CRC/C/SAU/CO/3-4
The Committee further recommends that the State party systematically involve all
non-governmental organizations working in the field of children’s rights in the
development, implementation, monitoring and evaluation of laws, policies and
programmes related to children.
B.
Definition of the child (art. 1)
13.
The Committee is seriously concerned that the State party does not intend to change
the fact that judges have discretion to determine the age of majority. The Committee is
particularly concerned that judges frequently authorize the marriage of girls who have
attained puberty. It also notes with deep concern that efforts to set a minimum age for
marriage were successfully challenged in December 2014 by the highest-ranking religious
leader, who declared being in favour of marriages involving girls as young as 9 years old.
14.
The Committee draws the attention of the State party to the fact that the
exception contained in article 1 of the Convention cannot be interpreted as
authorizing child marriage, a practice internationally recognized as harmful to
children. The Committee urges the State party to set, as a matter of priority, the
minimum age of marriage at 18 years for both girls and boys.
C.
General principles (arts. 2, 3, 6 and 12)
Non-discrimination
15.
The Committee expresses deep concern that, in spite of the repeated
recommendations made by international human rights mechanisms, the State party still
does not recognize girls as full subjects of rights and continues to severely discriminate
against them in law and in practice and to impose on them a system of male guardianship
that conditions their enjoyment of most of the rights enshrined in the Convention, namely
the rights to freedom of movement, access to justice, education, health-care services and
identity documents, among others, upon the agreement of a male guardian. The Committee
is also concerned about the discriminatory application of the concept of “decency” to boys
and girls.
16.
The Committee draws the attention of the State party to its obligation to ensure
that traditional, historical, religious or cultural attitudes are not used to justify
violations of girls’ rights to equality before the law and to equal enjoyment of all the
rights enshrined in the Convention. It urges the State party to review as a matter of
priority its legislation and practices in order to ensure full respect for the equality of
girls and boys and, to this aim, to put an end to the system of male guardianship and
to stop imposing a dress code on girls. The State party should prioritize the adoption
of a comprehensive strategy to eliminate all forms of discrimination against girls and
to address the persistent negative gender stereotypes that lead to discrimination and
violence against them. The Committee reiterates its recommendation that such efforts
be conducted in close cooperation with community and religious leaders, as well as
children themselves (see CRC/C/SAU/CO/2, para. 28).
17.
The Committee remains concerned that children of Saudi mothers and non-Saudi
fathers, lesbian, gay, bisexual, transgender and intersex children, children with disabilities,
children born out of wedlock, children of migrant workers and children belonging to Shia
and other religious minorities remain subjected to persistent discrimination in the State
party. Children belonging to religious and atheistic minorities, especially children
belonging to the Shia community, continue to be discriminated against in various areas,
4