law, enacted on May 31, 2018, consists of eight articles and is one of the laws aimed at protecting human rights in the Kingdom. The law defines what constitutes harassment and aims to combat it while preventing future incidents, with penalties enforced on offenders.

The law requires anyone who witnesses an act of harassment to report it and obligates individuals with access to such information, by virtue of their work, to maintain confidentiality and not disclose the identity of the offender unless necessary for investigation or trial. Furthermore, the law mandates that relevant entities establish preventive measures against harassment in the workplace, outlines the penalties for offenders, and details the circumstances under which offenders can be prosecuted.

The government of the Kingdom ensures the protection of human rights through several laws, including the Child Protection Law, issued on November 25, 2014. It consists of twenty-five articles and five chapters, aimed at safeguarding children from all forms of neglect and abuse they might encounter in their surroundings, whether at home, in care and educational institutions, in public places, or with foster families, as well as in private and government institutions, regardless of the relationship with the abuser.

The law also aims to provide the necessary care for children subjected to abuse and neglect, in addition to raising societal awareness about child rights. It outlines the conditions considered neglect or abuse and situations that could expose children to danger. Furthermore, the law details the child’s right to protection and the prohibitions related to their safety, as well as their right to care and responsibility, along with the measures taken in cases of violations of the law.

The Saudi government ensures the protection of juveniles (defined as any male or female who has reached the age of seven and has not yet reached the age of eighteen) under the Juveniles Law issued on August 1, 2018, comprising twenty-four articles. The law outlines the method of calculating age, the non-accountability of those under seven years old, and the requirement to designate an appropriate place for taking juvenile reports and hearing witness testimony. The regulations also specify necessary procedures to prevent the juvenile from returning to the law unless absolutely necessary.

The law mandates that a guardian must be notified immediately upon the arrest of a juvenile caught in the act. In cases where a juvenile is not caught in the act, they may only be arrested in the presence of their guardian, a representative, or a designated official, preventing any situation where they are left alone. The juvenile and their guardian are to be informed of the charges against them. The law further states that no formal notification regarding the juvenile is valid unless the guardian or his delegate is informed, and the juvenile is not to be detained for investigation unless the Public Prosecution sees fit. In any case, a juvenile can only be held in a juvenile care home (a facility under the Ministry of Human Resources and Social Development, with separate areas for housing and detaining juveniles). If no such facility is available locally, the juvenile is transferred to the nearest facility under conditions stipulated by the law.

Juvenile detention cannot exceed five days unless necessary and must follow procedures outlined in the law. Additionally, the Public Prosecution may not question a juvenile alone. If questioning must take place outside the care home, it must be done in an appropriate setting that suits the juvenile’s age. Furthermore, any rulings issued against a juvenile are not recorded as a criminal precedent but are kept in a separate record within the care home.

The Elderly Rights and Care Law represents one of the ways in which the Kingdom protects human rights in general and the elderly population (aged sixty years and above) in particular. Issued on January 6, 2022, the law consists of twenty-three articles that cover the legal and religious rights of the elderly. It guarantees the right of the elderly to live with their families and receive care and shelter.

The articles of the law clarify the conditions under which an elderly person is considered to be in need and establish the order of family members responsible for the elderly person's care. In cases where no agreement is reached, the relevant court may appoint a guardian. Additionally, the law grants the elderly priority access to governmental services, particularly social and healthcare services. It also outlines prohibitions for caregivers, specifying the penalties for anyone found violating these obligations.

The Social Security Law was issued on November 19, 2020, as a means for the Kingdom to ensure the protection of human rights. It aims to address poverty, provide protection for beneficiaries, and guarantee a minimum income to meet basic needs. The law enables individuals to achieve financial independence and productivity, while also outlining mechanisms for assistance in the case of disasters or crises.

The law consists of twenty-six articles that clarify the requirements for applying to the relevant entity and determining eligibility, as well as the mechanisms for calculating the pension for beneficiaries, exceptions, and cases where pension payments may be stopped. It also includes the classification of beneficiaries by the Ministry of Human Resources and Social Development upon acceptance, and outlines the penalties for those who receive social security assistance but fail to provide for their dependents, or for those who receive assistance without being eligible. Additionally, it addresses the consequences when a crime is committed in relation to either of the aforementioned cases.

The Labor Law, issued on September 27, 2005, contributes to protecting human rights. The law consists of 245 articles that outline the rights and obligations of both employers and employees. It includes definitions of labor-related terms, general provisions, employment processes, temporary work, potential workplace risks, accident prevention, and social and health services.

The law also prohibits the employment of minors in hazardous industries or dangerous work. Additionally, it defines the regulations governing maritime employment, mining and quarrying work, labor inspection, labor dispute settlement bodies, and the penalties for violating the law.

The Evidence Law is one of the frameworks that safeguard human rights in the Kingdom, as it outlines the means and mechanisms of evidence, ensuring justice for all parties involved. Enacted on December 30, 2021, the law consists of 129 articles, which include general provisions, matters related to confessions and the interrogation of opponents, and written documents (official and unofficial). It also addresses the obligation to present documents held by the opposing party.

The law covers digital evidence, specifying when non-official digital evidence can be considered valid. Additionally, it details the rules for testimony, its subject matter, conditions, and disqualifications, along with the procedures for verifying testimony. The law includes provisions for urgent cases where testimony must be heard promptly, outlines the role of circumstantial evidence and res judicata, and addresses customary proof. Furthermore, the law covers critical oaths, supplemental oaths, and physical inspection, and allows the court to consult experts when technical matters are needed for case resolution.

The Kingdom upholds human rights through various laws, including the Law of Procedure Before Shari'ah Courts, issued on November 25, 2013. This law consists of 242 articles covering general provisions that define the scope of the law, the validity of legal procedures, and the recognized calendar. It provides guidance on determining the place of residence, transferring a case to another court, delivering notification copies, and the rules and mechanisms for serving notifications.

The law further addresses issues related to international, subject-matter, and territorial jurisdiction. It provides details on filing and registering lawsuits, the presence and absence of litigants, and matters concerning representation in disputes. The law also explains the procedures and regulations of court sessions and affirms the right of a party to involve a third party in a case. It allows any interested party to intervene, either to join one of the litigants or to seek judgment in their own favor. Additionally, the law outlines the rights of both the plaintiff and defendant to submit counterclaims, explains the methods for appealing judgments, and includes provisions for urgent rulings and terminations.

The Law of Criminal Procedures consists of 222 articles and is one of the laws in the Kingdom that guarantees and protects human rights. It was issued on November 25, 2013, and includes general provisions that clarify the scope of the law's application, the rights of the accused, and matters related to criminal penal cases. It also addresses the procedures for gathering evidence and conducting investigations, and affirms the right of detainees or prisoners to submit written or verbal complaints.

The law also establishes the employer's right to request the return of seized items and confirms the right of all parties to challenge any piece of evidence on the grounds of forgery. Additionally, it affirms the right of the convicted individual and the private plaintiff to appeal, specifying the conditions under which appeals can be made against the decisions and rulings of the appellate court, and the cases in which any party can request a review of final judgments.

The Law of the Judiciary supports the protection of human rights in the Kingdom. Issued on October 1, 2007, the law consists of eighty-five articles, detailing the independence and guarantees of the judiciary. It confirms that judges cannot be removed except under specific circumstances. The law outlines the appointment, promotion, transfer, leave, and secondment of judges.

It also allows judges to object to warnings issued against them by submitting a written appeal to the council within fifteen days of notification. In cases where a judge is subject to disciplinary proceedings, the hearings will be confidential, and the responsible entity will issue a ruling after the judge has defended himself either orally or in writing. Judges are also allowed to appoint a judicial representative to defend them.

The Personal Data Protection Law was issued on September 16, 2021, and is one of the laws that supports human rights protection in the Kingdom. It consists of forty-three articles, including provisions regarding the rights of individuals over their personal data. This includes the right to be informed of the legal grounds for collecting their data, to request access to their data, and to ask for corrections, completion, or updates. The law also grants individuals the right to request the destruction of their personal data when it is no longer needed in accordance with legal provisions.

It also provides individuals the right to file complaints with the relevant entity regarding the implementation of the law and regulations. It details penalties for the unlawful disclosure or publication of sensitive data, whether to harm the individual or to gain personal benefit. Additionally, the law grants individuals the right to appeal decisions made by the committee and seek compensation for any material or moral harm resulting from violations of the law.

The Copyright Law contributes to safeguarding human rights by ensuring the protection of original works in the fields of arts, sciences, and literature, regardless of the method of expression or type of work. Issued on August 30, 2003, the law consists of twenty-eight articles, detailing who qualifies as an author and the provisions related to joint and collective works. It also specifies the prohibition of importing or distributing copies of folk heritage works, which are considered public property owned by the state and fall under the protection of copyright.

The law also clarifies the author's moral rights, the financial rights of the author or their authorized representative, and the regulations concerning the transfer of copyright ownership. It addresses contractual relationships, restrictions on the use of certain works, and exceptions allowing the use of protected works without the author's permission. Additionally, the law outlines the scope and duration of copyright protection, defines what constitutes copyright infringement, and stipulates penalties for violations. It also grants individuals the right to appeal decisions issued by the committee to the Board of Grievances.

In addition to its national legislation and laws that protect human rights, the Kingdom actively engages in global efforts to protect human rights. The Kingdom has joined various international conventions and agreements, including the Convention on the Elimination of All Forms of Discrimination Against Women, adopted by the United Nations General Assembly in 1979, and the International Convention on the Elimination of All Forms of Racial Discrimination. The Kingdom also acceded to the Convention on the Rights of the Child in 1995.

The Kingdom ratified the Convention against Torture in 1997. In 2010, it acceded to the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution, and Child Pornography, adopted in 2000. The Kingdom also joined the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict. Additionally, the Kingdom ratified the Arab Charter on Human Rights, adopted in 2004.

In 2006, the Kingdom acceded to the Covenant on the Rights of the Child in Islam and the Convention on the Rights of People with Disabilities, adopted in 2021, along with its Optional Protocol to the Convention on the Rights of People with Disabilities.

The Saudi government prioritizes human rights by enacting laws and legislation that ensure their protection. With the launch of Saudi Vision 2030, numerous reforms have been implemented to enhance human rights protection, particularly in the areas of child protection, elderly care, and rights for people with disabilities. These reforms have also contributed to combating human trafficking crimes, solidifying the Kingdom’s standing both regionally and internationally in this field.

Saudi Vision 2030 places human rights at the core of development. Through the National Transformation Program, it has achieved several milestones that safeguard human rights, such as developing the non-profit sector, enhancing judicial services, improving healthcare services, and regulating the labor market. Additionally, it has empowered women and increased their participation in the workforce. The Quality of Life Program, one of the Saudi Vision 2030 initiatives, further contributes by fostering an environment that encourages individuals and families to engage in various activities, positively influencing lifestyles across society.