Examining obstacles to Saudi women's right to work in the Kingdom of Saudi Arabia

Abstract

This thesis determines and examines the obstacles to Saudi women’s right to work in terms of religious and cultural barriers and limited access to higher education through an analysis of Sharia sources, Saudi domestic law and international human rights treaties pertaining to Saudi women’s right to work in the Kingdom of Saudi Arabia. It also delineates the provisions for women’s right to work in Sharia and Saudi domestic law in the public and private sectors. The thesis also examines the reservations that the Kingdom of Saudi Arabia has entered into, and some of the international human rights treaties it has ratified, with a particular focus on the application of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). It also examines Saudi Arabia’s obligations under International Labour Organization (ILO) Conventions. In the context of Saudi domestic law, it identifies obstacles that underlie Saudi Arabia’s decision not to ratify the International Covenant on Economic, Social and Cultural Rights (ICESCR); it examines the arguments for the Kingdom of Saudi Arabia signing up to the ICESCR; and it examines Saudi Arabia’s obligations to respect, protect and fulfil women’s right to work under CEDAW. The protection of women’s right to work under customary international law, by its sources will be explored. This section will look through customary international law elements; whether or not women's right to work is protected. Finally, the thesis provides recommendations for action which can be taken by the Kingdom of Saudi Arabia to provide Saudi women with equal rights to work. It also makes recommendations concerning ratified and pending international human rights treaties which have the capacity to protect Saudi women’s right to work.