Abstract
This study looks at women’s rights in the Middle East and analyses how legal, cultural, and religious issues affect gender equality. It examines historical settings, emphasising advancements and enduring difficulties. By utilising international human rights frameworks such as the UDHR, CEDAW, and ICESCR, it evaluates advocacy activities and legal environments. The responsibilities of local and international NGOs are assessed, and case studies highlighting achievements and challenges are included. The report examines how laws are put into practice, finding gaps in enforcement and loopholes. Legislative changes, increased access to healthcare and education, and initiatives to subvert gender stereotypes are among the recommendations. Through the integration of legal analysis and empirical research, this study proposes strategies for the advancement of women’s rights in the Middle East, therefore fostering social equity.
Keywords
Women’s rights, Middle East, Human rights.
- Introduction
Human rights are essential and intrinsic to all humans. It is non-divisible, non-alienable and immutable. They are fundamental, universal, interdependent and inherent. Also, gender equality is a crucial cornerstone that promotes a future that is peaceful, affluent, and sustainable. Women deserve to live a life free from discrimination, equal protection under the law and physical, mental, and sexual abuse. Despite this, women in the Middle East face many issues related to human rights due to cultural, religious, and traditional customs that frequently limit their autonomy, access to education, work possibilities, personal freedom, healthcare, employment, and capacity for self-determination. 17 countries comprise the Middle East – Bahrain, Cyprus, Egypt, Gaza (Palestine), Iran, Iraq, Israel, Jordan, Kuwait, Lebanon, Oman, Qatar, Saudi Arabia, Syria, Turkey, United Arab Emirates (UAE), and Yemen. Women comprise an average of 45% of the population in all these countries which makes it essential to ensure that their human rights are not infringed upon. Women’s rights have been a source of concern in the area as numerous violations of the Universal Declaration of Human Rights (UDHR), the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), and The International Covenant on Economic, Social and Cultural Rights (ICESCR) have taken place. Women’s rights in these countries are a complex and ongoing journey. Many international organisations have responded to these concerns and advanced gender equality by adopting international conventions into local laws, enacting laws, organising campaigns, and pursuing diplomatic relations. This is why international organizations and legal frameworks have emerged as critical agents of change, endeavouring to address gender disparities and advocate for women’s rights.
Research Methodology
To fully comprehend the complexity of women’s rights activism in the Middle East, this research uses primary sources, international reports, legal papers, local laws translated into English, scholarly studies from various international organisations, and studies conducted by other scholars in the Middle Eastern nations. Utilising global human rights treaties like the UDHR, CEDAW, and ICESCR, this research aims to assess the advancements achieved and obstacles faced in advancing gender parity in various socio-political environments.
Thesis statement outlining the focus of the paper
This paper shall focus on analysing the Middle East’s legal environment and the actual application of international initiatives supporting women’s rights. In the pursuit of gender equality and the advancement of women’s rights in the Middle East, legal perspectives and international efforts play pivotal roles, shaping both the legislative landscape and the practical implementation of initiatives.
Review of Literature
Gender equality in the Middle East has been hindered by deeply ingrained patriarchal institutions, political instability, violence, and opposition from orthodox religious groups. Although movements in the early 20th century pushed for improvements in education and the right to vote, gaps still exist, especially in social standards and the implementation of legal systems. Gender discrimination is still persistent and is evident in differences in political representation, employment prospects, and legal rights even in the face of gains in literacy rates and educational access. Regional differences also exist, with certain nation’s leading the way in legal changes while others are falling behind because of political or cultural conservatism. This study will explore how the legal framework and NGO activism are working in the Middle East.
- Background on the status of Women’s Rights in the Middle East
Historically, the region has been categorized by male-controlled societies where women’s roles were limited within the family and closed community. However, the early 20th century saw a rise in the women’s rights movement because of the influence of Western values with varying degrees of success, legal reforms which encouraged their social mobility like the right to vote and level of education leading to the growth of the country. Oil-fuelled Gulf states gave priority to education but fell behind in terms of legal equality. Women first participated in the Iranian Revolution of 1979, but under the Islamic Republic, their rights were restricted. Women’s activism started when women began speaking for themselves. Many women like Zaynab Fawwaz in Lebanon, Huda Sha’arawi in Egypt, Dr Zainab Salbi in Iraq, and Maryam Namazie from Iran to name a few promoted women’s engagement in public life paved the way for many more women to be vocal about their rights.
In the MENA area, female literacy increased from 61% in 2000 to 72% in 2011. On average, 3 women occupy political posts out of 24 political positions available in Middle Eastern countries, indicating a lower proportion of women in politics in comparison to other countries in the world. With women making up, on average, only 13.29% of the political sphere, this shows a substantial disparity between the number of women in the general population and their representation in political positions.
Women in the workspace comprise only 19 per cent compared to a global average of 46 per cent according to the World Bank. The region has one of the lowest levels of female labour force participation resulting in an overall lower gap, even if the women are highly educated. Many working mothers struggle to get back into the workforce after having children. They also face ‘recruiter bias’ where the company feels that women are less committed and ambitious than before having children and thus will prioritize giving men the jobs instead. In a rush to start their careers again, women often accept less pay for the same skill sets as men. In addition, imagine being a woman and having to ask your brother, father, uncle, husband, or any other male member of the family for permission to travel abroad, or to get a job. This is the reality for many women in the Middle East. The issue of the male guardianship system persists in many countries, dictating women’s lives from marriage to healthcare. The 2023 Women Biz Law report finds that in only Israel, Cyprus, and UAE women have >75% of the legal rights that men do in the Middle East & North Africa. Furthermore, less than one in four businesses in the MENA region is owned by a woman, compared to one in three globally.
Through various international efforts, activists are focussing on a range of issues, including personal status laws, stopping violence, and economic possibilities, while navigating local reality and international law and acknowledging cultural sensitivities. Nonetheless, proponents of women’s rights never stop working to overcome these barriers and build a more just society for all.
- Importance of international human rights instruments or treaties
Table indicating the ratification of the UDHR, CEDAW and ICESCR:
| Sr. No | Country | Universal Declaration of Human Rights (UDHR) status | Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) | The International Covenant on Economic, Social and Cultural Rights (ICESCR) |
| 1 | Bahrain | Ratified | Ratified on 18 Jun 2002 | 27-Sep-07 |
| 2 | Cyprus | Ratified | Ratified on 23 Jul 1985 | 02-Apr-69 |
| 3 | Egypt | Ratified | Ratified on 18 Sep 1981 | 14-Jan-82 |
| 4 | Gaza (Palestine) | Ratified | Ratification without any reservation as a non-member state. Palestine unilaterally ratified CEDAW by Presidential Decree No. 19 of 2009. | 02 Apr 2014 |
| 5 | Iran | Ratified | Not signed or ratified | 24-Jun-75 |
| 6 | Iraq | Ratified | Ratified on 13 Aug 1986 | 25-Jan-71 |
| 7 | Israel | Ratified | Ratified on 03 Oct 1991 | 3 Oct 1991 |
| 8 | Jordan | Ratified | Ratified on 01 Jul 1992 | 28-May-75 |
| 9 | Kuwait | Ratified | Ratified on 02 Sep 1994 | 21-May-96 |
| 10 | Lebanon | Ratified | Ratified on 16 Apr 1997 | 3 Nov 1972 a |
| 11 | Oman | Ratified | Ratified on 07 Feb 2006 | 9 Jun 2020 |
| 12 | Qatar | Ratified | Ratified on 29 Apr 2009 | 21 May 2018 |
| 13 | Saudi Arabia | Ratified | Ratified on 07 Sep 2000 | Not signed or ratified |
| 14 | Syrian Arab Republic | Ratified | Ratified on 28 Mar 2003 | 21-Apr-69 |
| 15 | Turkiye | Ratified | Ratified on 20 Dec 1985 | 23-Sep-03 |
| 16 | United Arab Emirates | Ratified | Ratified on 06 Oct 2004 | Not signed or ratified |
| 17 | Yemen | Ratified | Ratified on 30 May 1984 | 9 Feb 1987 |
The Universal Declaration of Human Rights (UDHR) outlines the fundamental human rights concepts internationally and serves as a cornerstone for international human rights law and advocacy initiatives. The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) is essential for advancing gender equality and defending the rights of women. To promote global social justice and development, and guarantee access to healthcare, education, and decent working circumstances the International Covenant on Economic, Social, and Cultural Rights (ICESCR) is crucial. A country’s commitment to maintaining international human rights norms is demonstrated by the ratification of these instruments, which can then be incorporated into national legislation. The above table showcases the signatory and ratification status of UDHR, CEDAW, and ICESCR human rights instruments of all the countries in the Middle East. Ratifying these instruments reaffirms a commitment to justice and equality for all citizens, builds credibility in defending fundamental rights, and encourages cooperation with the international community. Iran has not signed or ratified CEDAW while Saudi Arabia and the United Arab Emirates (UAE) have not ratified or signed ICESCR. This is a serious issue as these nations could be denying their citizens vital safeguards by refusing to join or ratify this covenant, which might result in differences in access to housing, healthcare, education, and other necessities. Additionally, it raises questions about transparency and accountability for human rights commitments, which might jeopardise initiatives to advance social justice and equality in these cultures.
- International organizations
Women’s rights have advanced significantly throughout the Middle East thanks in large part to international efforts and diplomatic measures. Women’s rights activists have been supported by international organisations including the United Nations (UN), the European Union (EU), Amnesty International, Human Rights Watch, and several non-governmental organisations (NGOs). They have been instrumental in supporting, spreading awareness, and carrying out campaigns to oppose discriminatory legislation and practices.
Campaigns for women
Campaigns like #MeToo and #HeForShe, garnered a lot of attention online for Middle Eastern women empowering them to speak out against gender-based oppression and advocate for gender equality. In Turkey, pro-feminist/leftist news sites covered the global #BenDe (#MeToo) action and social media was used to share experiences of sexual harassment and assault. Few men participated in the #BenNasılDeğişeceğim [#HowIWillChange] movement. In Syria, the issue of NGO male workers demanding sex in exchange for humanitarian aid surfaced. The #MeshBasita (Not OK) and #NotYourAshta Anti-harassment campaign movements in Lebanon also became popular. The Arab Center for the Development of social media found that one-third of Arab women also experience sexual harassment online. “Not your Habibti” which translates to “Not your darling” was a popular campaign launched by 21-year-old Yasmeen Mjalli in Gaza.
Local NGO work
Several organisations are actively working to empower women in various spheres of life. The Centre of Egyptian Women Legal Assistance (CEWLA) offers legal aid, conducts field research, assists with paperwork, documents legal information, supports children’s rights, provides education, conducts studies, raises awareness, and handles international relations. The Organisation of Women’s Freedom in Iraq (OWFI) has protected women’s rights and fought violence against women who are victims of honour killings, mutilation, public execution, abduction, and suicide. It braved pushback from the Iraqi government, faced a lawsuit and has persisted the government’s attempts to shut them down. KAFA (enough) Violence & Exploitation is a Lebanese feminist NGO working since 2005 to eradicate gender-based violence and discrimination. It advocates for legal reforms, public awareness, research, and support for victims. Ruwwad, Arab Women Organisation of Jordan (AWO), and Arab Women’s Leadership Institute (AWLI) all conduct activities for women’s safety, and skill development and monitor the legal and political climate of the area. AWO also advocates for women’s rights and provides free counselling to survivors of domestic or sexual violence. Women for Women International in Afghanistan and Iraq not only offers a variety of economic and social programs for women, but it also offers men’s groups to teach men how to be better feminist allies from the past 30 years.
Legal framework
Slow progress is seen in several Middle Eastern nations implementing legal changes to support women’s rights. For example, Saudi Arabia removed the prohibition on women driving and implemented policies to shield women from domestic abuse. Saudi’s flogging punishments arbitrarily targeted women rape victims as having extramarital affairs (zina), presenting pregnancy as evidence but April 2020 saw the end of flogging for adultery. The UN Committee on Discrimination Against Women emphasised the need to repeal laws that shield rapists. However, in Saudi Arabia, the burden of proof is still on rape victims and the law is complex and needs to be addressed. Laws that discriminated against women in marriage and inheritance were repealed in Tunisia. Since over half of Israel’s population is female, the country now follows the equality ideals expressed in its Declaration of Independence and forbids discrimination based on gender. Israel has come a long way since the Ultra-Orthodox demanded gender segregation on public buses in 1997, leading to women boarding at the back. The sexual harassment complaints led Orly Erez Likhovski to petition the Supreme Court in 2007 resulting in its illegality in 2011. Women’s rights in the Middle East have progressed due to legal reforms and efforts, such as the abolition of driving prohibitions and the improvement of safeguards against domestic abuse.
Examining Legal Frameworks and Supportive Mechanisms for Gender Equality
Women, Business and the Law 2024 report conducted by the World Bank assesses laws impacting women’s economic inclusion, supportive frameworks, and expert opinions. It employs three indexes: legal frameworks, supportive frameworks, and expert opinions. Each index addressed specific indicators, such as safety, mobility, workplace, pay, marriage, parenthood, childcare, entrepreneurship, assets, and pension related to women. It examined legal provisions, implementation mechanisms, and practical outcomes to gauge gender equality in various domains, offering insights into disparities and opportunities for women’s rights and economic empowerment globally. Israel, Cyprus, UAE, and Turkey, demonstrated minimal score gaps between legal and supportive frameworks. This means that they are closely following the legal statutes which also have supportive framework mechanisms to help effectively implement it. Conversely, other Middle Eastern nations display legal gaps in safety, entrepreneurship, and childcare, indicating disparities in women’s rights and opportunities compared to the global average. Jordan’s Women, Business and the Law index score rose by 12.5 points from 46.9 in 2023 to 59.4 in 2024 due to the implementation of Law No. 10 of 2023 which prohibited gender discrimination in employment, removed all restrictions on women’s work, prohibition of sexual harassment in employment as well as a monetary fine for the perpetrator.
Legal Provisions and Implementation Challenges in Iraq
Article 10 of the Personal Status Law (1959) Iraq, prohibited marriages performed by religious leaders outside of the Personal Status Court. Marriage becomes enforceable only once a civil marriage contract is issued and they are registered with the Personal Status Court. Article 6(3) gives the wife the right to revoke the contract when the husband fails to fulfil the conditions, he agreed upon in the marriage contract. Art 9(1) No relative or non-relative has the right to force marriage on any person, whether male or female, without their consent with a punishment of three years imprisonment and charged with a fine of a specified amount. All of these are good on paper but implementation is the issue.
Loopholes and Contradictions in Marriage Laws
The issue is that in Iraq, people choose unregistered weddings as a way to evade the Personal Status Law’s marriage criteria, which include prohibitions on forced marriage, underage marriage, and polygamy. In other situations, the husbands decide not to have the marriage recognised to avoid having to provide spousal support in the event of a divorce. Furthermore, Iraqis who got married while residing in territory under the authority of the Islamic State (ISIS) between 2014 and 2017 were only given marriage certificates by ISIS, which were not accepted by the Iraqi government. A judge’s permission, tied with the arbitrariness in deciding on a girl child’s “maturity and physical capacity,” to get married is a loophole for child marriage that contradicts international law and best practices.
Impact on Access to Public Services
Marital status dictates access to public services; where only if she proves marriage, she can deliver babies in hospitals which has led to an increase in home births, heightening risks for maternal and infant health. no legal protection or recourse to claim their rights to dowry, spousal maintenance, and inheritance.
Urgent Need for Social Perspective Change
Transparent mechanisms that facilitate a change in the social perspective and attitudes towards women are required urgently. According to Bahrain’s 2017 Family Law, women must submit to their husbands or lose their right to receive spousal support. They also encounter prejudice at colleges and difficulties getting nationality for their children. Marital rape is not encoded in the local statute and is thus not a crime committed against a woman. According to official regulations, single Qatari women under 25 are not allowed to leave the nation without the consent of a male guardian, who is usually their father, brother, uncle, or grandpa. Married women are free to go overseas without their husbands’ consent, although their spouses have the legal right to ban their travel. Gender differences in visa sponsorship policies are still present in Qatar. Husband-supported women are classified as “homemakers,” which restricts their career options, whereas males sponsored by their spouses are classified as “without occupation.” Women are still subject to male guardianship limitations even with GCC (Secretariat General of the Gulf Cooperation Council) freedom of movement regulations.
Arbitrary Detention and Unequal Punishments for Women in Conflict Zones
Women are arbitrarily detained in war-zone areas and the laws are dissimilar for men and women. For example, a thirty-year-old Kurdish lady was arbitrarily detained for more than two years in four different places by the Turkish regime illegally occupying Syria. She was subjected to horrific torture, physical abuse, electrocution, and suspension at an Afrin jail. Furthermore, if women commit the same offences as men in Gaza, and Judea and Samaria (West Bank), they receive harsher penalties than males. For example, the Jordanian Penal Code of 1960 which is implemented in these areas, states that adultery by a woman is punishable by six months to two years in jail; but the same legislation also states that adultery by a male is punishable by one month to one year in prison. Adultery and sex work are criminalized while marital rape and polygamy are not . The discriminatory laws are mostly the result of laws, policies, and practices that view men as the leaders of households and as the legal and social guardians of women.
Solutions and Future Directions
Maliha Jilani, partner at Heidrick & Struggles in Dubai emphasized that boosting female labour participation would enhance the region’s competitiveness by accessing a wider talent pool, filling industry gaps like technology, and driving innovation with diverse perspectives, thus strengthening its competitive position. There are a few important improvements and future paths that need to be followed in order to provide the foundation for a more inclusive and fair future. First and foremost, laws, rules, and social mores must be drastically changed in order to recognise and uphold women’s equal legal standing with males. This means that agreement from a male guardian will no longer be necessary for choices like marriage, education, travel, employment, and healthcare. Furthermore, it is crucial to implement a minimum marriage age of 18 and remove clauses that allow minor weddings in some situations, as stated in Article 8(1) of the Iraqi Personal Status Law. In addition, religious leaders who execute weddings outside of the law should face harsh consequences, and all marriages should be required to be reported. Initiatives like monthly stipends that are reliant on ongoing enrolment and attendance should be put into place to encourage women to continue their education. Increased legal backing for marriage licence should go hand in hand with public awareness initiatives that focus on underage marriage and unregistered partnerships. Enough money must to be given to regional institutions that assist with paperwork and marriage licences. In conflict areas like as Syria, it is imperative to address human rights breaches and possible war crimes committed by military forces and affiliated militias. This calls for strict respect to international humanitarian and human rights laws. In order to facilitate impartial investigations, all unapproved detention facilities must be demolished. Additionally, Turkey must be labelled as a dangerous third country for asylum seekers, which will stop hasty deportations and permit UNHCR oversight. In order to protect women’s rights and access to healthcare, Saudi Arabia has to remove its objections to the Convention on the Elimination of All Forms of Discrimination Against Women, change its nationality rules to allow citizenship through either parent and abolish the male guardianship system. Qatar should amend its residence laws to remove discrimination based on gender and provide women the freedom to apply for jobs, driver’s licences, healthcare, scholarships, and travel permits without the need for approval from a male guardian. Women’s empowerment in all areas of life and the advancement of gender equality depends on these coordinated efforts.
Conclusion
In conclusion, despite advancements, deeply ingrained cultural norms and legislative gaps provide serious obstacles to women’s rights throughout the Middle East. International frameworks offer crucial direction, but local execution is still uneven. Nonetheless, international and local NGOs are essential for assistance and lobbying. To ensure significant progress towards gender equality and women’s empowerment in the area, targeted reforms that challenge gender conventions, promote access to healthcare and education, and eliminate legal gaps are important. It is important to promote women’s participation in decision-making at all levels, oppose violence against women since it maintains their subjugation, guarantee gender parity in the law, and protect women and girls with strong legal protections. To promote a just and lasting peace, emphasising the inclusion of women’s experiences and viewpoints in political, legal, and social discussions should be encouraged.
References
Name of the Author :- Annie Cardoz
College Name :- Adv.Balasaheb Apte College of Law