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United Nations Committee on the Rights of the Child - States Parties Reports |
UNITED
NATIONS |
|
CRC
|
|
Convention on the Rights of the Child |
Distr. GENERAL CRC/C/61/Add.2 29 March 2000 Original: ENGLISH |
COMMITTEE ON THE RIGHTS OF THE
CHILD
CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES
UNDER
ARTICLE 44 OF THE CONVENTION
Initial report of Saudi Arabia due in 1998
[Original: Arabic]
[15 October
1998]
GE.00-41222 (E)
CONTENTS
Paragraphs Page
Preface 4
PART
ONE: INTRODUCTION
I. BACKGROUND INFORMATION ABOUT THE
KINGDOM OF
SAUDI ARABIA 1 - 5 6
II. THE RIGHTS OF THE CHILD IN ISLAM 6 -
18 7
III. THE RIGHTS OF THE CHILD AND EDUCATION IN
THE KINGDOM OF
SAUDI ARABIA 19 - 21 10
IV. GENERAL PRINCIPLES OF THE RIGHTS OF
THE
CHILD IN THE KINGDOM OF SAUDI ARABIA 22 - 26 10
V. THE
KINGDOM’S ACCESSION TO THE CONVENTION
ON THE RIGHTS OF THE CHILD 27
- 28 15
PART TWO: GENERAL MEASURES OF IMPLEMENTATION
29 15
PART THREE: GENERAL PRINCIPLES
A. Definition of the
child 30 - 37 18
B. Non-discrimination 38 - 47 19
C. The best
interests of the child 48 - 77 21
D. The right to life, survival and
development 78 - 86 30
E. Respect for the views of the child 87 -
89 31
PART FOUR: CIVIL RIGHTS AND FREEDOMS
A. Name and
nationality 90 - 96 32
B. Preservation of identity
97 32
C. Freedom of expression 98 - 100 33
D. Access to
appropriate information 101 - 118 33
E. Freedom of thought, conscience
and religion 119 - 122 35
F. Freedom of association and freedom of
peaceful
assembly 123 - 128 36
G. Protection of privacy 129 -
131 37
H. The right not to be subjected to torture or other
cruel,
inhuman or degrading treatment or punishment 131 -
141 37
CONTENTS (continued)
Paragraphs Page
PART FIVE: FAMILY
ENVIRONMENT AND
ALTERNATIVE CARE
A. Parental guidance 142 -
144 39
B. Parental responsibilities 145 - 152 39
C. Separation from
parents 153 - 158 41
D. Family reunification 159 -
160 42
E. Recovery of maintenance for the child 161 -
162 43
F. Children deprived of a family environment 163 -
165 43
G. Adoption 166 - 167 43
H. Illicit transfer and non-return
of children abroad 168 44
I. Abuse and neglect, including physical
and
psychological recovery and social reintegration
of the child
169 44
PART SIX: BASIC PUBLIC HEALTH AND SOCIAL WELFARE 170 -
210 45
A. Survival and development 179 - 181 46
B. Public health
and health services 182 - 192 47
C. Disabled children 193 -
205 53
D. Social security and child-care services and facilities 206 -
207 58
E. Standard of living 208 - 210 59
PART SEVEN: EDUCATION,
TRAINING, LEISURE AND
CULTURAL ACTIVITIES
A. Education,
including vocational training and
guidance, and objectives of education
211 - 242 61
B. Leisure, recreation and cultural activities 243 -
244 75
PART EIGHT: SPECIAL PROTECTION MEASURES
A. Children in
situations of emergency 245 - 247 78
B. Children in conflict with the law
248 - 257 78
C. Children in situations of exploitation 258 -
265 80
D. Children belonging to a minority or an
indigenous
group 266 82
CONCLUSION 267 -
268 82
References 85
Preface
Recognizing the distinctive status of children in Islam, which the
nation embraces as a creed, a constitution and an integrated way
of life, the
Kingdom of Saudi Arabia shows considerable concern for child welfare.
In
this respect, Islam advocates concern for the welfare of the family, which
constitutes the basic social unit that provides appropriate
means conducive to a
decent life and full realization of its primordial role in nurturing and
preparing children for life.
It should be noted that, in the Kingdom of
Saudi Arabia, children represent the cornerstone and the major objective of the
development
process. Bearing this in mind, the State has mobilized all efforts
to provide opportunities for all children to enjoy their fundamental
rights and
has provided educational services to guarantee the appropriate upbringing and
development of the child within the family
and community
environment.
Moreover, several governmental and private institutions in
the Kingdom play a pivotal role in the various domains of child welfare,
including educational, health, social and recreational services and development
of the child’s faculties and skills.
In view of the
Kingdom’s desire to ensure the welfare and protection of children and
prepare them for a decent life, its development
plans include many programmes
and projects implemented by the sectors concerned with child
welfare.
The accession of the Kingdom of Saudi Arabia to the Convention
on the Rights of the Child confirms the Kingdom’s concern for
children,
who are tomorrow’s men and the builders of the future. The Kingdom
of Saudi Arabia acceded to the Convention on
the Rights of the Child, adopted by
the General Assembly of the United Nations on 20 November 1989,
pursuant to Royal Decree No.
M/7 of 11 September 1995. The instrument of
the Kingdom’s accession to the Convention was deposited with the
SecretaryGeneral
of the United Nations on 26 January 1996 and the
Convention entered into force on 25 February 1996.
In accordance with
article 44, paragraph 1, of the Convention on the Rights of the Child
concerning the reports of the States parties
on the measures adopted to give
effect to the provisions of the Convention, within two years of the entry into
force of the Convention
and thereafter every five years, on 12 August 1996 the
Cabinet decided that the Ministry of Education, in coordination with the
government
agencies represented in the Saudi National Commission for Child
Welfare, should prepare the report of the Kingdom of Saudi Arabia
on the
measures adopted to give effect to the rights recognized in the Convention and
on the progress made in the enjoyment of those
rights.
In view of the
importance of preparing the report in an appropriate manner that faithfully
reflects the numerous services rendered
by the Kingdom to children, in
conformity with the reporting mechanisms adopted by the United Nations
Committee on the Rights of
the Child, a workshop was organized in coordination
with the UNICEF Bureau in the Arab Gulf States, for the officials of the
agencies
concerned with child welfare in the Kingdom, on the appropriate
procedure for the preparation of national reports.
The Saudi National
Commission for Child Welfare was eager to ensure that the Kingdom’s report
would be indicative of the comprehensive
care and consideration accorded to
children, and documented by the regulations and procedures applied by the
competent authorities.
To this end, a Drafting Committee was formed of
representatives of the following government agencies:
Ministry of Interior
Ministry of Foreign Affairs
Ministry of Education
Ministry of Justice
Ministry of Health
Ministry of Information
Ministry of Planning
Ministry of Municipal and Rural Affairs
Ministry of Labour and Social Affairs
General Presidency of Youth Welfare
General Presidency of Girls’ Education
After the Drafting
Committee had prepared the report, another committee was formed to review it and
translate it into English.
When preparing the report, the Drafting
Committee took into account the guidelines proposed by the United Nations
for the preparation
of national reports, and care was taken to ensure that it
complied with the provisions of the Convention.
While submitting this
report, the Saudi National Commission for Child Welfare takes this opportunity
to express gratitude to the
representatives of the agencies concerned with child
welfare in the Kingdom, who helped to prepare this report; a special word of
thanks goes to the UNICEF Bureau for its cooperation with the Saudi National
Commission for Child Welfare.
Mohammed Ahmed Rasheed
Minister of
Education
President of Saudi National Commission for Child Welfare
PART ONE: INTRODUCTION
I. BACKGROUND INFORMATION ABOUT THE KINGDOM OF SAUDI ARABIA
1. The Kingdom of Saudi Arabia is located at the south-western end of the
Asian continent. It is bordered to the north by Jordan,
Iraq and Kuwait, to the
south by the Sultanate of Oman and the Republic of Yemen, to the east by
the Arabian Gulf, Bahrain, Qatar
and the United Arab Emirates and to
the west by the Red Sea. It covers an area of approximately
2,250,000 km2 (868,730 square miles).
2. Its territory
occupies almost four fifths of the Arabian peninsula. This unique location, at
the centre of the world, is one of
its significant characteristics. It also has
many other peculiarities, the most prominent of which are:
(i) The Kingdom of Saudi Arabia is the cradle of Islam to which Muslims throughout the world turn in prayer. It occupies a special place in Muslims’ hearts as the guardian of Islam’s sacred places: the Kaaba (House of God) at Makkah and the Mosque of the Prophet Muhammad at al-Madinah.
(ii) It has adopted the Holy Koran and the Sunna (sayings and teachings of the Prophet Muhammad) as its constitution.
(iii) Every year millions of Muslims, of all ages, come to Saudi Arabia to perform the ritual of Hajj (pilgrimage) and Umra (minor Hajj) and to visit the Mosque of the Prophet. In this regard, the State exerts tireless efforts to serve them and takes numerous comprehensive measures, including health, security, cultural and socioeconomic measures, to ensure their safety.
3. The population of Saudi Arabia is 19,200,000, of
whom about 25 per cent are expatriates living in its territory.
4. Since
the issuance of the Royal Decree of 23 September 1932 unifying the Kingdom under
the name of the Kingdom of Saudi Arabia,
it has made consistent progress in all
social, economic, political, cultural and administrative fields, in a balanced
manner in keeping
with the teachings of Islam and the requirements of modern
development. The national development plans consider human resources
development as their main objective and place great emphasis on education,
training, ensuring the well-being of all segments of society,
and furthering
social stability to face the rapid social changes. To this end, the Kingdom has
mobilized all efforts to achieve
comprehensive development through the
application of all the criteria of modernization, progress and constant
amelioration of the
standard of living and through the implementation of the
consecutive five-year development plans, which started in 1970-1975. The
Sixth
Development Plan (1995-2000) is currently being implemented. The principal
objectives of the five-year development plans are:
(i) To safeguard Islamic values by duly observing, disseminating and promoting the Shariah (the Islamic law);
(ii) To defend the faith and the homeland and preserve the security and social stability of the Kingdom;
(iii) To form productive citizens, through provision of appropriate means of livelihood and the determination of remuneration on the basis of work;
(iv) To develop human resources, continually ensure an increasing supply of manpower and upgrade its efficiency to meet the requirements of the national economy;
(v) To achieve balanced growth throughout the various regions of the Kingdom;
(vi) To continue encouraging private-sector participation in socio-economic development;
(vii) To reduce dependence on the production and export of crude oil as the main source of national income;
(viii) To continue restructuring the Kingdom’s economy, through constant diversification of the production base, especially by laying more emphasis on industry and agriculture;
(ix) To develop mineral resources and to encourage discovery and utilization thereof;
(x) To concentrate on qualitative development of already-existing utilities and facilities by improving their level of performance;
(xi) To complete the infrastructural projects needed to achieve comprehensive development;
(xii) To promote scientific activity and raise cultural and media standards to keep pace with the Kingdom’s development;
(xiii) To achieve economic and social integration among the Gulf Cooperation Council (GCC) countries, and to strengthen the Kingdom’s links with Arab, Islamic and other friendly countries.
5. To
achieve these general objectives, the Kingdom has formulated a number of
strategies and policies, the results of which indicate
the great concern over
the human element in development and the achievement of its prosperity and
progress.
II. THE RIGHTS OF THE CHILD IN ISLAM
6. A careful review of Islamic law clearly shows that Islam has
guaranteed comprehensive rights for the child before as well as after
birth.
Islam makes the world of a child a beautiful world, full of love, happiness and
joy. It ardently seeks to instil the love
of children into adults and urges
them to plan and form a family that can ensure harmonious development, respect
and equality for
all its members, particularly children. It also emphasizes the
importance of protecting children, safeguarding their right to life
and
preserving a healthy environment conducive to their sound development.
7. In this regard, Islam recommends the following measures: birth
spacing, protection of children against infectious diseases, encouragement
of
breastfeeding, establishment of comprehensive systems for child-rearing based on
freedom and independence, and obliging parents
to cater for their full welfare
and education and to inculcate in them the love of a decent life. Moreover,
Islam pays particular
attention to the personal hygiene and environmental health
of children and to the development of their minds and bodies. Islam is
concerned with the guardianship of orphans, with the welfare of children of
unknown identity, though they are very few, and with
the prohibition of their
torture and maltreatment. It has laid down exemplary regulations for the
protection of pregnant mothers
from torture or inhuman treatment in the event of
imprisonment, and has guaranteed a decent life for delinquent and disabled
children.
8. The Kingdom of Saudi Arabia has derived its regulations
concerning child welfare from these divinely revealed teachings of Islam
which
are in harmony with, and even surpass, the provisions of the
Convention.
9. For greater clarity, we will cite some of the human rights
recognized in Islamic law, which considers the observance of human rights
to be
an act of worship that entails ordained duties. In Islam man is more honoured
than any other creatures (We have honoured the
sons of
Adam),[1] (We have indeed
created man in the best of
moulds).[2]
10. In his
magnificent oration from Mount Arafat, the Prophet Muhammad, addressing an
enormous throng of people, proclaimed the principles
of human rights: (O
people! Your God is one, and your ancestor is also one. You are all
Adam’s offspring and Adam was created
from clay. The most noble of you in
the eyes of God is the one who fears Him most. No Arab is superior to a
non-Arab except in
terms of piety).
11. In Islam, man’s distinctive
features are not inherited but acquired through piety and righteousness. In
this way, Islam
links human rights with faith and also with obedience to the
commands of God. For example, in Islamic law justice is a mandatory
obligation,
even for enemies: (And let not others’ hatred of you make you swerve to
wrong and depart from
justice - Be just; that is next to
piety).[3]
12. There is
no crime except as defined by law: (Nor would We visit with our wrath until We
had sent an apostle to give
warning).[4] Likewise, no
person can be convicted and punished unless he is proved guilty: (O ye who
believe! If a wicked person comes to you
with any news, ascertain the
truth).[5] And no one is held
responsible for the offence of someone else: (No bearer of burdens can bear the
burden of
another).[6]
13. The
Kingdom of Saudi Arabia abides by the teachings of Islam in the field of human
rights. Therefore, the Basic System of Government
shows due regard for these
rights:
Article 26: “The State shall protect human rights
in accordance with Islamic law.”
Article 36: “The
State shall ensure the security of all its citizens and residents living within
its territory. No one shall be detained,
imprisoned or restricted in his
actions except as provided by law.”
Article 37:
“Homes are inviolable. They shall not be entered without permission from
their owners, nor shall they be searched except
in the circumstances specified
by law.”
Article 38: “Punishment shall be personal.
There shall be no crime or punishment except as defined by a legal provision or
regulation.
No punishment shall be imposed except for acts committed subsequent
to the entry into force of the legal provision governing them.”
Article 8: “The system of government in the Kingdom of
Saudi Arabia is based on justice, ‘Shura’ (consultation) and
equality
in accordance with Islamic law.”
Article 43:
“The ‘Majlis’ (Court of the King and that of the Crown Prince
shall be open to all citizens and to anyone who
may have a complaint or a
grievance. Every individual shall have the right to communicate with public
authorities regarding any
matter of concern to him.”
Article
46: “The judiciary is an independent authority. In the discharge of
their duties, judges shall be subject to no authority other
than that of Islamic
law.”
Article 47: “Citizens and residents of the
Kingdom have an equal right to seek judicial remedy, the requisite procedures
for which shall
be prescribed by law.”
14. To reaffirm its
deep-rooted faith in human rights and dignity as prescribed in Islam, the
Kingdom of Saudi Arabia ratified the
Declaration of Human Rights in Islam, known
as the Cairo Declaration, adopted by the Organization of the Islamic
Conference on 4
August 1990.
15. The Basic System of Government
in the Kingdom has prescribed all the measures needed to ensure the equitable
and impartial administration
of justice for the benefit of litigants. The
judiciary is independent and subject to no authority other than that of Islamic
law.
Freedom of defence, pleading and discussion is guaranteed, provided that
due respect is shown for human feelings.
16. It should be noted that the
judiciary in the Kingdom shows due regard for human rights since it is
important, in the interests
of security, peace of mind and personal dignity,
that everyone should feel that he is fully protected from injustice, that there
are regulations to protect him and society and that any accusation made against
him or others will not be taken at face value but
will be duly investigated and
verified.
17. Children in the Kingdom have their own judiciary,
consistent with their ages, which guarantees their interest and applies the
principle that a child is presumed innocent until proved guilty and that pardon
should be given priority over punishment and counselling
and guidance over
reprimand.
18. In the light of the above, it is quite evident that
Islamic law guarantees human rights in general and those of children in
particular,
as it provides them with care and protection, and facilitates
adoption of the measures needed for that in conformity with article
41 of
the Convention on the Rights of the Child.
III. THE RIGHTS OF THE CHILD AND EDUCATION IN THE
KINGDOM OF SAUDI ARABIA
19. The education system in Saudi
Arabia reaffirms the rights of the child in accordance with Islamic values and
teachings which call
for social solidarity and a secure and decent life for all
individuals. They also indicate that it is the duty of the community,
represented by the State and by public and private institutions, to take care of
all members of society through application of the
provisions of Islamic law,
including zakat (alms tax), charity, expiation, social security for those unable
to work and other forms
of maintenance.
20. “Seeking
knowledge” is viewed in Islam as mandatory for every Muslim, male and
female. Islam calls for contemplation
and reflection and prohibits intoxicants,
drugs and anything that disables the mind and precludes sound thought or
meditation.
21. Through its education system, the State is seeking to
promote closer ties among members of society in general and among family
members
and relatives in particular. These social ties include the acceptance of
invitations and advice, visiting the sick, exchanging
visits, avoiding hurting
others, the rights of parents over sons and daughters and vice versa, the rights
of relatives, the rights
of neighbours and conjugal rights. Likewise, education
in Saudi Arabia emphasizes the principles of freedom of abode, personal freedom,
justice, equality and fraternity in compliance with the words of God: “O
mankind! We created you from a single (pair) of
male and female, and made you
into nations and tribes, that ye may know each other not that ye may despise
(each other). Verily
the most honoured of you in the sight of God is (he who
is) the most righteous of you. And God has full knowledge and is well
acquainted
with all things”.[7]
Also the saying of the Prophet Muhammad “All of you are
Adam’s offspring and Adam was created of clay”.
IV. GENERAL PRINCIPLES OF THE RIGHTS OF THE CHILD
IN THE KINGDOM OF SAUDI ARABIA
22. The general principles of
the rights of the child can be observed in Saudi society in the following
fields:
(a) Family care
Paying attention to mothers, increasing their awareness and eradicating their illiteracy;
Strengthening family ties and encouraging alternative and foster families to care for orphaned children and those in especially difficult circumstances;
Developing juvenile welfare institutions and programmes for delinquent
children in a manner consistent with socioeconomic changes.
(b) Family
health
Providing primary health care, with special emphasis on maternal and child health care, including immunization against infectious diseases within the framework of the extended immunization programme;
Extending public awareness and health education programmes in the field of proper child nutrition, maternal and child health care, vaccination against epidemic and other diseases, combating infectious diseases, organizing regular health check-ups and expanding comprehensive immunization coverage for all children in order to achieve 100 per cent coverage by the year 2000;
Introducing country-wide comprehensive family health registration to monitor the health of all family members including children, and provide preventive and therapeutic care, as well as health education and rehabilitation and environmental health services under the supervision of medical specialists. In this way, the Kingdom has succeeded in significantly reducing the incidence of diarrhoea to less than 0.03 per 1,000 children, improving the weights of newborn infants and achieving a children’s age-weight proportionality of 98 per cent.
(c) Child sociocultural welfare
Encouraging alternative and foster families to care for orphaned children and those in especially difficult circumstances;
Developing children’s culture to enable the younger generation to become useful members of society;
Promoting the idea of establishing cultural development centres for children, providing them with scientific equipment and means to help children to practise their hobbies, and establishing children’s libraries and theatres;
Allocating sections in public libraries to children and providing them with recently published children’s books and magazines;
Increasing the production of cultural material for children, including publications, films and programmes;
Incorporating some cultural activities and programmes in school curricula;
Expanding social rehabilitation and surveillance centres and child welfare institutions throughout the Kingdom and developing the programmes and activities of juvenile welfare institutions;
Setting up social care centres to accommodate and care for children, particularly those with special needs;
Supporting social development and services centres and promoting their maternal and child programmes;
Establishing comprehensive rehabilitation centres for the disabled and day-care centres for special categories of disabled children;
Continuing to grant financial aid and social security allowances to families with disabled children until they reach the minimum age for admission to employment;
Increasing the number of juvenile courts to ensure the speedy settlement of disputes and safeguard the rights and well-being of children;
Continuing to render cultural, artistic, and recreational and sports services to enhance children’s abilities, entertain them and enable them to benefit from their leisure time;
Discussing social issues in the information media in an interesting way that strengthens family cohesion and solidarity;
Exerting more efforts to develop children’s, youth and women’s information programmes in order to meet the need to upgrade education and culture, provide appropriate recreational activities for all ages and develop the spirit of patriotism and love of work.
(d) Education
Making primary education one of the strategic bases necessary for all children;
Enhancing school libraries, making them accessible to all and encouraging children to read and acquire knowledge;
Encouraging and caring for gifted children;
Providing education, free of charge, for all categories of children, including slightly and severely disabled children, in educational institutions appropriate to each category;
Using school curricula to achieve sociocultural development appropriate for child growth;
Encouraging children to read, study, acquire new knowledge and utilize their leisure time in a suitable manner; providing them with incentives to participate in the planning and implementation of these programmes, and awarding them prizes;
Developing health awareness among children;
Making special education available for children with special needs, integrating them, as far as possible, with their peers in ordinary schools, and providing the necessary facilities for this process;
Increasing the availability of talking libraries and audio books;
Incorporating maternal curricula in girls’ education;
Supporting nursery and kindergarten programmes;
Supporting programmes to promote early detection and awareness of disabilities.
The education authorities also provide a number of other services
including:
Early registration of students entering the primary stage;
A programme to steer students towards various fields of academic specialization at the secondary stage;
A student’s educational and vocational guidance programme;
A programme to identify individual disparities between students and to cater for their welfare at school;
A programme to make intermediate and secondary level students aware of the harm caused by narcotic drugs;
A programme to make students aware of the dangers of
smoking.
(e) Child welfare
23. There are a number of
government agencies involved in the various aspects of child welfare in the
Kingdom of Saudi Arabia. The
Saudi National Commission for Child Welfare,
supervised by a secretariat located in the Ministry of Education, was formed in
1979,
the International Year of the Child, to coordinate the activities of these
agencies. The Saudi National Commission for Child Welfare
serves as a permanent
body responsible for formulating the general policy on child-related needs and
activities in the Kingdom developing
these activities and coordinating the
efforts of the various agencies concerned with children’s affairs. The
Commission is
composed of:
(a) The Supreme Council for Childhood, headed by the Minister of
Education, with 12 other members representing the government agencies
concerned with child welfare.
(b) The Planning and Follow-Up
Committee, headed by the Deputy Minister of Education for Cultural Affairs, with
members representing
all the agencies concerned with children in the
Kingdom.
24. The Saudi National Commission for Child Welfare was restructured on 5
May 1997 and new members were appointed to its Supreme Council
and its Planning
and Follow-Up Committee with a view to revitalizing its
activities.
The Supreme Council of the Saudi National Commission for
Child Welfare undertakes the
following functions:
Formulation of a national strategy on child welfare to help the competent authorities in the Kingdom to promote health, educational, and social welfare;
Proposal and recommendation of programmes and projects relating to child welfare for implementation by the government agencies concerned;
Coordination of efforts of the government agencies concerned with children in order to achieve complementarity, avoid duplication and recommend action to be taken in each agency within its field of competence;
Encouragement of research and study centres in universities and other institutions to contribute in fields relevant to child welfare;
Monitoring of the activities of regional and international organizations
concerned with children which might be of interest to the
Kingdom.
The
Planning and Follow-Up Committee undertakes the following functions:
Study of the minutes of meetings and recommendations of the Supreme Council and followup on their implementation;
Preparation of new programme and project proposals for submission to the Supreme Council;
Consideration of issues referred to it by the Supreme Council and preparation
of the necessary studies and research on the topics
required.
25. A
secretariat, located in the Cultural Affairs Department of the Ministry of
Education and composed mainly of specialists in child-related
fields, has been
established to plan and monitor the activities of the Commission, monitor the
activities of the agencies concerned
with child welfare and prepare reports and
studies for submission to the Supreme Council and the Planning and Follow-Up
Committee.
It also includes a number of administrators to handle the
secretariat’s administrative affairs.
26. The secretariat
undertakes the following functions:
Organization of relations between the government agencies and national bodies and institutions concerned with child welfare in the Kingdom;
Preparation of the meetings of the Supreme Council and the Planning and FollowUp Committee;
Provision of information and data relating to child welfare and exchange of such information with all the agencies concerned;
Preparation of periodic reports on the activities of the Commission and monitoring of the implementation of the recommendations and resolutions of the Supreme Council and the Planning and Follow-Up Committee;
Monitoring of the activities of regional and international bodies and institutions concerned with child welfare which might be of interest to the Kingdom.
V. THE KINGDOM’S ACCESSION TO THE CONVENTION ON
THE RIGHTS OF THE CHILD
27. The Kingdom of Saudi Arabia agreed,
under the terms of Royal Decree No. M/7
of 11 September 1995, to accede to the Convention
on the Rights
of the Child, adopted by the General Assembly of the United Nations on
20 November 1989, with reservations concerning
all articles conflicting
with the provisions of Islamic law. This is because the Kingdom pays
considerable attention to child welfare
and aims to strengthen its international
cooperation through the United Nations and because the provisions set forth in
this Convention
are in conformity with the teachings of Islamic law concerning
the need to fully respect the human rights of the child from the time
when the
child is an embryo in his or her mother’s womb until he or she reaches the
age of majority.
28. In this respect, the Kingdom fully appreciates the
wisdom and flexibility with which this Convention was formulated in order to
encourage accession thereto by most of the international community and,
consequently, ensure that children all over the world enjoy
the minimum rights
proclaimed in the Convention in a manner consistent with the capacities and
regulations of the States parties.
PART TWO. GENERAL MEASURES OF IMPLEMENTATION
29. In the light of its decision to accede to the Convention on the Rights of
the Child, the Kingdom has taken the necessary measures
to monitor the
implementation of the Convention as follows:
(i) Announcement of the Kingdom’s accession to the Convention on the Rights of the Child through local newspapers, radio and television;
(ii) Dissemination of the Convention to all government agencies concerned with children so that they can continue to upgrade their programmes relating to child welfare, monitor indicators of their achievements and rearrange their programmes to take account of the provisions of the Convention in such a way as to facilitate the monitoring of those indicators by the Saudi National Commission for Child Welfare with a view to coordinating endeavours in the various educational, cultural, health, social and security fields;
(iii) Entrustment of the task of monitoring the implementation of the Convention to the Saudi National Commission for Child Welfare at the Ministry of Education;
(iv) Restructuring of the Saudi National Commission for Child Welfare in order to strengthen its role in the coordination of the government agencies concerned with children. The Supreme Council of the Commission, headed by the Minister of Education, also comprises representatives of the agencies concerned with children at Deputy-Minister level. A Planning and Follow-Up Committee, headed by the Deputy Minister of Education for Cultural Affairs and comprising representatives of the agencies represented in the Supreme Council, has also been established;
(v) Saudi schools have held children’s festivals and organized sports, theatrical, scout and cultural activities to promote greater familiarity with the requirements for the implementation of the Convention. Many literary and cultural clubs in the Kingdom have discussed the provisions of the Convention in order to make them more widely known and local newspapers have devoted certain pages, to which children themselves as well as mothers and writers concerned with child welfare contribute, to a discussion of the rights of the child in order to create an appropriate sociocultural environment for the implementation of the Convention in a manner consistent with Islamic law;
(vi) A workshop was held, in collaboration with UNICEF, to discuss the provisions of the Convention on the Rights of the Child and how to prepare the reports of the States parties. Officials from government agencies and the private sector concerned with child welfare, as well as some representatives of Gulf States, attended for purposes of consultation and an exchange of experience;
(vii) The Kingdom has contributed $50,000 to the budget of the plan of action to strengthen the implementation of the Convention on the Rights of the Child under the auspices of the United Nations. It will also be hosting one of the training courses to be held as part of the activities of the plan;
(viii) Pursuant to article 4 of the Convention regarding the legislative, administrative and other measures taken for the implementation of the rights recognized in the Convention in order to harmonize national law and policy with the provisions of the Convention, it should be noted that what is available to children in the Kingdom of Saudi Arabia is superior to what is prescribed in the Convention.
To this end, measures have been taken:
To continue providing comprehensive family health care through maternal and child health programmes, to introduce programmes for the early detection, before and after marriage, of hereditary diseases affecting both mother and baby and to provide nutrition, medicines and health counselling for all family members;
To continue implementing the child immunization programmes and combating infectious diseases;
To monitor the growth and development of children through proper
childcare programmes;
To strengthen family ties so as to protect children from arbitrary
punishment through comprehensive programmes supervised by security,
educational,
health and sociocultural institutions, with participation by specialists and
members of society at all stages of planning,
implementation and evaluation;
To continue encouraging private-sector participation in child
development; to take measures to safeguard the best interests of the
child; to
encourage more charitable works and to develop them in a manner consistent with
the requirements of the Convention and
the provisions of Islamic law;
To continue offering material and moral aid to needy families in order to
meet the essential requirements for their children’s
welfare;
To continue supporting day-care programmes for disabled children, reduce
dependence on shelter programmes, extend educational programmes
and develop the
skills of family members to enable them to participate in the psychological and
sociocultural welfare of disabled
children;
To continue reviewing and developing the existing child protection
systems;
To continue propagating the principles of orphan guardianship and
alternative families for children of unknown identity, even though
they are few
in number, and ensuring the universal application of the regulations concerning
the naming of such children in order
to ensure their enjoyment of respect and a
decent life, without discrimination, in society;
To continue developing the capacities of the agencies concerned with
juvenile welfare so that they can apply the juvenile welfare
regulations in an
optimal manner that ensures the safety and the normal mental, physical and
psychological development of juveniles;
To develop the regulations concerning working mothers in a manner that
ensures the fulfilment of their duties as mothers;
To consider standardizing care of the disabled under a single umbrella in
order to avoid duplication and guarantee equal opportunities
for the disabled,
as well as effective contribution by the public and private sectors to the
objectives and strategies consistent
with the requirements of society;
To continue supporting and promoting research on child culture and
awareness through the information media and discussions at various
family and
social levels with a view to achieving a balanced culture for children;
To continue coordinating the efforts of public and private bodies concerned with maternal and child welfare, and regulating expenditure on social, health, educational and cultural programmes for comprehensive child welfare through various channels and centres in accordance with clearly defined regulations and activities;
To produce more children’s magazines, periodicals, publications,
and radio and television programmes to make the rights of the
child widely
known;
To continue establishing children’s clubs, such as the scientific
clubs at Riyadh and Jeddah, throughout the Kingdom;
To continue supporting cultural excursions and activities through the
youth and student centres and sports clubs that have been established
in all
parts of the Kingdom.
PART THREE. GENERAL PRINCIPLES
A. Definition of
the child (art. 1)
30. Article 1 of the Convention on the Rights of the Child is totally in
harmony with Islamic law with regard to the definition of
the child:
“A child means every human being below the age of 18 years unless,
under the law applicable to the child, majority is attained
earlier.”
31. The legislation applicable in the Kingdom in respect
of the definition of the child is as follows:
(i) From birth to 7 years of age, no responsibility or duty of any kind is imposed on the child. At this age, the parents or legal guardians have the primary responsibility for the upbringing and guidance of the child, whom they accustom to good morals and teach some essential principles, which prepare him or her for the coming stage;
(ii) From 7 to 10 years of age, the child is considered a rational person and starts to learn and be trained in religious observances, dealing with others and bearing some duties and responsibilities without any liability;
(iii) From 10 to 15 years of age, the child shoulders some responsibility and the legal guardian provides guidance and discipline without harming the child. He is answerable, in an appropriate manner and in the presence of his legal guardian, for offences that he commits and his legal guardian is liable to make amends for his wrongdoing and has an obligation to take care of him. If punishment is
required it takes the form of guidance, reprimand or placement in a social surveillance centre. The child is disciplined only in such a way as to ensure his or her proper conduct, without harming the child;
(iv) From 15 to 18 years of age, the child is answerable, in respect of any wrongdoing, in an appropriate place and manner, in order to protect the child and safeguard his or her interests as an extension of the child’s care and upbringing. In order to protect the child and others, any punishment that may be required takes the form of discipline, guidance, and admonishment. If necessary, the child is placed in a social rehabilitation centre, as an alternative environment, for an appropriate period of time in order to ensure an improvement in his or her conduct and behaviour.
32. A
juvenile is defined, in the penal laws set forth in the Detention and Juvenile
Homes Statues of 1975, as every human being below
the age of 18 years. The
regulations stipulate that a juvenile cannot be detained in a public prison but
must be delivered to a
surveillance centre.
33. In the social sphere, the
regulations do not define a specific age for marriage, as Islamic law regulates
this matter in a manner
that ensures happiness for both spouses and prevents the
countless social dangers inherent in delaying the age of marriage. In this
context, it stipulates that a person wishing to marry must have the capacity
therefor. This flexibility in Islamic law helps to
close loopholes and
safeguard the interests of both parties.
34. The minimum age for
enrolment in the armed forces is 18 years, when recruits start training and do
not normally participate in
military operations until the training courses have
been completed. It is noteworthy that military service is not compulsory in
Saudi Arabia.
35. For purposes of the application of penal procedures to
users of narcotic pills, the regulations raise the maximum age of juveniles
to
20 years in certain cases.
36. The age of 18 years is defined as the
minimum age for admission to employment in the public or private sectors. A
child under
13 years of age is not allowed to work even with the consent of his
legal guardian. In this regard, it should be noted that we very
rarely find
working children in the Kingdom under 13 years of age, except within the
framework of their family and under the supervision
of their legal guardian,
usually in non-strenuous work such as helping fathers in their
shops.
37. A child over 15 years of age has the right to plead before a
court, receive legal or medical counselling and obtain an identity
card under
the Civil Status Regulations.
B. Non-discrimination (art. 2)
38. Article 2 of the Convention on the Rights of the Child stipulates
that “States Parties shall respect and ensure the rights
set forth in the
present Convention to each child within their jurisdiction without
discrimination of any kind, irrespective of the
child’s or his or her
parent’s or legal guardian’s race, colour, sex, language, religion,
political or other opinion,
national, ethnic or social origin, property,
disability, birth or other status.”
39. Article 2, paragraph 2 further
stipulates that “States Parties shall take all appropriate measures to
ensure that the child
is protected against all forms of discrimination or
punishment on the basis of the status, activities, expressed opinions or beliefs
of the child’s parents, legal guardians or family
members.”
40. In this context, it should be noted that the System
of Government in the Kingdom of Saudi Arabia adopts two important
principles:
(i) Justice, equality and non-discrimination between kin and strangers, and non-bias towards the strong at the expense of the weak (“God commands justice, the doing of good ... .”[8]). In the words of the Prophet: “By God, if my daughter Fatima were to steal, I would cut off her hand.”
(ii) The application of Islamic law to all persons. Rights are guaranteed equally to all individuals irrespective of their race, sex or other considerations. The law is applicable to all without partiality and all the judicial, social and cultural systems are based on this principle. Moreover, the Kingdom shows due concern for children deprived of a family environment or afflicted with a disability with a view to ensuring their enjoyment of all their rights on an equal footing with other children.
41. The
Custodian of the Two Holy Mosques, King Fahad Bin Abdul Aziz, expounded these
principles during his presentation of the Basic
System of Government of the
Kingdom of Saudi Arabia with the following words:
“There is no difference between the ruler and the ruled. All are equal
before God’s law and all are equal in their love
of their homeland and
their concern for its safety, unity, well-being and progress. The ruler has
rights and duties and the relationship
between the ruler and the ruled is
governed solely by God’s law.”
42. The articles of the Basic
System of Government have also clarified those principles in detail. Article 26
stipulates that “The
State shall protect human rights in accordance with
Islamic law”. Article 8 states that “The system of Government in
the Kingdom of Saudi Arabia is based on justice, ‘Shura’
(consultation) and equality in accordance with Islamic law.”
Article 47
recognizes that “Citizens and residents of the Kingdom have an equal right
to seek judicial remedy.”
43. The Basic System of Government
elucidates the necessary measures for this; pursuant to article 43:
“The ‘Majlis’
(court) of the King and that of the Crown Prince
shall be open to all citizens and to anyone who may have a complaint or a
grievance.
Every individual shall have the right to communicate with public
authorities regarding any matter of concern to him.”
44. Likewise,
the Holy Koran reaffirms these principles in various verses; for instance,
“Let not others’ hatred of you
make you swerve to wrong and depart
from justice. Be just; that is next to
piety.”;[9] “No
bearer of burdens can bear the burden of
another.”[10]
45. Saudi
society, which is based on justice and equality, strongly rejects all forms of
discrimination. It never discriminates between
the strong and the weak, man,
woman or child. All of them enjoy the rights and freedoms guaranteed by the
regulations, based on
Islamic law, which are applicable in the Kingdom without
discrimination of any kind, irrespective of their colour, sex, ethnic origin,
age or religion.
46. Equality is one of the basic principles applied by
the Basic System of Government, which emphasizes that all individuals are equal
in human dignity, before the law and in regard to reward, retribution and their
public duties without discrimination of any kind.
The judicial, administrative
and penal regulations also emphasize these rights in everyday
practice.
47. For example, juveniles who commit offences are treated
equally, without any discrimination in regard to rights, obligations or
penalties. Likewise, children who break the law are disciplined in accordance
with the regulations, due regard being shown for their
age, their situation, the
place in which the offence was committed and the extent of the harm caused,
regardless of their nationality
or origin. This is consistent with article 2 of
the Convention.
C. The best interests of the child (art. 3)
48. The Shariah-based laws applicable in the Kingdom of Saudi Arabia show
considerable concern for the best interests of the child
in the form of full
welfare and respect. The child’s interests are furthered by his or her
parents’ free choice of spouse
and their obligation to respect the rights
of the child to breastfeeding, custody, guardianship, maintenance and
appropriate choice
of a name. This means that the best interests of the child
take precedence over any other consideration.
49. In this connection, the
Basic System of Government guarantees full protection and care for the family
and children, who constitute
the cornerstones of Saudi society in which the need
for family cohesion is emphasized. Within the framework of the best interests
of the child, the Basic System of Government defines the minimum age for the
child’s admission to employment in the public
or private sectors,
prohibits the employment of children at an early age or in heavy or hazardous
forms of work or occupations which
do not ensure the self-respect and dignity of
the child, defines maximum working hours, prohibits the employment of children
at night
and requires employers to provide an appropriate and safe working
environment with every facility for rest and comfort, and to show
due regard for
the rights and duties or workers.
1. Child welfare before birth
50. The Islamic Shariah urges men, on marriage, to choose a pious wife
whose maturity and intelligence will safeguard the home and
turn it into a place
full of love, tenderness and loyalty. A woman’s beauty, noble birth or
wealth should not be the main
consideration; she should be religious so that her
children will inherit her good morals and conduct. The Shariah also urges the
parents of the prospective bride to properly choose a husband with good
character who will take good care of his family. And Islam
prefers
non-consanguineous marriage since the children resulting therefrom are sounder
in mind and body.
51. It is a recognized principle in Saudi society that
persons marry the spouse of their own choosing and have an obligation to select
an appropriate name for their child and to provide him or her with an education.
In this respect, the Caliph Umar ibn al-Khattab
said: “A father has an
obligation to choose a good mother for his child, give him or her an appropriate
name and teaches him
or her the Holy Koran.”
2. Love of children
52. Islam regards the birth of a child, male or female, as glad tidings
for the father: “O Zakariyah! We give thee good news
of a son. His
name shall be
Yahya.”[11] God says:
“Wealth and children are the adornment of this present
life.”[12] The Prophet
compared the world of the child to paradise and added that children were like
beautiful butterflies who made life happier
and brighter. He said: “Were
it not for suckling infants, bowing old men and grazing animals, your life would
be torture.”
3. The family and the Basic System of Government in the Kingdom of Saudi Arabia
53. Article 9 of the Basic System of Government stipulates that
“The family is the nucleus of society.” Article 10 further
stipulates that “The State shall seek to strengthen family ties, safeguard
family values and cater for the welfare of all family
members, creating
appropriate conditions for the development of their aptitudes and
capabilities.”
54. In accordance with the Islamic Shariah, in the
Kingdom of Saudi Arabia the family is based on four principles:
(i) The unity of man’s origin. This essential concept can be found in the following Koranic verse: “It is He who hath produced you from a single person.”[13]
(ii) Love and compassion among family members so that they can lead a decent life in full solidarity: “And among his signs is this, that He created for you mates from among yourselves, that you may dwell in tranquillity with them and He has put love and compassion between your hearts.”[14] This love and compassion enables the spouses to share the burdens of life and consolidate the family in a peaceful and harmonious atmosphere.
(iii) Social solidarity: “We have enjoined on man kindness to his parents: in pain did his mother bear him, and in pain did she give him birth. The carrying of the child to his weaning is (a period of) thirty months.”[15] “And we have enjoined on man (to be good) to his parents: in travail upon travail did his mother bear him, and in year twain was his weaning: (hear the command) show gratitude to Me and to thy parents: to Me is (thy final) goal.”[16]
(iv) Justice and Equality: “And women shall have rights corresponding to their obligations, according to what is equitable.”[17]
4. The administration of juvenile justice and the best interests of the child
55. The juvenile laws applicable in the Kingdom of Saudi Arabia show
special concern for the best interests of the child. They take
into account the
child’s age and social status, protect the child from exploitation and
danger, specify the age - from 7 to
18 years - at which children are answerable
for their acts, and make provision for juvenile courts, presided over by special
judges,
which administer justice and fully safeguard children’s rights in
accordance with the Juvenile Justice Act of 1975, which ensures
that judicial
proceedings against them are concluded, without delay, in an atmosphere far
removed from that prevailing in adult courts
and in a manner that takes their
feelings into consideration, after a thorough study of their social situation
and after taking every
possible reform measure. Such proceedings are conducted
in camera, in accordance with the regulations promulgated in 1969 which
encourage the settlement of cases in the juvenile courts without placing
children in social surveillance centres, admonishment, guidance,
counselling and
reprimand being preferred to institutional care which shall be used only as a
measure of last resort and for the
shortest possible period of time when the
child’s good conduct cannot be ensured by delivery into the custody of his
or her
guardian for ongoing supervision. The regulations stipulate that no
previous convictions can be entered in the child’s record,
even if he or
she is a repeated offender. When institutional care is ordered, the child has
the right to freely pursue his or her
studies, to enjoy a comfortable
atmosphere, including means of entertainment such as television, radio, a
library, newspapers and
magazines, to receive visits, to practise sports, to
take part in cultural excursions and competitions, to practise hobbies and to
voluntarily learn some crafts of his or her own choosing. The regulations also
make provision for several programmes and activities
to promote self-reliance,
independent decision-making and the beneficial use of leisure time. All the
child’s requirements
in regard to nutrition, health, safety and protection
are met under the supervision of specialized social workers who visit the child
from time to time and listen to his or her opinions and
suggestions.
56. The regulations prohibit the subjection of children to
any intimidation or pressure during investigation or the hearing of their
statements. The child’s feelings are taken into consideration and the
investigators are not allowed to wear military uniform
or handcuff the children,
who are transported in civilian vehicles and treated in the most humane manner.
Specialized judges are
selected to hear their cases with a view to ensuring
their reform and reintegration in family life in full dignity. Judges are
encouraged
to shorten the period of placement in surveillance institutions if
the child’s conduct improves or if he or she memorizes the
Holy Koran and
the child is allowed to attend examinations during the period of custody. When
more than half of the sentence has
been served, the remainder may be remitted
and the child can benefit from the Royal Amnesty issued every year before the Id
al-Fitr
in order to celebrate the holiday with his or her family.
57. It
is noteworthy that the Islamic law applicable in the Kingdom of Saudi Arabia
never sentences persons below the age of majority
to capital punishment.
5. Foster care and the best interests of the child
58. The Kingdom has a specialized Family and Child Welfare Department
which caters for the welfare of children in need of alternative
care, such as
children of unknown parentage, the few children who are born out of wedlock,
children deprived of the care of one or
both parents or relatives owing to
death, separation of parents, ill-health of the mother or other reasons. Such
children enjoy
comprehensive care until they reach the age of majority, when the
advantages of their remaining in social care are reviewed. Such
care is
provided by an alternative or foster family or by private foster care
institutions supervised by the State.
6. The alternative family and the best interests of the child
59. Several conditions have been laid down for child fostering to ensure
their proper protection and welfare. After being given an
appropriate name,
children of unknown parentage are placed in the custody of a foster family,
consisting of a husband and wife, or
a healthy woman, who must be free of
diseases and socially, physically and psychologically fit and willing to take
care of the child.
There are also rules to ensure that children deprived of a
family environment are cared for by social welfare institutions or alternative
families which cater for their social and educational well-being and their
physical, mental and psychological health, from birth
until they reach the age
of six years in social welfare institutions, when they are transferred to social
education centres and model
education institutions.
60. The State has
established a special system for child welfare in an alternative family; the
“Kafala of Islamic Law” (guardianship system) under which the
child enjoys all the rights and duties of any other citizen. The State
earmarks
an annual budget consisting of millions of Saudi riyals in the form of
financial aid and educational programmes supervised
by social workers who
monitor and advise all the institutions and families entrusted with the
guardianship of orphans or children
in a similar situation.
61. The State
runs welfare programmes - under the auspices of the Ministry of Labour and
Social Affairs - for minors in a manner consistent
with their social and health
status, irrespective of their sex, colour, religion or ethnic origin, throughout
the Kingdom in institutions
which cater for their social, health, educational,
psychological and vocational welfare. They also ensure an alternative family
environment through the provision of accommodation, meals, clothing and every
facility to promote their well-being, including monthly
allowances, practice of
hobbies and instruction in useful crafts so that the children can become active
members of society.
62. Many other programmes are implemented in the
Kingdom, including social education centres for boys and girls; social,
vocational
and health rehabilitation services for the disabled; welfare
programmes for crippled children; day-care programmes and the welfare
programmes
for normal and abnormal children which are run by 160 charitable associations,
including 20 women’s associations.
These associations provide child
welfare services through kindergarten, day-care and children’s club
programmes for normal
children and centres for disabled boys and girls,
residential care centres, orphan guardianship programmes and programmes to
assist
the families of disabled children in the case of abnormal children.
63. The Ministry of Justice, through its representatives in the juvenile
courts and in coordination with specialized social workers,
takes every measure
to safeguard the rights of minor children in a manner consistent with their best
interests. An ad hoc body known
as the “Board of Investigation and Public
Prosecution” has been established to monitor the observance of human
rights
in all penal procedures.
7. Labour and the best interests of the child
64. The employment of children under 13 years of age is prohibited by
article 163 of the Labour Code promulgated in Royal Decree No.
M/21 of 16
November 1969, in conformity with ILO Convention No. 138 concerning the minimum
age for admission to employment and the
need for children to continue their
education to the age of 18. The age of the child must be proved by a birth
certificate or an
official assessment by a doctor at the Ministry of Health. A
certificate of physical fitness and parental consent are also required.
Fulfilment of these requirements is noted in special records, which are
inspected by the Labour Office.
65. Article 204 of the Labour Code
prescribes the penalty for an employer who violates any provision of chapter 10
of the Code.
66. In 1978, the Kingdom of Saudi Arabia ratified
International Labour Convention No. 29 of 1930 on forced labour as well as
Convention
No. 105 of 1957 on the abolition of forced labour. The provisions of
these two conventions are applicable in the Kingdom. The Labour
Code devotes a
complete chapter (chapter 10) to prohibition of the employment of children and
women so as to protect them from any
work that is likely to be hazardous or
harmful to their health. As for children over the age of 13 years, article 160
of the Labour
Code prohibits their employment in hazardous or harmful work or
occupations involving power-driven machinery or in mines, stone quarries
and the
like.
67. Article 161 of the Labour Code stipulates that children over
the age of 13 years are not allowed to work at night. Article 162
limits their
working hours to six hours a day and they are not permitted to work overtime
(art. 152). Article 147 requires breaks
for rest, prayer and meals of not less
than half an hour during working hours. Children are not permitted to work for
more than
five consecutive hours (art. 148 of the Labour Code).
8. Social development programmes and activities and the best interests of the child
68. The State is endeavouring, through social service and development
centres, to meet all the requirements for the child’s
development. In
this respect, it provides health care, promotes the family environment and
ensures appropriate education, including
various educational services such as
sports, cultural, social, scout, artistic and theatrical services and scientific
activities,
in addition to guidance, counselling and
instruction.
69. Moreover, the State has taken measures to ensure that
the child will grow free from diseases and psychological problems and with
lofty
morals in compliance with the sublime Islamic values and teachings. To this
end, it has established kindergartens, children’s
summer clubs and
scientific centres, which include practical models, for the large-scale
scientific development in various fields,
and public libraries, which lend books
on various modern sciences and knowledge free of charge. Besides the foregoing
services,
municipalities pay great attention to public parks and playgrounds
where children can practise popular and cultural activities.
There are some
social and cultural centres with halls for the holding of seminars, cultural
meetings and theatrical and other activities.
Moreover, there are youth welfare
programmes designed to promote mental and physical training, create an
integrated personality
and provide an opportunity to spend leisure time in a
constructive manner consistent with Islamic law. To this end, religious,
social,
cultural, sports and training programmes have been formulated through
youth clubs, summer camps, various training courses and cultural
and sports
competitions. The State has earmarked enormous independent budgets, as well as
incentives and prizes, for these programmes.
9. Social security programmes and the best interests of the child
70. Every child has the right to benefit from social security,
irrespective of his or her parents’ status. To achieve the full
realization of this right, the State established the social security system
pursuant to Royal Decree No. 19 of 1962 which ensures
that children, in
particular, are cared for through the provision of several financial and social
welfare benefits until they become
self-reliant. Monthly allowances are granted
to needy children and their families, and monthly and annually allowances are
granted
to orphaned or parentless children. Other financial assistance is
granted to needy children irrespective of the situation of their
families.
10. Respect for the views of the child, freedom of thought and the best interests of the child
71. The views of the child are taken into account when determining the
main and subsidiary requirements for a decent life. In this
respect, certain
measures have been taken to ensure that children can participate freely in
sports activities, cultural clubs and
types of competitions appropriate to their
ages.
72. Newspapers have special pages in which children can express
their views freely and there are many magazines in which children
can help to
write articles, and manifest their talents and discuss their needs. There are
also radio and television programmes in
which children can hold discussions with
other children or with the officials responsible for child welfare. The
child’s best
interests are assured through participation in cultural
associations, scientific clubs and youth and student centres which develop
the
personality of the child. The child’s views regarding the shortcomings of
the welfare services rendered, and ways to improve
them are given full
consideration. The child is also free to decide whether to remain with an
alternative family. Also, children
in various social welfare institutions take
part in designing the programmes appropriate to their circumstances. Cultural
clubs
have been established to enable children to express their problems in the
way they wish. Children also participate in the evaluation
of school curricula
and programmes for school activities in order to make them more consistent with
their aspirations without prejudice
to the basic objectives of the
programmes.
11. Vocational education and the best interests of the child
73. The State has formulated numerous vocational training programmes with
financial and academic incentives to encourage children
to participate in all
scientific and professional fields and to provide income-generating
opportunities from which they can benefit
in later life in accordance with their
health and physical abilities. To this end, the State has established the
General Organization
for Technical Education and Vocational Training and has
designed programmes for post-secondary higher education and secondary and
pre-secondary technical education.
74. There are 6 technical colleges, 36
commercial, industrial, agricultural and technical supervisors’ institutes
and 30 pre-secondary
technical institutes, all of which contribute to the
training of a qualified national workforce capable of meeting their own needs
as
well as those of their country. Furthermore, the State offers numerous short
summer courses as a beneficial leisure activity,
provides vocational guidance
for all children and youth and organizes extracurricular activities in
furtherance of the best interests
of the child.
12. The future and the best interests of the child
75. The State is still emphasizing its capital role in ensuring the best
interests of the child by supporting and introducing several
programmes and
activities designed:
To help families to further the development and well-being of their members;
To promote the social, mental, physical, moral and spiritual development of the child by creating an appropriate family environment;
To provide more assistance and protection for children living in difficult circumstances;
To encourage families to participate in alternative family programmes;
To expand pre-school education through kindergartens, with special emphasis on the development of the child’s personality, talents and abilities to their fullest potential within the framework of Islamic values and teachings;
To continue emphasizing the right of the child to protection from economic exploitation and from anything that is likely to be harmful to the child’s health or physical, mental, spiritual, moral or social development;
To adopt more measures to reform delinquent children without resorting to punishment, with special emphasis on rehabilitation and comprehensive guidance;
To make further endeavours to ensure that disabled children enjoy a decent life in conditions that facilitate their participation in community life;
To conduct further useful studies to ensure the best interests of the child.
To render more assistance to help families to participate in their
children’s well-being and culture.
13. Information and the best interests of the child
76. The Kingdom’s accession to the Convention on the Rights of the
Child reaffirms the special concern shown for children by
all government
agencies, including the Ministry of Information. In this connection, the
Information Policy document of 1982 pays
considerable attention to child
welfare, as is evident from articles 8, 9, 10, 11, 13 and 18.
77. The
officials in the Ministry of Information have realized the extent to which the
articles of the Information Policy Document
are in harmony with those of the
Convention on the Rights of the Child. They are striving to give effect to
those articles in a
manner that complements the endeavours of the other agencies
and is conducive to the full realization of the best interest of the
child and
society by:
Paying great attention to the news of the World Summit for Children, convened in 1990 by the General Assembly of the United Nations and attended by a number of world leaders. Saudi children presented their “Children’s message to the Summit” to those leaders through channel 1 on Saudi television;
Making the provisions of the Convention, following its ratification, widely known by various means;
Developing audio-visual and written information material in accordance with
the articles of the two documents. This is clearly evident
from the following
radio and television programmes:
(i) Programmes to make the child aware of his or her right to free of charge education (art. 28); such as “The children’s forum” (TV), “Children’s tales” (radio), “The family” (TV), “The children’s magazine” (radio) and “Children’s radio” (radio);
(ii) Programmes to make the children as well as their families conscious of their right to health care (art. 24); such as “The children’s forum” (TV), “Our children are our hearts” (TV), “Your safety” (radio and TV), “The children’s magazine” (radio) and “Children’s radio” (radio);
(iii) Programmes emphasizing the right of the disabled child to special care (art. 23); such as “The children’s forum” (TV), “Budding celebrities” (radio), “Will power makes heroes” (TV), “Stronger than despair” (radio) and “Hello, listeners” (radio);
(iv) Programmes emphasizing the rights of deprived orphans and juveniles (art. 20); such as “Sisters” (TV), “The family” (TV), “With you on the air” (TV), “Hello, listeners” (radio) and “Children’s radio” (radio);
(v) Programmes making children and their families aware of their right of access to appropriate information (art. 17); such as “Open Sesame” (TV), “Entertaining competitions” (TV), “Children’s tales” (radio), “Hassan’s aeroplane” (media), “Little birds and branches” (radio), “Budding celebrities” (radio) and “Little Sibaweih” (radio);
(vi) Programmes discussing the child’s right to an appropriate standard of living (article 27); such as “Sisters” (TV), “Questions and answers” (TV), “Important issues” (TV), “Hello, listeners” (radio), “Children’s radio” (radio) and “The children’s magazine” (radio);
(vii) Programmes allowing children to express their own views freely (arts. 12 and 13) through participation in the preparation of audio-visual programmes; such as “The children’s forum” (TV), “Hello, listeners” (radio), “Children’s tales” (radio), “The children’s magazine” (radio) and “Children’s radio” (radio);
(viii) Programmes laying emphasis on the right of children and their families to life, survival and development, and particularly on the State’s commitment to guarantee this right before and after birth, as well as the right to a name and nationality and the right to enjoy these rights without discrimination (arts. 3, 6 and 7); such as “Sisters” (TV), “The family” (TV), “The children’s forum” (TV), “Budding celebrities” (radio) and “The Kingdom in the eyes of the world” (TV).
(ix) Programmes to make children aware of their right to be protected from all forms of exploitation and maltreatment (art. 31); such as “An invitation to dialogue” (TV), “Educational horizons” (TV), “Social discourse” (TV) and “Hello, listeners” (radio);
(x) Programmes stressing the child’s rights to be protected from the illicit use of narcotic drugs (art. 33); such as “Be careful, be safe!” (TV), “An event and a lesson” (TV) and “Hello, listeners” (radio);
(xi) Programmes stressing the right of the child to rest and leisure, to engage in play and recreational activities and to participate freely in cultural life (arts. 28, 29 and 31); such as “Budding celebrities” (radio), “The children’s forum” (TV), “Cultural competitions” (TV), “The children’s magazine” (radio), “Children’s radio” (radio) and “Little birds and branches” (radio);
The Ministry of Information
encourages the production of cultural material relevant to the child, such as
books, newspapers and magazines,
which it buys in adequate quantities and
distributes free of charge to children and young persons;
Presenting information and cultural material to children during their visits
to information centres. The Saudi Press Agency (SPA)
monitors child-related
issues, prepares reports on children’s activities and disseminates them at
the local, Arab and international
levels;
Local newspapers and magazines devote appropriate space to children’s
and family issues and some children and young persons
help to write cultural
material. Moreover, some of them assume the responsibility for supervising many
pages of these newspapers.
D. The right to life, survival and development (art. 6)
78. In keeping with the precepts of the Islamic Shariah, the Kingdom of
Saudi Arabia guarantees the right of the child to life, survival
and
development. In this respect, it prohibits the killing of any human being in
general and of children in particular. In the
words of God: “Kill not
your children on a plea of want. We provide sustenance for you and for
them.”[18] and
“Take not life, which God hath made sacred, except by way of justice and
law.”[19] God
also says “I will create a vicegerent on
earth.”[20]
79. Being
God’s vicegerent on earth, man deserves to enjoy a decent life which
ensures his dignity and well-being and to be
protected from all harmful things
that threaten his status. Accordingly, the Kingdom has taken appropriate
measures to safeguard
the right of all children to life, survival and
development, through the provision of full security, nutrition and health
services.
Moreover, it is striving to ensure that solidarity and love among all
members of society form the basis of such protection. It
advocates wise and
understanding treatment, and denounces enmity and hatred, among people through
the application of justice and
equality, without discrimination between male and
female or between citizens and foreign residents, and helps every family to lead
a decent life and care for its children in a spirit of compassion and
affection.
80. The regulations applicable in Saudi Arabia to protect
life, survival and development are as follows:
1. The Prohibition of Abortion Act
81. Article 24 of the Practice of Medicine and Dentistry Regulations,
promulgated in Royal Decree No. M/3 of 2 October 1988, prohibit
the
abortion of a pregnant woman unless it is necessary in order to save her life.
Under the terms of article 29 of the same Regulation,
any physician who violates
this prohibition is liable to a penalty.
2. Encouragement of breastfeeding
82. God says “The mothers shall give such to their offspring for
two whole years.”[21]
The healthy child programmes implemented under the auspices of the Ministry of
Health encourage breastfeeding through monitoring
and public awareness
activities. According to the 1995 report of the Ministry of Health, the
percentage of mothers who practised
breastfeeding during the first four months
of their children’s lives amounted to more than 95 per cent in most parts
of the
Kingdom.
3. The Basic System of Government and family care
83. Article 27 of the Basic System of Government stipulates that:
“The State shall guarantee the rights of its citizens and
their families
in an emergency or in the event of sickness, disability or old age. Likewise,
it shall support the social security
system and encourage individuals and
institutions to contribute to charitable works.” Article 31 stipulates
that: “The
State shall show concern for public health and shall provide
health care for every citizen.” Article 46 affirms that: “The
judiciary is an independent authority. In the discharge of their duties, judges
shall be
subject to no authority other than that of Islamic law.”
Article 36 further affirms that: “The State shall ensure the
security of
all citizens and foreign residents in its territory. No one shall be detained,
imprisoned or restricted in his actions
except as provided by
law.”
84. Moreover, article 38 emphasizes that: “Punishment
shall be personal. There shall be no crime or punishment except as defined
by
law or regulations and acts shall be punishable only after the entry into force
of the legal provision governing them.”
4. Social and health services
85. The Kingdom of Saudi Arabia provides preventive and
therapeutic health and rehabilitation services for all its citizens, and for
children
in particular, and exerts diligent efforts to protect them from various
diseases and make their lives happier and more comfortable.
To this end, it
provides medicines and vaccines, free of charge, against all infectious diseases
through the social and health centres
which implement social and maternal and
child health-care programmes in residential areas, where parks and playgrounds
are also established.
86. In this connection, the regulations applicable
in Saudi Arabia stipulates that town planners must make provision for
children’s
playgrounds covering an area of not less than
400 m2 for every 200 housing units. The number of parks
established by the State up to 1997 amounted to 3,060, covering an area of
52,600,000
m2. Furthermore, the State organizes various forms of
activities to make children’s lives more comfortable and to ensure full
protection and a decent life for all children.
E. Respect for the views of the child (art. 12)
87. The Kingdom respects the views of the child on all matters relevant
to his or her life and gives due weight to such views in accordance
with the
child’s age and maturity. Children have the right to be heard - either
directly or through a representative who pleads
on their behalf - in any
judicial proceedings. Juvenile courts have been established in which juveniles
are tried in camera in an
appropriate atmosphere for the child to speak without
being afraid, such trials being held in the surveillance centres in the presence
of a social worker.
88. It is noteworthy that, under the regulations
applicable in Saudi Arabia, the child has the right to freedom of expression
either
by writing in papers or participating in radio and television programmes,
provided that, pursuant to article 39 of the Basic System
of Government, such is
not prejudicial to the dignity of others or to public
morals.
89. Moreover, children can exercise their right to freedom of
expression by participating in scientific discussions on matters affecting
their
lives or by taking part in numerous cultural activities such as children’s
theatre, poetry, oratory and story-telling
at schools, institutes and sports,
cultural and literary clubs and societies and through television, radio and
journalism both in
and out of school.
PART FOUR. CIVIL RIGHTS AND FREEDOMS
A. Name and nationality (art. 7)
90. Article 7 of the Saudi Nationality Act, adopted in the
Cabinet’s Resolution No. 4 of 23 September 1954, stipulates
that:
“A Saudi national is a person born in or outside the Kingdom of
Saudi Arabia to a Saudi father or to a Saudi mother and a
stateless father or a
father of unknown nationality.” Articles 8, 11, 12, 14, 18 and 19 (a) of
the same Act specify the conditions
for the acquisition and recovery of Saudi
Arabian nationality.
91. Article 67 of the Civil Status Act (previously
Citizenship Act) No. M/7 of 22 December 1986 stipulates that, on
reaching the age
of 15 years, every male Saudi citizen must apply to one of the
civil status departments to obtain an identity card, the details of
which are
extracted from the central Civil Register.
92. Under article 32 of the
Civil Status Act, all births inside the Kingdom, and all Saudi births abroad
must be notified within the
stipulated time limits.
93. Ministerial
Ordinance No. 386 of 17 April 1988 specifies the conditions for the choice of
names. Article 6 of this Ordinance
stipulates that the names, comprising a
minimum of four and a maximum of six with the words “son of” between
the person’s
first name and the name of his father and between his
father’s name and that of his grandfather, etc., must be entered in the
Civil Register. Article 11 of the Ordinance stipulates that names which are
inconsistent with human dignity, contrary to Islamic
law or undesirable cannot
be registered. The State imposes confidentiality on the files of the civil
registers.
94. The Saudi Nationality Act considers a child of unknown
parents to be a Saudi national by virtue of birth within its territory
even if
his or her parents are unknown. Accordingly, he/she enjoys the same rights and
privileges as Saudi citizens.
95. The child is registered at birth or, in
the case of a foundling, on discovery. A birth notification certificate is
issued, the
child is given an appropriate name, his/her date of birth is entered
on the certificate as well as the name of the mother if she
is known, or a
pseudonym if she is unknown, and the child is issued with a Saudi registration
certificate, a birth certificate, a
passport, and an identity card when he/she
reaches 15 years of age.
96. It should be noted that, when naming the
child, he/she should not bear the name of the foster family in order to ensure
his/her
dignity and rights, as well as those of the foster family. Any person
who seeks to deprive a child of his/her identity or abandon
him/her without
lawful reason, is liable to the penalty prescribed by law.
B. Preservation of identity (art. 8)
97. The regulations applicable in the Kingdom of Saudi Arabia respect the
right of the child to preserve his or her identity, including
nationality, name
and family relations. The State protects human rights in accordance with
Islamic law pursuant to article 26 of
the Basic System of Government. It is not
permissible, under the regulations, to deprive any citizen of Saudi nationality
except
for a valid reason and under the terms of a Royal Decree pursuant to
article 13 of the Saudi Nationality Act No. 4 of 22 September
1954. The
Basic System of Government lays great emphasis on the importance of the family
welfare, on strengthening the bonds which
hold the family together, and on
respect for the values on which Saudi society is based (arts. 9, 10, 11, 12
and 13).
C. Freedom of expression (art. 13)
98. The State shows great concern for the child’s upbringing and
education and development of his/her skills in a manner that
ensures his/her
effective participation in the integrated development of Saudi society. In this
regard, the child, from the first
day of school, is encouraged to exercise
his/her right to freedom of expression through dialogue, which is considered to
be an important
basic educational tool to enhance the child’s abilities.
Expression is also taught in all schools as a basic subject in the
early years
of education.
99. Education officials hold meetings and forums with
children at all stages in order to listen to their freely-expressed views and
discuss their opinions regarding school curricula and teaching methods.
Likewise, cultural, social, sports, artistic and scout activities
are used to
promote the students’ ability to participate and take decisions on all
matters affecting their lives. Children
are given the opportunity to take part
in planning the daily school programme and the school evaluation method.
Numerous opportunities
are provided for children and young persons to express
their views on social, cultural and scientific development. They are encouraged
to reject discord and violence and seek harmony, cohesion and mutual love and
understanding in accordance with the provisions of
the Islamic Shariah, as
advocated in articles 9, 10, 11, 12 and 13 of the Basic System of
Government. Schools and institutes, as
well as sports, cultural and
professional clubs, private cooperative associations, playgrounds, parks, summer
and professional centres,
etc. are used to develop skills, including free
expression, in children, whose views are taken into account and who participate
in
decision-making in their programmes in a manner conducive to their welfare
and the fulfilment of their aspirations.
100. It is evident, in the light
of the foregoing, that freedom of opinion and expression, both oral and written,
is fully guaranteed
to the child in the Kingdom of Saudi Arabia in accordance
with the appropriate regulations and, primarily, with the requirements
of the
best interests of the children themselves, without any undue influence or
coercion. In this connection, article 39 of the
Basic System of Government
indicates the manner of participation in mass media activities.
D. Access to appropriate information (art. 17)
101. The State aims, through education, to instil the Islamic faith in the
hearts of children, help them to acquire the necessary
knowledge and skills and
prepare them to become useful members of society and patriots who are proud of
their country’s history.
In accordance with articles 29 and 30 of
the Basic System of Government, the State fosters the sciences, arts and
culture, encourages
scientific research, preserves the Arab and Islamic heritage
and contributes to Arab, Islamic and human civilization.
102. The State
meets all the requirements for social and cultural development through
educational institutions, cultural and scientific
centres, literary and sports
clubs, private and public child welfare institutions, libraries and the mass
media including radio,
television, newspapers and magazines, etc. The ultimate
objective is to develop children’s skills and nurture their creative
abilities within the framework of the development of Saudi
society.
103. To this end, the State earmarks adequate budgetary
allocations, including prizes and incentives for research and
education.
104. Moreover, the State enters into agreements with other
countries to promote cooperation in the development of scientific exchanges
and
appropriate means to facilitate the dissemination of information to children of
all age groups from a variety of international
sources, in order to promote
their cultural and scientific well-being, with special emphasis on protection of
the child from material
injurious to his or her health or cultural and social
well-being.
105. The activities undertaken in the Kingdom to ensure
access to information include:
Libraries
106. In accordance
with article 10 of the sixth strategic basis of the Sixth Five-Year Development
Plan, the State must: “Lay
great emphasis on libraries to accustom
students to make use of such facilities”, and in accordance with article 2
of the eighth
strategic basis of the same Plan, the State must “allocate
space in public libraries for children”.
107. The Kingdom of Saudi
Arabia has made great progress in making all forms of written and audio-visual
information, including information
on the cultures of other peoples, available
at schools, institutes, colleges, public libraries, talking libraries, clubs,
associations
and large parks. In this respect, it facilitates free access to
information through borrowing or legal reproduction systems.
108. Moreover, the State encourages authors and thinkers to contribute
by writing books for children in order to develop their abilities,
broaden their
horizons, acquaint them with the cultures and civilizations of other peoples and
inculcate in them the love of useful
information and knowledge conducive to good
behaviour. The considerable interest of the Kingdom of Saudi Arabia in the
dissemination
of information and knowledge was confirmed when the
Prince Sultan Charitable Institution published the International Arabic
Encyclopaedia,
the first encyclopaedia in the Arabic language, consisting
of 30 volumes.
Lectures and cultural competitions for all
ages
109. These are organized by a number of public and private
institutions with a view to developing the talents of children and disseminating
culture among them.
Scientific centres
110. The State is
helping to make the younger generation aware of modern scientific discoveries
through scientific centres, which
provide information through watching,
listening, writing entertaining games or easy-to-use modern technologies.
Students have free
access to such centres, where they can acquire knowledge in a
cheerful and exciting atmosphere.
111. Likewise, some public parks provide an
appropriate library where children can borrow books, tapes, films or computer
diskettes.
Organization of educational
excursions
112. Visits are organized to vital facilities in the
country in order to acquaint children with their national history and heritage
and strengthen their sense of identity.
Summer
centres
113. These develop children’s skills in a manner
consistent with their age.
Charitable
associations
114. Many of these associations organize programmes and
activities to disseminate science and knowledge among children of all ages
and
contribute to their development.
Journalism
115. Many
newspapers have children’s sections written by a number of writers,
scholars, mothers, educationalists and children
themselves.
Academic
prizes
116. Each region in the Kingdom awards an annual prize for
academic excellence and the Governors of the regions offer donations and
prizes
to gifted students with a view to encouraging cultural, scientific and research
activity in the Kingdom.
Training courses
117. Several
schools, institutes, associations, sports and cultural clubs and vocational
centres organized training courses to develop
children’s skills and
promote cultural and scientific activity.
Student centres, youth
hostels and sports clubs
118. These organize various cultural
programmes, maintain libraries to provide written, recorded and audio
information and host scientists
and scholars to promote the cultural movement in
the Kingdom.
E. Freedom of thought, conscience and religion (art.
14)
119. Article 1 of the Basic System of Government stipulates that: “The
Kingdom of Saudi Arabia is a fully sovereign Arab Islamic
State. Its
religion is Islam. Its constitution is the Holy Koran and the Prophet’s
Sunna (the Prophet’s sayings).
Its language is Arabic
...”.
120. Since Islamic law guarantees the right of children to
protection, and as children normally follow their father’s religion,
parents have the primary responsibility for the welfare, development and
protection of their children, especially in the light of
their physical and
mental immaturity.
121. Under article 7 (b) of the Cairo Declaration of
Human Rights in Islam, “parents or legal guardians have the right to
choose
the form of upbringing they want for their children in a manner
consistent with their interests and their future in the light of
moral values
and the regulations of Islamic law”.
122. Although all Saudi
citizens are Muslims, the State respects the right of non-Muslim residents to
their religious beliefs.
F. Freedom of association and freedom of peaceful assembly
(art. 15)
123. The State encourages the foundation of charitable associations in
accordance with the provisions set forth in the New Charitable
Associations and
Institutions Act No. 107 of 22 January 1990. It regulates the
objectives and statutes in order to ensure that they
achieve their goals and
promote the public interest. Moreover, the State supports these associations
and institutions, in accordance
with Cabinet Resolution No. 610 of 25 May 1975,
by providing monetary, technical, material and emergency aid to enable them to
implement
their programmes.
124. Saudi citizens also offer donations to
these associations in accordance with the Collection of Charitable Donations Act
No. 547
of 31 March 1976. These associations seek, under the auspices of the
Ministry of Labour and Social Affairs, to further socio-cultural
interests and
humanitarian goals without making a profit. It should be noted that membership
of these charitable associations is
voluntary.
125. Saudi society
naturally encourages the establishment of children’s associations in which
the children themselves take part
in organizing the meetings, planning their
work, electing their members and chairmen, and formulating and evaluating their
programmes
in conformity with the best interests of the child, as in the case of
charitable associations, literary clubs and sports federations.
126. The
Kingdom has 160 charitable associations which have been founded by its citizens
as an expression of their desire to serve
their society in collaboration with
the State.
127. The activities of these associations in the field of
child welfare are divided into two categories: one for normal children
and the
other for disabled children. For normal children, they have programmes for
kindergartens, day-care centres and children’s
clubs. In the case of
disabled children, these associations accord high priority to their special
needs through rehabilitation centres
for disabled boys and girls, residential
care centres, orphanages and the provision of assistance for the families of
disabled children.
128. Several youth welfare programmes are designed to promote skills through
the construction of schools and the organization of vocational
training courses
in languages, sewing, computer operation, typing, etc. It is noteworthy that
all sections of society - urban and
rural, male and female - participate in
these associations.
G. Protection of privacy (art. 16)
129. Article 40 of the Basic System of Government stipulates that:
“Telegraphic, postal, telephone and other forms of communication
shall be
confidential. They shall not be confiscated, delayed, inspected or overheard
except as provided by law.” Under article
37: “Homes shall be
inviolable. They shall not be entered without the permission of their
occupants, nor shall they be searched
except in the circumstances specified by
law.”
130. Moreover, other regulations derived from the Islamic
Shariah guarantee privacy and personal liberty, in which no one is permitted
to
interfere as long as they are not a cause of corruption detrimental to society,
prejudicial to others or the subject of a complaint.
It is a punishable offence
for anyone to exploit, help, incite or encourage a child to commit a crime or an
act of delinquency.
131. The law endeavours to safeguard the
child’s dignity, ensures that he or she is not exploited in any way and
urges parents
to protect their children and respect their feelings.
Furthermore, all nurseries and child welfare institutions respect the
child’s
dignity and feelings as a vulnerable human being who deserves
protection, love, care and guidance and must not be subjected to maltreatment
or
exploitation.
H. The right not to be subjected to torture or other cruel, inhuman or
degrading treatment or punishment (art. 37 (a))
132. Islamic law is characterized by its tolerance, forbearance, equality
and justice. In keeping with these principles, article
38 of the Basic System
of Government stipulates that: “That State shall ensure the security of
all its citizens and foreign
residents in its territory. No one shall be
detained, imprisoned or restricted in his actions except as provided by
law.”
Moreover, under the terms of Decree No. M/11 of 7 August 1997, the
Kingdom acceded to the Convention against Torture and Other Cruel,
Inhuman or
Degrading Treatment or Punishment, which was adopted by the General Assembly of
the United Nations on 10 December 1984.
133. Article 5 of the
Detention and Imprisonment Act No. M/31 of 29 May 1978 stipulates that all
prisons and places of detention must
be subject to judicial, administrative,
health and social inspection in accordance with the provisions of the
implementing regulations.
134. In order to fully guarantee the humane
treatment of convicted persons, article 13 of the Detention and Imprisonment Act
stipulates
that a pregnant prisoner or detainee must receive special treatment
from the first signs of pregnancy until 40 days after delivery,
in accordance
with the provisions of the implementing regulations.
135. Article 14 of the same Act further stipulates that a pregnant prisoner
or detainee must be transferred to a hospital when the
time of her delivery
approaches and must stay there until the physician permits her to leave the
hospital, taking into account the
need to protect her health as well as that of
her child.
136. The Act allows the prisoner to engage freely in religious
observance and provides every prison and detention centre with an Islamic
almoner to dispense spiritual guidance, as well as a sociologist, a psychologist
and facilities for education, culture and recreation.
137. Article 28 of
the Act stipulates that no prisoner or detainee shall be subjected to any form
of aggression and that a severe
penalty shall be imposed on any official who
commits an act of aggression against a prisoner or detainee.
138. The
Kingdom observes the principle that a person is presumed innocent until proved
guilty by a competent court, and that he has
a right to defence at all stages of
the proceedings. If this applies to adults, children in the Kingdom obviously
enjoy even more
humane and indulgent care and protection, as provided for in the
Shariah-based Juvenile Justice Act under which special judges are
appointed to
hear cases involving juveniles, whose rights are fully guaranteed at all stages
of the proceedings in accordance with
the Act of 1975. It is noteworthy that
juveniles are tried in special places (social surveillance centres) in
accordance with the
Act of 1969.
139. The regulations stipulate that
the social circumstances of juveniles must be studied before their cases are
heard, that reform
measures must be taken in full confidentiality, and that no
details or photographs of the hearing must be published. The regulations
also
stipulate that no juvenile should be placed in a social surveillance or remand
centre unless social solutions such as guidance,
admonishment, reprimand or
parental undertakings have proved to be of no avail. Moreover, no previous
convictions are entered in
a juvenile’s record, regardless of the number
of times he may have offended. The aim is always to minimize the period of
placement
in a social care institution, from which the juvenile is released as
soon as his conduct improves or he makes progress in academic
achievement.
Under the regulations applicable in Saudi Arabia, a juvenile delinquent is not
compelled to confess to an offence that
he may have committed; he is questioned,
without pressure of any kind, in the presence of a social worker. Juveniles
must be transported
in ordinary vehicles with a civilian escort and must not be
handcuffed. Verdicts against them must be reviewed by a judicial body
(court of
cassation) and they enjoy all their social rights, including visits by their
relatives. They are provided with facilities
for recreation, entertainment,
education and vocational training in a manner conducive to their reform and
selfreliance.
140. It is noteworthy that the Shariah-based regulations
applicable in Saudi Arabia never impose capital punishment for offences
committed
by persons under the age of majority.
141. In fact, the
regulations encourage the release and pardon of juvenile delinquents when their
conduct improves, on the occasion
of Islamic religious holidays or when they
have memorized the Holy Koran. The judge has discretion to order the
juvenile’s
release whenever he deems it appropriate.
PART FIVE. FAMILY ENVIRONMENT AND ALTERNATIVE CARE
142. Under Islamic Law, parents have a responsibility to preserve their
child’s life, ensure his or her well-being, development
and proper
upbringing and guidance and refrain from overburdening him or her. The Prophet
Muhammad said: “Each of you is
a shepherd and is responsible for his
flock ... etc.”
143. Articles 9, 10, 11, 12 and 13 of the Basic
System of Government emphasize the importance of childcare and make full
provision
for the parents to fulfil their duty of guiding their child by
ensuring employment for the parents, and providing preventive and
therapeutic
health services and educational and recreational services free of charge. In
Islam, there are two types of guardianship:
guardianship of person and
guardianship of property. The former is more important for the child who, being
young, needs care and
proper guidance. Therefore, the guardian has an
obligation to respect his ward’s inalienable right in regard to
upbringing,
education, guidance and other matters affecting the child’s
person. This guardianship terminates when the child attains the
age of
majority. It should be noted that, if the guardian abuses his authority by, for
example, endangering the child’s life
or physical or mental health, the
State has the right to take legal action against him in accordance with the
rules of Islamic law.
144. Islam also affirms the need to protect and
endeavour to enhance the financial rights of the child until he or she attains
the
age of majority. God says: “And come not nigh to the orphan’s
property, except to improve it, until he attain the age
of full
strength”.[22]
B. Parental responsibilities (art. 18)
145. Article 5 of the objectives of the social, political and information
services sector, as defined in chapter 11 of the Sixth Development
Plan,
stipulates that this sector shall: “Strengthen family ties, with
particular emphasis on proper childcare, education
and
upbringing”.
146. The State shows great concern for the family, the
basic unit of Saudi society, as required by articles 9, 10, 11, 12 and 13 of
the
Basic System of Government.
147. Under the Shariah-based rules concerning
the rights of the child, parents and legal guardians have a responsibility to
ensure
the happiness of the child and diligently respect the child’s right
to maintenance, kinship, breastfeeding, care, upbringing,
and guardianship.
Articles 7 and 8 of the Basic System of Government clearly state the
Government is based on the Holy Koran, the Prophet’s Sunna,
justice,
“shura” (consultation) and equality in compliance with Islamic
law.
148. Articles 26, 27, 28, 29, 30, 31, 32, 33 and 34 of the Basic
System of Government define the rights and obligations of individuals
and the
State in such a way as to ensure a social environment in which the family can
fulfil its role and duty of securing the happiness
of its
children.
149. Islamic law, through Koranic verses and the
Prophet’s sayings, defines the parents’ duties, such as maintenance,
kinship, breastfeeding, care and guardianship of person. Moreover, the State
provides financial aid for the heads of needy families
under the social security
programmes.
150. The regulations protect children from parental
exploitation or physical, moral or spiritual neglect. The State exerts
consistent
efforts to strengthen family ties, and especially the role of the
mother, and to this end has formulated several socio-cultural and
health
programmes to help mothers to fulfil their duties towards their children in
conformity with the child’s educational
and other everyday requirements.
These efforts include the promotion of cooperation between the family, the
school, institutes,
colleges, cultural and sports clubs, charitable associations
and health services centres in order to ensure comprehensive
welfare.
151. The mass media are endeavouring to make parents more
conscious of their vital role in regard to the cultural, health and educational
development of their children in such a way as to preserve their full dignity
without undue or inhuman pressure.
152. In this connection, the State
renders the following services free of charge to the parents or legal guardians
in order to help
them to perform their duties and responsibilities:
Free education at all stages. In addition, the State pays allowances to students attending university, technical and vocational institutes and special education programmes;
Private and public social services centres;
Cultural and sports clubs;
Youth welfare centres, which provide opportunities for young persons to spend their leisure time in a manner conducive to the development of their abilities and their physical and socio-cultural welfare;
Social welfare, guidance and surveillance centres, care and rehabilitation centres and institutions for the crippled and disabled, which help needy families in the event of divorce, disability or death. These centres provide accommodation, meals and health, psychological, social, recreational, educational and cultural services for the children of these families;
Youth hostels of which young persons can avail themselves during their cultural, heritage and educational tours;
Libraries and public parks;
Welfare centres for orphans and the disabled, operated by the State and some charitable associations;
Day-care centres;
Language-teaching centres and kindergartens;
Vocational training centres;
Summer centres and camps;
Various information services;
Scientific research centres;
Special education institutes and programmes;
Health services and hospitals;
Kafala (guardianship) programmes for children and orphans;
Social security programmes and various forms of assistance;
Incentive programmes and prizes for students who excel in academic achievement and scientific research;
Internal and external scholarship programmes.
C. Separation from parents (art. 9)
153. The family is the natural environment for the child from birth until
the age of majority. However, in spite of the efforts exerted
to strengthen
family ties, one of its basic constituents may be lost, thereby rendering its
environment unfit for child rearing.
In this case, separation is necessary in
the best interests of the child. Whenever guardianship is withdrawn from
parents due to
illness, long imprisonment, death or unfitness to bring up
children, the State makes appropriate arrangements for the welfare of
children
from 7 to 18 years of age through public or charitable social welfare
institutions pursuant to Decree No. 611 of 25 May
1975. For children below
seven years of age, the State has established welfare centres under the terms of
Decree No. 156 of 20 February
1975, in addition to the centres operated by
charitable associations.
154. In effect, due regard is shown for the
desirability of continuity in a child’s upbringing in his or her family
even if
the child commits an offence, as long as it is not grave enough to
warrant placement in a surveillance centre and separation from
the family in the
child’s best interests. This is also the case when it is impossible to
reform the child’s behaviour
through simple discipline, guidance,
reprimand or delivery into the custody of the family under pledge of good
upbringing, reform
and guidance or through placement in a public sanatorium in
the event of illness.
155. In some cases, the child is delivered into the
custody of the guardian. If, due to illness or incapacity, the guardian is
unable
to ensure the child’s reform, the child is delivered into the
custody of a relative or any other trustworthy person of good
repute who
undertakes to bring up the child and has the desire and ability to do so.
Likewise, it is permissible, under the Shariahbased
regulations to withdraw
guardianship from one or both parents or the legal guardian if they are
convicted of rape or indecent assault,
imprisoned for a long term or ill-treat
or pose a threat to the health, safety or morality of the child. In such a
case, the judge
may assign the guardianship to one of the child’s
relatives who meets the requisite conditions or places the child in a social
welfare institution until a relative or trustworthy person capable of caring for
the child is found or until the child reaches the
age of
20.
156. Children under seven years of age whose best interests require
separation from their parents, are placed in a welfare institution.
The
statutes of welfare institutions as well as prisons allow the child to stay with
his or her mother if this is in the child’s
best interests. A child who
is remanded in custody is permitted to receive regular family visits and is
provided with every facility
needed to ensure his or her reform, rehabilitation,
education, safety and reintegration in normal life. Such children enjoy the
same rights as other children and previous convictions are not entered in their
record, regardless of the number of times they may
have
offended.
157. The persons in charge of welfare and surveillance centres
take measures to maintain the child’s links with his or her family.
Children are separated from their families or guardians if the latter are found
to be remiss in their duty or unduly harsh in their
treatment (e.g. confinement
of the child in an enclosed area) or it they are convicted of the crime of
adultery, indecent assault,
incitement of the child to debauchery or other forms
of child exploitation.
158. Article 5/2 of the policies set forth in the
Sixth Development Plan stipulates that the State shall endeavour to develop the
activities and programmes of juvenile welfare institutions in a manner
consistent with the successive social and economic changes.
Article 6/1 of the
same Plan further stipulates that the State shall continue setting up
social-welfare centres to accommodate and
care for orphaned children and
children with special needs.
D. Family reunification (art. 10)
159. Articles 9, 10, 11, 12 and 13 of the Basic System of Government
stress the need to consolidate family ties, to provide health,
education,
security, food, water and other vital services in all urban and rural parts of
the Kingdom without compelling anyone to
live in a specific place, to grant
citizens as well as foreign residents the right to enter, leave and return to
the country without
any restriction except as provided for in the Travel and
Immigration Regulations, which are consistent with their safety, security
and
other requirements. Moreover, foreign residents have the right to bring their
families, in accordance with specific regulations,
in order to enjoy an
appropriate family environment.
160. The State ensures that all citizens,
whether inside or outside the country, enjoy all the rights to which they are
entitled through
acquisition of Saudi nationality. The regulations guarantee
family reunification in accordance with Islamic law, and oblige parents
to
assume their responsibilities, and children to fulfil their duties towards their
parents. God says: “And among His signs
is this, that He created for you
mates from among yourselves, that ye may dwell in tranquillity with them and He
has put love and
mercy between your
(hearts)”.[23]
“And we have enjoined on man (to be good) to his parents: in travail upon
travail did his mother bear him. And in years
twain was his
weaning”.[24]
E. Recovery of maintenance for the child (art. 27, para. 4)
161. Under the Shariah-based regulations, the head of the family has an
obligation to maintain his wife and children and, if he fails
to maintain them,
while capable of doing so, he is liable to the penalty prescribed by Islamic
law.
162. The Social Welfare Institutions Act, promulgated in Decree No.
185 of 8 August 1967, specifies the conditions for the maintenance
of orphaned
children and other children who are no longer maintained by reason of their
parents’ or guardians’ illness,
criminal conviction or remissness,
in order to prevent juvenile delinquency. Likewise, the State guarantees the
provision of social
assistance for needy families through social security
programmes or through application of the regulations governing the Kafala
of orphans and juveniles in accordance with the situation of the juvenile
requiring assistance. Moreover, at the request of an incapacitated
guardian,
children can be placed in social education centres or included in social
security or kafala programmes as required by the best interests of the
child. In addition to accommodation, food, clothing and education, the State
provides children placed in social welfare institutions with every facility for
recreation, sports and rehabilitation until they
reach 20 years of age and
become selfreliant or until one of their relatives or another person meeting the
requisite conditions undertakes
to maintain them.
F. Children deprived of a family environment (art. 20)
163. The State caters for the full welfare of children deprived of a
family environment through various programmes, such as: orphans’
welfare
programmes, social education centres, social security programmes and the
orphans’ kafala system; all these programmes give paramount
consideration to the best interests of the child. Furthermore, many charitable
associations
run various health, social, educational, cultural and accommodation
programmes including full guardianship in accordance with the
stipulations of
the Orphans’ Kafala Statute.
164. The centres for the
disabled provide comprehensive care for disabled children in accordance with
their special circumstances,
including accommodation, rehabilitation, treatment,
education, guardianship, day care and other services in a manner conducive to
the child’s best interests, health and social
development.
165. Besides these foregoing institutions, social welfare
institutions accept children below seven years of age who are deprived of
a
family environment and ensure that they enjoy guardianship, welfare, education
and protection programmes in accordance with their
needs.
G. Adoption (art. 21)
166. The State applies the Kafala of Islamic Law, which secures
the child’s right to life in conditions that guarantee freedom and
dignity, promote the child’s
development and enable the child to manifest
his or her talents in the future.
167. The State has laid down, in
compliance with Islamic law, the conditions governing Kafala and
alternative families in a manner consistent with the best interests of the child
as it requires that a woman or a family who
wishes to assume a Kafala
should be of good reputation and health and sound social and financial standing.
Moreover, assistance is earmarked for needy alternative
families and programmes
have been designed to monitor the manner in which alternative families fulfil
their responsibilities and
ensure that they do not mistreat children under the
kafala system. Article 4/1 of the policies set forth in the Sixth
Development Plan calls for the encouragement of foster and alternative
families
and support for their efforts to ensure the welfare of orphaned children and
children with special needs.
H. Illicit transfer and non-return of children abroad (art. 11)
168. The State protects children during travel and ensures their safety.
The custody of expatriate children is regulated in accordance
with the
Shariah-based regulations, which guarantee the children’s
interests.
I. Abuse and neglect (art. 19), including physical and psychological
recovery and social reintegration of the child (art.
39)
169. The State has laid down regulations to protect all members
of society, and especially children, from exploitation, neglect and
inhuman
treatment. It makes the individual the cornerstone of the development process
pursuant to articles 26, 27, 28, 29, 30, 31,
32, 33, 34, 35, 36, 37 and 38 of
the Basic System of Government, in addition to articles 147, 160, 161, 162
and 163 of the Labour
Code promulgated in Decree No. M/21 of 16 November
1969, as well as articles 7, 12, 13, 14, 15, 16, 17, 18, 19, 21 and 28 of the
Detention and Imprisonment Act promulgated in Decree No. M/31 of 29 May 1978.
These regulations concerning children can be outlined
as follows:
They ensure protection and care for children, prohibit their exploitation and impose a severe penalty on anyone who exploits them.
The right to guardianship of minors is forfeited if the guardian fails to assume his responsibility to protect the child.
They guarantee the child’s rights to maintenance, breastfeeding, family kinship, name, nationality and all other rights pertaining to survival and development.
They ensure health, education and security free of charge, guarantee the welfare of orphans and children of unknown identity and facilitate access to education and rehabilitation in a manner consistent with the child’s aspirations and hobbies.
They provide for the establishment of cultural and sports clubs and parks equipped with libraries and playgrounds.
They provide for the dissemination of all types of knowledge and information through the mass media, seminars, competitions and forums with a view to ensuring the comprehensive welfare of children of all ages, regardless of their health and social circumstances.
They award prizes and incentives for excellence in academic achievement and scientific research.
They establish social welfare institutions, take care of orphan and grant benefits to needy persons.
Through the reform programmes implemented at the surveillance centres, they rehabilitate juvenile delinquents and enable them to reintegrate in society and enjoy the same rights and opportunities as other citizens.
They assist sick and disabled persons, after recovery or rehabilitation, to participate in the development process.
They allow citizens to participate in the provision of all forms of social services in order to achieve comprehensive social solidarity in a manner conducive to mutual respect and cooperation among all sections of society without discrimination of any kind, irrespective of colour, religion, ethnic origin or financial status.
PART SIX. BASIC PUBLIC HEALTH AND SOCIAL WELFARE
170. The Kingdom of Saudi Arabia shows considerable concern for the
health sector and provides health care free of charge to all citizens.
In this
connection, article 31 of the Basic System of Government stipulates that:
“The State shall show concern for public
health and shall provide health
care for every citizen”. Article 27 of the Basic System of Government
affirms that: “The
State shall guarantee the rights of its citizens and
their families in an emergency or in the event of sickness, disability or old
age. Likewise, it shall support the social security system and encourage
individuals and institutions to contribute to charitable
works”. Article
32 of the Basic System further stipulates that: “The State shall
endeavour to conserve, protect and
develop the environment and prevent
pollution”.
171. To affirm the leading role of the State in the
field of health and social welfare, paragraph 2 of the eighth strategic
basis
enshrined in the general objectives and strategic bases of the Sixth
Development Plan (1995-2000) indicates that the State shall
provide enhanced
care for children in all fields and at all levels by:
Enlightening mothers about the various aspects of childcare and eradicating illiteracy among them;
Developing welfare programmes for juvenile delinquents;
Stressing the importance of maternal and child health care with a view to completing the coverage of child immunization against infectious diseases;
Allocating space for children in public libraries.
172. Paragraph
(c) of article 11.1.5.1 in chapter 11 of the Sixth Development Plan, entitled
“The objectives of the health services
sector”, requires the
promotion of primary health-care programmes, particularly maternal and child
programmes, and the achievement
of full vaccination coverage of children against
infectious diseases.
173. Paragraph 1 of article 11.1.5.2, entitled
“Policies in the health services sectors”, requires the prevention
of communicable
diseases, the organization of periodic health check-ups for
children and the extension of immunization against infectious diseases
to cover
all children.
174. The Ministry of Health is the government agency with
overall responsibility for preventive and therapeutic health-care services,
rehabilitation and training activities, research and health education
programmes. A number of government agencies also provide health-care
services
for their employees and their families, including: the Ministry of Defence and
Aviation, the National Guard, the Ministry
of Interior, the Ministry of
Education, the General Presidency of Girls’ Education, the Royal
Commission for Jubail and Yanbu
and large corporations like the Saudi Arabian
Oil Company (Saudi Aramco). The Saudi Red Crescent Society provides emergency
medical
services and assists pilgrims during the Hajj (pilgrimage) through its
huge fleet of ambulances, with a view to rendering field first-aid
services and
transporting emergency cases to medical centres.
175. The Saudi
universities provide health-care services for students and citizens and make
considerable contributions to research
and medical training. In addition, the
private health sector and charitable associations play a key role in the field
of health
care and provide 23 per cent of all health services.
176. The
Ministry of Health supervises the provision of preventive and therapeutic health
and training services at the hospitals,
primary health-care centres and medical
institutes and colleges that have been established in all parts of the
Kingdom.
177. The State approved the formation of hospital
patients’ friends committees and district health committees for the
purpose
of promoting closer links between the providers and beneficiaries of
health services. The community is represented in each of these
committees by a
select group of male and female beneficiaries from all types of health services,
who participate effectively in the
planning, implementation and evaluation of
the health programmes.
178. According to the Ministry of Health
statistics published in 1996, there were 285 hospitals, comprising 41,916 beds,
and 1,731
primary health-care centres distributed throughout the
Kingdom.
A. Survival and development (art. 6, para. 2)
179. The health and social programmes, which are designed to ensure the
survival and development of the child, seek to guarantee the
child’s
protection and welfare before as well as after birth. These programmes show due
regard for health education in compliance
with Islamic teachings and encourage
marriage to non-relatives so as to avoid hereditary diseases. God says,
“Verily, we created
man from a drop of mingled
sperm”.[2] Islamic law
urges parents to safeguard their children; “Kill not your
children”[2], “I
will create a vicegerent on
earth”.[2] The
regulations applicable in the Kingdom encourage making medical examinations
before marriage.
180. According to the official statistics for 1996,
pregnancy check-up coverage amounted to 94 per cent, the proportion of
deliveries
by trained professionals in health institutions amounted to 92.2 per
cent of all births, and postnatal care coverage amounted to
92 per
cent.
181. The following are among the programmes that promote the
survival of the child:
The “healthy child clinics” programme, which aims to ensure the early diagnosis of hereditary diseases and growth and nutrition problems among children. It also aims to ensure comprehensive monitoring of the general state of health of the children, protect them from diseases and epidemics and give advice and guidance to mothers concerning the proper health care of their children at all states of development;
The extended vaccination programme, which seeks to vaccinate all children against infectious and dangerous diseases and to totally eliminate such diseases;
The homevisit programmes for children and pregnant women;
Health
education programmes;
Diarrhoea control programmes;
Environmental sanitation programmes and programmes to combat carriers and
causes of diseases;
Child nutrition monitoring and education programmes, and programmes to provide safe drinking water, in collaboration with the competent authorities, and direct therapeutic services, including check-ups, examination guidance and counselling for all family members;
Programmes to control chronic diseases among children, such as hypertension, diabetes and psychological disorders;
Programmes to control asthma and acute respiratory infections among
children.
B. Public health and health services (art. 24)
182. Health is a right of all citizens, guaranteed by the State pursuant to
article 31 of the Basic System of Government. The State
provides assistance and
comprehensive care for all citizens in an emergency or in the event of sickness,
disability or old age pursuant
to article 27 of the Basic System of Government.
The Ministry of Health supervises the provision and development of preventive
and
therapeutic health and rehabilitation services in collaboration with other
government agencies which provide health-care services
for their employees and
their families.
183. The supervision of the health services provided by
the private sector also lies within the competence of the Ministry of Health,
in
order to safeguard public health measures, achieve the overall health
objectives, ensure the safety of citizens, and guarantee
health services of the
highest quality. The Ministry of Health also oversees the registration and
issuance of licences for persons
working in the health sector as well as those
working in the field of the manufacture and importation of pharmaceuticals. In
addition,
the universities provide medical services for their staff, students
and administrators and make valuable contributions to medical
research and
training.
184. The Ministry of Health acts through target-oriented plans
which define its priorities. It has earmarked enormous budgets for
the
provision of the most modern medical equipment for diagnosis, treatment, the
establishment of health facilities and their operation
by the most qualified
medical teams. It is also implementing several academic and training programmes
in various fields of medicine,
nursing, technology, sociology and psychology so
as to meet the technical needs of the various branches of medicine.
Furthermore,
it provides medicines, vaccines, serums and means to diagnose and
prevent diseases.
185. The health services in the Kingdom are designed
to:
(i) Eliminate infectious and endemic diseases;
(ii) Promote maternal and child health programmes, in coordination with the Ministry of Education and the General Presidency of Girls’ Education, in order to achieve the goals of school health;
(iii) Provide all members of society with easy access, at all times, to free diagnostic and therapeutic services and laboratory tests in populated areas;
(iv) Achieve comprehensive coverage of preventive, therapeutic and rehabilitation services in all towns, villages and hamlets through primary health-care centres, public hospitals and specialist hospitals which meet the highest standards of medical technology, including open-heart surgery, organ transplants, treatment of tumours, etc.; and also to conduct medical research to upgrade the standard of services and eliminate disease;
(v) Render health education services. Hospitals run by the Ministry of Health adopt the system of referral to specialists and consultants for patients who require specialized treatment;
(vi) Rectify erroneous concepts and beliefs regarding health, nutrition and medication through proper guidance, monitoring and specialized programmes;
(vii) Ensure environmental sanitation and provide safe drinking water in coordination with the competent authorities;
(viii) Extend immunization against serious infectious diseases;
(ix) Monitor chronic diseases;
(x) Provide psychological and mental health services;
(xi) Provide care services for the aged;
(xii) Provide dental services;
(xiii) Train medical personnel, broaden their experience and enhance their efficiency in all technical and administrative fields.
186. The family health programmes, which are mainly
concerned with maternal and child health care, include a set of objectives, the
foremost of which are:
(i) Reduction in mortality and morbidity rates among mothers, infants and children;
(ii) Enhancement of maternal health and pregnancy monitoring;
(iii) Early diagnosis of hereditary diseases and child growth and nutrition problems in order to ensure, to the maximum extent possible, the normal development and protection of the child throughout his or her life;
(iv) Comprehensive health education concerning pre- and post-natal maternal and childcare;
(v) Conduct of research on family health.
The Operational Plan of the Ministry of Health within
the Sixth Development Plan (1995 2000)
187. The operational
plan of the Ministry of Health includes specific policies and objectives
designed to promote child welfare; for
instance: article 1/2 of the policies of
the plan requires ongoing provision of the minimum primary health-care services,
including
the health register, control and prevention activities against
communicable and parasitic diseases, maternal and child health care,
health
education, environmental sanitation and treatment by general
practitioners.
The plan also specifies the following
objectives:
To increase child immunization coverage by the end of the
Plan as follows:
from 94 per cent to 97 per cent for diphtheria, whooping cough, tetanus and poliomyelitis;
from 90 per cent to 97 per cent for measles;
from 92 per cent to 95 per cent for hepatitis B;
from 94 per cent to 99 per cent for tuberculosis;
and to maintain
the current 99 per cent rate of immunization against tuberculosis;
To
reduce the incidence of diarrhoea per child from 3.8 to 2.0;
To reduce the child mortality rate from diarrhoea from 6 to 3 per 100,000 live births. It should be noted that the present rate achieved by the Kingdom is 1.06 per cent per 100,000 live births;
To increase the use of Oral Rehydration Therapy (ORT) for children affected with diarrhoea from 72 per cent to 90 per cent;
To decrease the proportion of newborn infants whose weight is less than 2,500 grams from 6 per cent to 2 per cent;
To increase the percentage of children under five years of age whose weight is commensurate with their ages from 92.7 per cent to 98 per cent;
To raise the percentage of pregnant mothers receiving antenatal care by health professionals from 86.6 per cent to 97 per cent;
To increase the immunization coverage of pregnant mothers against tetanus from 63 per cent to 85 per cent;
To increase the percentage of deliveries by health professionals from 90 per cent to 95 per cent;
To increase the percentage of pregnant women receiving health care during delivery from 87 per cent to 95 per cent;
To increase the percentage of mothers who practise breastfeeding during the first four months after delivery from 93 per cent to 95 per cent.
188. The following are some health indicators from the Ministry of Health
statistics for the year 1996:
Description |
% |
Crude birth rate per 1,000
|
35.2
|
Crude mortality rate per 1,000
|
7.6
|
Population growth rate
|
3.7
|
Life expectancy at birth
|
70 years
|
Infant mortality rate per 1,000
|
21
|
Under-five mortality rate per 1,000
|
31
|
Maternal mortality rate per 100,000 live births
|
17.6
|
Immunization coverage:
Description |
% |
Triple vaccine and polio (3 doses)
|
96
|
Measles vaccine
|
94
|
Tuberculosis vaccine
|
94
|
Hepatitis B vaccine
|
95
|
Triple virus vaccine (MMR)
|
91
|
Expenditure on health in Saudi riyals:
Description |
Amount |
Average per capita share of budget
|
SR 25 244
|
Per capita public health expenditure of Ministry of Health
|
SR 2 000 |
Proportion of budget spent on health
|
89%
|
Under-five morbidity rates from infectious diseases per 100,000 live
births:
Description |
% |
Diphtheria
|
0.0
|
Pertussis (whooping cough)
|
0.31
|
Neonatal tetanus (per 1,000 live births)
|
0.06
|
Poliomyelitis
|
0.0
|
Measles
|
13.12
|
Tuberculosis
|
11.16
|
Mumps
|
12.30
|
German measles (rubella)
|
2.44
|
Diarrhoea control programmes:
Description |
% |
Availability of Oral Rehydration Therapy (ORT)
|
100
|
ORT utilization rate
|
93.5
|
Under-five mortality rate from diarrhoea
per 100,000 live births |
1.06 |
Maternal and childcare services:
Description |
% |
|
|
Antenatal care
|
94
|
Delivery in health institutions
|
92.2
|
Post-natal care
|
92
|
189. It should be noted that polio and diphtheria have been totally
eliminated, while the morbidity rate from infectious diseases
in the Kingdom is
quite low. Likewise, malnutrition diseases among children have vanished except
for obesity diseases which are
now treated through Healthy Child Clinics and
health education programmes for mothers.
190. Moreover, the State,
seeking to promote child health, provides therapy and rehabilitation services
for children who suffer from
speech defects or psychological problems. It has
also introduced specialized programmes to train health teams to render
psychological
health services for children under the supervision of qualified
specialists at hospitals and health centres.
191. The School Health Units
which are run by the Ministry of Education and the General Presidency of
Girls’ Education, provide
school health services in a manner consistent
with the inherent right to life, survival and development pursuant to article 6
of
the Convention on the Rights of the Child, and also provide therapeutic
services as required by article 24 of the Convention, in
coordination with the
health programmes supervised by the Ministry of Health in order to avoid
duplication and safeguard the best
interests of the child.
192. The
purpose of school health services is to:
Promote the healthy development
of children of school age;
Monitor and prevent the spread of epidemic
and contagious diseases;
Provide environmental sanitation at school through field visits by health teams and monitoring of playground injuries and child accidents;
Monitor school environmental protection inside classrooms, toilets and
canteens;
Ensure full immunization against fatal diseases;
Train
the school Red Crescent societies;
Provide health care for girls and
prepare them to become mothers;
Supervise social, psychological and
mental health programmes for students;
Implement programmes for the early diagnosis of hereditary diseases, such as visual and hearing handicaps, and dental hygiene;
Conduct medical examinations of new students, as well as periodic check-ups
of all students, maintain a medical record for every
student, provide
appropriate treatment and refer emergency cases to the hospitals;
Promote health awareness of worldwide diseases, such as sexually transmittable diseases and AIDS, as well as oral and dental hygiene and the dangers of smoking and drugs;
Emphasize the importance of proper nutrition for students.
C. Disabled children (art. 23)
193. The incidence of disability resulting from pregnancy and natal and
post-natal problems has dramatically decreased in the Kingdom,
by the grace of
God, as a result of the services rendered by the State to ensure a decent life
and proper nutrition for Saudi families
and their children, to provide
comprehensive care for pregnant women and to extend the immunization coverage of
children. The progress
made in health care safeguards the lives of children
born with severe disabilities due to hereditary and other factors. Accidents
remain the principal cause of disability among children.
194. In
accordance with article 27 of the Basic System of Government, the State
guarantees the rights of its citizens and their families
in an emergency or in
the event of sickness, disability or old age. Likewise, it supports the social
security system and encourages
individuals and institutions to contribute to
charitable works. Paragraph 3 of the eighth strategic basis of the Sixth
Development
Plan calls for greater concern for the disabled and the introduction
of national programmes for their rehabilitation and welfare.
195. The
special care provided for disabled children is supervised by a number of
specialists in educational and rehabilitation institutions
run by the Government
or by private or charitable associations. In this regard, great emphasis is
laid on the development of the
residual capacities of physically or mentally
disabled children through programmes, institutes and centres which provide
medical,
social, psychological and personal care, physiotherapy and medical
rehabilitation services for children suffering from multiple and
severe
disabilities who cannot be rehabilitated within their families.
196. The
specialized programmes for the disabled in the Kingdom of Saudi Arabia
include:
1. Welfare and rehabilitation services
Vocational rehabilitation programmes for males and
females to enable them to acquire some vocational abilities consistent with
their
mental, motor or psychological disabilities. This is done either in
vocational rehabilitation centres or at places of work, such
as workshops or
factories. Every trainee is paid a monthly stipend until he obtains a job and a
financial subsidy of up to SR 50,000
is granted to a graduate who wishes to set
up an enterprise of his own.
Social rehabilitation programmes are available at comprehensive
rehabilitation centres for severely disabled children. They include
accommodation, food and clothing services, medical, social and psychological
welfare and physiotherapy. There are 16 such centres
in various parts of the
Kingdom.
Crippled children are cared for at specialized centres which cater for their social, health, psychological, cultural and recreational welfare through boarding and non-boarding sections.
Day-care centres serve severely disabled children, who return to their
families in the evening.
Ongoing subsidies are granted to the parents of disabled children to help them to provide full care for their children. These subsidies amount, on average, to SR 200,000,000 per year.
There are more than 20 centres for medical rehabilitation and prosthetics
run by the Ministry of Health, charitable and private associations
and various
government agencies which provide health services for their employees. These
centres render very sophisticated services,
in accordance with the most modern
methods of rehabilitation, which are free of charge except in the centres run by
the private sector.
There is also a centre to conduct research, upgrade
rehabilitation services and develop the manufacture of prosthetics under the
supervision of Saudi specialists. Citizens participate in the funding of these
centres, which develop and produce many orthoses
and prosthetics that are
available free of charge to all who need them.
Voluntary and charitable services are rendered by charitable associations
throughout the Kingdom which provide accommodation, education,
training, medical
care, physiotherapy and transport services for disabled persons, as well as
assistance for their families. The
Handicapped Children’s Society in
Riyadh is the most prominent of these specialized associations, which receive
considerable
support from the State.
A National Committee on Services for the Disabled, in which various government, private and charitable institutions participate, has been formed to coordinate and promote efforts to assist the disabled.
197. The following table shows the number of social welfare centres and
institutions by type, as well as the number of beneficiaries,
in the year
1997/1998.
Type of institution |
Number of centres and institutions |
Number of beneficiaries |
|
Social welfare, guidance and
|
20
|
|
|
surveillance centres
|
|
|
|
Social education centres
|
14
|
|
|
Social and vocational rehabilitation centres
|
21
|
|
|
Social service centres and welfare institutions
|
29
|
|
|
Social development committees
|
84
|
|
|
Total |
168 |
107 943 |
|
Charitable associations
|
Established by 1997/98
Foreseen by the end of the plan period |
160
177 |
905 000 |
Cooperative associations
|
Established by 1997/98 Foreseen by the end of the plan period
|
161
167 |
250 000 |
2.
Educational and pedagogical services
198. Special education was introduced in the Kingdom of Saudi Arabia in 1959, when the first programme to teach the blind was established at Riyadh. Great progress was subsequently made in the field of education of the disabled and other special categories until the number of governmental and private institutes and programmes amounted to 160 in 1997, distributed throughout the Kingdom and supervised by the Ministry of Education and the General
Presidency of Girls’ Education. These institutes provide services for
children with visual, hearing, mental, physical and multiple
disabilities, and
other special categories such as children with learning difficulties,
etc.
199. The Kingdom’s public educational policy devotes a
complete chapter to welfare of the disabled, in addition to a number
of general
sections.
200. Institutes and programmes run by the Ministry of Education
and the General Presidency of Girls’ Education provide not only
education
but also other free services, such as health, psychological and social welfare
and accommodation, food and clothing for
children who cannot enrol in programmes
near their homes. These services are fully supervised in such a way as to
ensure an integrated
Islamic upbringing.
201. The programme of study in
these institutes and programmes is similar to that in the general educational
curricula, with a few
modifications appropriate to the type of
disability.
202. A monthly stipend, ranging from SR 300 to 450 according
to the educational stage, is paid to all the aforesaid categories, both
male and
female, to encourage them to seek knowledge.
These categories are also
provided with the following ancillary services free of charge:
(i) The talking library for the blind;
(ii) Hearing and speech centres;
(iii) Special education Braille printing presses;
(iv) Special equipment, appliances and aids appropriate to the needs of disabled children.
(v) Cultural and awareness programmes such as:
Preparation of radio programmes (AlNoor Institutes for the Blind and AlAmal Institutes for the Deaf);
Printing and distribution, free of charge, of the Holy Koran and some scientific and cultural publications in Braille inside and outside the Kingdom;
Preparation of educational, scientific and other informative pamphlets;
Integration of disabled children, with their normal peers, in cultural, artistic events and sports, scout camps and national festivals inside the Kingdom and abroad.
203. Special education teacher training has been organized by:
(i) Opening a special education department in King Saud University;
(ii) Recruiting qualified teachers who hold higher academic degrees in special education;
(iii) Encouraging teachers to attend the specialized courses available in the Kingdom and abroad;
(iv) Participating in specialized meetings, seminars and conferences convened in the Kingdom and abroad;
(v) Delegating a number of national specialists to pursue postgraduate studies in various types of disabilities;
(vi) Granting a monthly bonus, equivalent to 20-30 per cent of their salary, to encourage specialists to engage in this field;
(vii) Establishing the Prince Salman Centre for Disability Research within the framework of the projects of the Handicapped Children’s Society.
204. At the present time, special attention is focused on
certain developmental aspects, the most significant of which are:
(i) Application of methods to integrate the disabled with their normal peers through classes attached to general education schools, sources room programmes and the travelling teacher programme, in such a way as to ensure a less isolated educational environment in accordance with the nature and degree of the disability;
(ii) The need to make special education programmes available at all educational stages, starting from the kindergarten, with more flexibility in regard to age of admission and promotion from one stage to another;
(iii) Cooperation with regional and international organizations and specialized institutions with a view to exchanging experiences and upgrading the services in this field;
(iv) The need to focus on secondary-level vocational curricula for the deaf and the development of vocational skills through other programmes;
(v) Subscription to specialized federations and organizations such as the World Federations of the Blind and the Deaf.
3. Facilities and aids
205. The disabled are accorded facilities conducive to their dignity and
well-being, such as:
50 per cent discount for the disabled and persons accompanying them on all
travel tickets by land, by air or by sea;
Making orthoses and audio-visual aids available free of charge;
Allocating parking areas for the disabled on public roads, in parks and
recreation areas and at government offices and airports in
order to provide them
with easier access thereto;
Granting paraplegics an allowance to convert their vehicles to manual
control;
Giving the disabled an opportunity to participate in various sports and
cultural competitions at the national and international levels;
Founding a federation for disabled sports with 10 training centres in 10
regions of the Kingdom;
Forming committees for the coordination of services for the disabled;
Providing employment opportunities;
Providing home care;
Customs exemption for their equipment;
Providing specialized libraries, such as the talking library, and audio books;
Governmental and charitable aid, as Muslim society is characterized by
cooperation, solidarity and charitable works, including care
of the
disabled.
D. Social security and child-care services and facilities (arts. 26 and 18, para. 3)
206. The State shows considerable concern for child welfare through the
Social Security Act No. 19 of 19 August 1962, which makes
provision for
financial aid, and social benefits including:
Special allowances for the children of needy families;
Pensions for orphaned children who have lost one or both parents, even those whose mothers work or whose fathers are unknown;
Financial aid for children who are found to be needy after a study of their social situation. The tenth paragraph of the eighth strategic basis of the Sixth Development Plan stipulates that the State shall: “Pay greater attention to social welfare programmes in all fields and shall promote private sector participation by encouraging the establishment of more private benevolent associations”;
Provision of day-care services for children through social welfare centres for both boys and girls and charitable associations which endeavour to meet appropriate social and environmental standards in order to help children to participate more effectively in developing their society through:
Kindergarten programmes;
Children’s summer clubs;
Day-care crèches;
Educational programmes;
Support of youth clubs;
Summer camps;
Courses in memorization of the Holy Koran, typewriting, computer operation, calligraphy, electricity and first aid;
Sports and cultural activities, exhibitions, folklore and heritage festivals;
Scientific clubs and museums;
Skill development and further training.
207. The role that the State
is playing in regard to the welfare of the disabled is evident in the national
development plans. For
example, article 2-14 of the policies of the Sixth
Development Plan (1995-2000) calls for endeavours: “To improve
educational
services for the disabled so as to include persons with defective
vision, hearing or speech”. Likewise, article 2-15 of the
same plan calls
for the dissemination of specialized library services, like talking libraries
and audio books. Article 8-2 requires
cooperation with the competent
authorities in the field of the early diagnosis of disability, as well as public
awareness of the
best ways to avoid it. Slightly disabled children should be
enrolled at regular schools while severely disabled children should
be referred
to specialized institutions (article 8-4). Moreover, article 2-10 stipulates
that kindergarten and nursery programmes
should be supported, expanded and
disseminated throughout the Kingdom.
E. Standard of living (art. 27, paras. 1-3)
208. The average annual income of the Saudi citizen is SR 25,244 according to
the Ministry of Finance statistics for the year 1996.
However, the State
provides a range of health, social and educational services free of charge to
raise the standard of living and
accelerate the pace of socio-economic
development for the benefit of individuals and families in conformity with the
programmes designed
to improve family income levels, such as:
Social security programmes;
Vocational training programmes for various crafts and support for the establishment of individual enterprises through assistance and loans;
Educational and health services for all ages. Moreover, the State pays monthly stipends to students at some educational stages and offers incentives for the gifted students;
Provision of housing through Real Estate Development Funds by offering loans for the construction of appropriate dwellings, constructing houses and distributing them to families or granting land free of charge for housing, agricultural and industrial purposes. By 1996, 1,400,000 plots of residential land had been granted to Saudi citizens;
Support for the investment projects of farmers and entrepreneurs and for the establishment of factories and hospitals and real estate investment projects;
Support for cooperative and charitable associations and social development projects;
Orphan kafala and marriage and widow’s allowances programmes through the State social services and charitable associations;
The Social and Real Estate Credit Bank.
209. It is easy to see that
all these programmes are closely related to the objectives of raising
children’s standard of living,
ensuring a better future for them, granting
them an opportunity for effective participation in various fields of development
and
assisting parents, especially those who suffer from a disability or
disease.
210. Furthermore, articles 20, 21 and 22 of the Basic System of
Government affirms that the State shall impose fees only on an equitable
basis
and when the need arises; Zakat (alms tax) shall be levied and disbursed for its
legally specified purposes and economic and
social development shall be promoted
in accordance with a methodical and equitable plan.
PART SEVEN. EDUCATION, TRAINING, LEISURE AND CULTURAL ACTIVITIES
education (art. 29, para. 1 (a) and
(b))
211. A Higher Council oversees education in the Kingdom of
Saudi Arabia and lays down the educational policies and objectives. These
policies are implemented by the following government agencies:
The Ministry of Education, which is responsible for male education up to the
preuniversity level, in addition to teacher training
in specialized
colleges;
The General Presidency of Girls’ Education is responsible for female
education, in addition to the supervision of some intermediate
and university
colleges;
Technical, vocational, health, military and schools institutes and colleges,
which are run by the sectors concerned;
The Ministry of Higher Education, which supervises university
education.
212. Article 30 of the Basic System of Government
stipulates that the State shall provide public education and shall commit itself
to the eradication of illiteracy. Likewise, article 29 affirms that the
State shall foster the sciences, arts and culture, encourage
scientific
research, preserve the Arab and Islamic heritage and contribute to Arab, Islamic
and human civilization. Moreover, article
13 stipulates that the aim of
education is to inculcate the Islamic faith in the young generation and develop
their knowledge and
skills so that they can become useful members of society who
love their homeland and take pride in its history.
213. It should be
noted that schools (for boys and girls) at all stages (elementary, intermediate
and secondary) are available in
all towns, villages and hamlets throughout the
Kingdom. More than 4 million pupils (male and female) are enrolled in
basic education
in the Kingdom. A study conducted in 1993 indicated that the
academic success rate in the Kingdom was 84 per cent, the dropout rate
was 10 per cent and the percentage of students completing basic
education was 92 per cent. Over the past years, that study noted
a remarkable development in academic success and an impressive reduction in
failure and dropout rates.
214. The following two tables show the number
of schools, classes, students and teachers and government expenditure on
boys’
and girls’ education over the last five years
19931998.
Number of schools, classes, students and teachers
(male/female) in general
education, including kindergartens, in the
years 1992/931997/98
School year
|
Schools
|
Classes
|
Students
|
Male and female teachers
|
Average number of students per school |
Average number of students per class |
Average number of students per teacher |
---|---|---|---|---|---|---|---|
1992/93 |
15 208 |
127 148 |
2 923 341 |
202 096 |
192 |
23 |
14 |
1993/94
|
16 649
|
137 745
|
3 139 176
|
221 486
|
189
|
23
|
14
|
1994/95
|
17 808
|
147 560
|
3 356 273
|
243 611
|
188
|
23
|
14
|
1995/96
|
18 263
|
155 221
|
3 520 836
|
264 737
|
193
|
23
|
13
|
1996/97
|
19 264
|
162 991
|
3 717 882
|
281 650
|
193
|
23
|
13
|
1997/98
|
20 069
|
168 834
|
3 841 741
|
299 068
|
191
|
23
|
13
|
Average annual cost per male/female student (except
for
University education) in the years 1993/94-1997/98
Student cost
(male/female) |
|
1993/94
|
7 983
|
1994/95
|
7 072
|
1995/96
|
6 248
|
1996/97
|
5 951
|
1997/98
|
9 223
|
1. Stages of education in the Kingdom of Saudi Arabia
Kindergartens
215. Article 117 of “The Educational
Policy” stipulates that the Ministry of Education and the General
Presidency of Girls’
Education shall establish kindergartens because the
State encourages nurseries and kindergartens in order to raise the educational
standard in the country and safeguard the rights of the child. The Ministry of
Labour and Social Affairs shall establish kindergartens
in social welfare
centres and institutions and in private, cooperative and charitable
associations.
Evolution in the number of children at
kindergartens
over the last five years
School year |
Male |
Female |
|
1993/94 |
43 149 |
36 462 |
❑ Female |
1994/95
|
46 040
|
38 905
|
|
1995/96
|
44 796
|
38 853
|
|
1996/97
|
45 487
|
38 896
|
|
1997/98
|
46 567
|
38 917
|
|
Elementary stage
216. In accordance with chapter 2 of the
Educational Policy Document, the period of schooling at the elementary stage is
six years
and is available to all children of school age.
Evolution in the number of male and female students
at
the elementary stage over the last five years
School year |
Male |
Female |
|
1993/94 |
1 074 883 |
950 998 |
❑ Female |
1994/95
|
1 117 655
|
997 081
|
|
1995/96
|
1 135 545
|
1 033 092
|
|
1996/97
|
1 178 596
|
1 069 526
|
|
1997/98
|
1 174 411
|
1 081 774
|
|
Intermediate stage
217. The schooling period at this stage is
three years from the time when the student obtains the elementary
certificate.
Evolution in the number of male and female students
at
the intermediate stage over the last five years
School year |
Male |
Female |
|
1993/94 |
390 028 |
303 170 |
❑ Female |
1994/95
|
434 073
|
336 766
|
|
1995/96
|
462 091
|
371 557
|
|
1996/97
|
492 962
|
394 558
|
|
1997/98
|
516 426
|
416 919
|
|
Secondary stage
218. The schooling period at this stage is
three years and is available to students who successfully complete the
intermediate stage
or graduates of religious, agricultural, vocational and
health institutes. There are four majors at the secondary stage: Arabic
and
Religious Sciences, Administrative and Social Sciences, Natural Sciences and
Technological Sciences.
Evolution in the number of male and female students
at the secondary stage over the last five years
School year
|
Male |
Female |
|
1993/94 |
188 537 |
151 949 |
❑ Female |
1994/95
|
212 138
|
173 615
|
|
1995/96
|
232 882
|
202 016
|
|
1996/97
|
265 689
|
232 168
|
|
1997/98
|
299 208
|
267 519
|
|
Religious, commercial, industrial, health and other
institutes
219. There are also several types of institutes in the
Kingdom of Saudi Arabia which are supervised by the relevant government
agencies,
such as religious institutes run by Imam Muhammad Bin Saud
Islamic University; commercial, industrial and agricultural institutes
and the
Telecommunication College, which are run and supervised by the General
Organization for Technical Education and Vocational
Training; health institutes
which are supervised by the Ministry of Health; and the Post Institute which is
supervised by the Ministry
of Posts, Telegraphs and
Telecommunications.
220. These institutes play an essential role in
training intermediate personnel for the various service sectors. Some of these
government
agencies have developed training in such institutes and upgraded them
to colleges; such as the health colleges which train the skilled
workforce,
including nursing staff, radiologists, laboratory technicians, etc. There are
also several private institutes supervised
by the private sector in coordination
with the Ministry of Labour and Social Affairs.
Vocational education centres
221. Technical and vocational education centres
aim to train a skilled Saudi workforce. These institutes accept students over
15
years of age. Students enrolled in all secondarylevel technical
education and vocational training programmes receive a monthly stipend
throughout the duration of their studies, as well as transportation, food and
accommodation (for students living away from home),
medical care and cash
incentives after graduation and during the first year of
employment.
Higher education
222. The State provides higher
education free of charge at seven universities in various parts of the Kingdom
at which students, both
male and female, receive monthly stipends. The various
colleges teach all the theoretical and applied sciences. These universities
award Bachelor’s, Master’s and Ph.D. degrees. It should be noted
that the academic standard of the graduates of Saudi
universities is comparable
to that of the graduates of the most highly reputed international
universities.
223. In addition to their basic educational and scientific
functions, the Saudi universities contribute to social work and scientific
research. There are also some colleges that are not affiliated to universities,
such as health colleges, teacher training colleges,
military and security
colleges, marine science colleges and higher institutes, all of which seek to
develop youth and society so
that all citizens can lead a useful
life.
224. The higher educational institutions in the Kingdom have links
of cooperation with eminent international universities.
2. Education and the best interests of the child
225. Education in the Kingdom of Saudi Arabia is concerned with
behavioural, cognitive, moral, spiritual and skillrelated aspects
and,
therefore, offers comprehensive programmes and school activities and enables
children of all social classes and intellectual
capacities to make good use of
their leisure time without discrimination of any kind. The following are
examples of the objectives
of education in the Kingdom:
Elementary stage
226. The aim of elementary education is: to
develop the Islamic faith in the minds of children, provide them with a
comprehensive
moral and intellectual education shaped by Islamic values, teach
students Islamic prayers, virtues and good conduct, develop children’s
basic skills, especially in language, arithmetic and physical education, further
children’s general knowledge in all subjects,
develop children’s
aesthetic sense and imaginative thinking, develop children’s understanding
of the rights and duties
of citizenship, instil love of learning and the value
of work and train children to make constructive use of their leisure
time.
Intermediate stage
227. In addition to the foregoing
objectives of the elementary stage, the aim of the intermediate stage is to
encourage students to
seek knowledge, accustom them to reflection and scientific
reasoning, develop their social life and instil interest in educational
activities as a means to achieve selffulfilment, develop their skills, discover
their talents and cement their friendships.
Secondary
stage
228. This stage aims to consolidate the student’s
devotion to the one God, to the homeland and to the Islamic nation and develop
the student’s scientific thinking, spirit of research, systematic analysis
and sound academic methods.
229. The State has reaffirmed its capital
role, as well as its educational policy, in the strategies of the fiveyear
development plans.
The Sixth Development Plan states as follows:
Article 1 of the sixth strategic basis states that “Elementary education is mandatory for all boys and girls”;
Article 10 of the sixth strategic basis requires “great emphasis to be placed on libraries in order to encourage and accustom students to make use of such facilities through reading and to acquire general knowledge”;
Article 11 of the sixth strategic basis calls for “more attention to be paid to extracurricular activities at all levels of education”.
Evolution in the number of male and female students in
kindergarten
and general education over the last five years
School year |
Male |
Female |
|
1993/94 |
1 696 597 |
1 442 579 |
❑ Female |
1994/95
|
1 809 906
|
1 546 367
|
|
1995/96
|
1 875 314
|
1 645 518
|
|
1996/97
|
1 982 734
|
1 735 148
|
|
1997/98
|
2 036 612
|
1 805 129
|
|
3. Operational policies of the Ministry of Education
230. The operational policies of the Ministry of Education contain the
following articles:
Article 1/2 seeks to reduce failure and dropout rates by diagnosing the reasons for the low learning achievement of students, providing them with appropriate assistance and guidance, avoiding repetition of the year as far as possible by exerting additional efforts with such students, and preparing special programmes for gifted students.
Article 1/6 stipulates that slightly disabled children should attend regular schools, while severely disabled children should be directed to specialized institutions.
Article 2/3 advocates the development of school curricula in a manner consistent with the social and cultural needs of the students and with their mental development at all levels of education.
Article 2/8 encourages reading and visits to school and public libraries in order to make students accustomed to educational research and discovery during their leisure time, for which competitions are organized and prizes are awarded.
Article 2/10 advocates the inculcation of health awareness in students, the teacher being the example to be followed in this respect and training the student to use means of preventive first aid in cooperation and coordination with the Ministry of Health.
Article 2/11 states that primary health care should be available to all students, either through the provision of health supervisors or through hospitals and centres of the Ministry of Health in regions where health supervisors are not available.
Article 2/12 calls for increased coordination and cooperation between the Ministry of Education and the government agencies responsible for other aspects of the development of youth.
Article 2/14 calls for the development of educational services for the disabled in order to include persons with visual, hearing and speech defects.
Article 2/15 advocates the wider dissemination of specialized library services, such as talking libraries and audio books.
Article 3/2 calls for commitment to the minimum conditions to be met
by schools in order to be fit for the educational process, such as basic
facilities, safety requirements, furniture, equipment, teaching aids and
sanitation facilities. The fulfilment of these conditions
should be ascertained
in all schools in the Kingdom, including private schools.
4. The policies of the General Presidency of Girls’ Education
231. The operational policies of the General Presidency of Girls’
Education include the following articles:
Article 1/1 calls for considerable attention to be paid to the Islamic upbringing of the girl as she is considered to be the nucleus of the Muslim family.
Article 2/2 seeks to reduce failure and dropout rates by diagnosing the reasons for the low learning achievement of female students, providing them with appropriate assistance and guidance, avoiding repetition of the year as far as possible by exerting additional efforts with such students and considering the possibility of early promotion for outstanding students who can satisfy the promotion requirements.
Article 2/10 advocates ongoing support for nursery and kindergarten programmes with a view to expanding these facilities and increasing their capacity.
Evolution of the total State budgets for education in
relation to
the Public Budget of the State during the first four years
of the
the Sixth Development Plan (1995-2000)
(in millions of Saudi riyals)
Fiscal year
|
State
|
Education
|
|
|
1995/96
|
150 000
|
26 541
|
|
❑ State |
1996/97
|
160 000
|
27 025
|
|
|
1997/98
|
181 000
|
41 264
|
|
|
1998/99
|
196 000
|
45 595
|
|
Article 2/11 reaffirms the overall concept of ongoing education as a means of selfeducation.
Article 2/12 emphasizes the need to honour and encourage gifted and outstanding female students in order to ensure that they will continue to excel in the widest possible range of fields.
Article 3/3 advocates the development of school curricula in a manner consistent with the social and cultural needs of female students and with their mental development at all levels of education.
Article 3/4 encourages reading and visits to school and public libraries in order to make students accustomed to educational research and discovery during their leisure time, for which competitions are organized and prizes are awarded.
Article 3/6 aims to extend the contribution of female students to scientific, social and cultural activities.
Article 3/7 advocates the inculcation of health awareness in students, the female teacher being the example to be followed in this respect, and training the student to use means of preventive first aid in cooperation and coordination with the Ministry of Health.
Article 3/9 states that primary health care should be available to all female students through the provision of health supervisors in all educational districts. In this respect, a study should be conducted to evaluate the primary health care provided for female students by the General Presidency, so that the Ministry of Health can provide such care in places where its services are available.
Article 3/10 lays great emphasis on the formulation of students’ counselling and guidance programmes and the establishment of a database in schools.
Article 3/12 stipulates that education opportunities should be available to all girls of primary school age.
Article 4/5 calls for the provision and development of educational, social and recreational facilities for female students.
Article 4/8 advocates the introduction of nursery and kindergarten classes in the schools run by the General Presidency of Girls’ Education in order to solve the problem of working mothers, especially those working in educational fields, as required.
Article 8/1 calls for ongoing support for, and improvement of, special education services in keeping with modern trends.
Article 8/2 calls for cooperation with the competent authorities in the field of early diagnosis of disability and health awareness in this connection.
Article 8/4 stipulates that slightly disabled children should attend
regular schools while severely disabled children should be directed to
specialized
institutions.
232. The State is endeavouring to cater for the
child’s welfare an education in a manner conducive to a decent, secure and
happy
life. In this respect, the educational policy in the Kingdom is in
harmony with the provisions of the Convention on the Rights of
the Child with
respect to general principles, civil rights, fundamental freedoms, education,
health care and beneficial use of leisure
time. The agencies concerned with
educational development in the Kingdom are helping to make these principles and
provisions widely
known to the public at large and especially to children, and
are encouraging society to treat children in accordance with Islamic
teachings
and the provisions of the Convention.
233. Islam regards the education
and rearing of children as an obligation for every Muslim. The Prophet Muhammad
was the first teacher.
The first Koranic verse revealed to him was:
“Proclaim (or read) in the name of thy Lord who created; created man out
of
a (mere) clot of congealed blood. Proclaim and thy Lord is most bountiful.
He who taught (the use of) the pen. Taught man that
which he knew
not.”[2] It is said in
an Islamic tradition that seeking knowledge is mandatory for every Muslim, male
and female.
234. Government appropriations for education in the Kingdom
of Saudi Arabia represent not less than 20 per cent of the
State’s
public budget. The following examples show that the educational
policy in the Kingdom is consistent with the provisions of the
Convention.
5. The right to life, survival and development (art. 6)
235. Article 8 of the Educational Policy in the Kingdom of
Saudi Arabia stipulates that: “Opportunities shall be available
to
the student to participate in the development of the community in which he
lives.”
236. Accordingly, the school curricula in the Kingdom seek
to instil good behavioural habits in the younger generation, including
healthy
behaviour to protect their life, health and safety. The curricula focus on the
healthy upbringing of children by explaining
the importance of nutrition,
healthy diet, senses and ways to protect them from dangers. Children take part
in public awareness
campaigns, such as Traffic Week, Cleanliness Week, Combating
Drugs and AIDS, World Health Day and World NoTobacco Day.
6. Implemented measures with regard to economic, social and cultural rights (art. 4)
237. The Educational Policy in the Kingdom of Saudi Arabia seeks to
improve the efficiency of the educational process at all stages
in order to
cater for all children from the preschool stage to the secondary stage,
irrespective of the child’s nationality
and without discrimination of any
kind, through an appropriate dissemination of schools in all rural and urban
areas of the Kingdom.
238. The educational success rate in the Kingdom
amounted to 84 per cent according to a study conducted in 1993. The
State also permits
the foreign nonArabicspeaking communities living within its
territory to open schools in coordination with their embassies and provides
them
with appropriate facilities through the competent
authorities.
239. Article 28 of the Convention on the Rights of the Child
is in full conformity with article 10 of the Educational Policy in the
Kingdom of Saudi Arabic, where all children have the right to education on
the basis of equal opportunity. Likewise, articles 2
and 70 of the
Educational Policy stipulate that the rights of the child must be respected and
guaranteed equally in accordance with
Islamic law. Moreover, articles 53,
63 and 29 of the Educational Policy affirm that curricula should keep pace with
the characteristics
of each phase of the growth of the child in a manner
conducive to the promotion of talents and proper spiritual, mental and emotional
development.
240. The counselling and guidance departments in Saudi
educational institutions seek to discover the individual talents, abilities
and
aptitudes of students in order to develop them in a manner beneficial to the
student and society. To this end, the Ministry
of Education has established an
independent department to discover and encourage gifted
students.
241. Likewise, the Convention on the Rights of the Child is in
harmony with the Educational Policy of the Kingdom in the following
respects:
Article 32 of the Convention is consistent with the Educational Policy with regard to the right of the child to be protected from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child’s education, or to be harmful to the child’s health or physical, mental, spiritual, moral or social development. At all stages of education, the child receives academic and vocational guidance in order to choose the profession appropriate to him or her in the future.
The Educational Policy is in conformity with articles 33 and 34 of the Convention in regard to the adoption of all appropriate measures, including legislative, administrative, social and educational measures, to protect children from the illicit use of narcotic drugs and psychotropic substances and from all forms of sexual exploitation.
The “preliminary week” programme is designed to receive new students and prepare them psychologically for integration in education.
Under the outstanding students’ welfare programme, students receive certificates of merit and prizes in cash and in kind.
There is also a programme under which appropriate attention is given to academically retarded students by qualified specialists.
7. Respect for the views of the child (art. 12)
242. The school curriculum in the Kingdom recognizes the right of the
child to express his or her views freely, prepares the child
to be bold and
selfconfident and fosters his or her ability to dialogue and elucidate thoughts
and feelings in the following ways:
The art of expression is taught as a subject from the third primary grade in order to enable children to clarify their thoughts in various situations through description, writing letters, attending meetings or participating in various dialogues and debates.
Participation in public radio and television programmes, public newspapers and children’s magazines.
Participation in cultural and scientific contests and exhibitions held in sports clubs.
Participation in Social Work Week at the national and regional levels.
The Code of Ethics of the counselling and guidance profession recognizes the right of the child to express his or her views freely, attaches due importance to these views and protects the child from all forms of abuse.
B. Leisure, recreation and cultural activities (art. 31)
243. The State through the General Presidency of Youth Welfare, organizes
several cultural, recreational and social programmes and
activities for all
children free of charge, regardless of their nationalities in a manner
consistent with their age, mentality and
wishes in order to ensure that they
derive optimal benefit from their leisure time.
244. The State earmarks
appropriate budgets for student activity programmes at school. In this
connection, the State provides food,
means of transport, materials, equipment,
trainers and supervisors. Moreover, the State has established playgrounds,
scout centres,
student centres, youth hostels, theatre, exhibition and festival
halls, laboratories, workshops and studios. It also awards prizes
and organizes
competitions appropriate for various categories of children and youth. Children
take part in the planning, implementation
and evaluation of these programmes and
activities, the most prominent of which are:
Social activities, such as fullday camps; students’ trips; Red Crescent, first aid and preservation of the heritage teams; social competitions and summer centres; as well as participation in public awareness programmes such as Tree Week, Traffic Week, Mosque Week, World Health Day, AntiDrugs and Smoking Week, World Children’s Day, summer activity centres, visit exchange programmes, local school activity centres, the weekly activity class for all grades, the Children’s Festival, etc. There are 384 such programmes.
Sports activities, including individual and team sports competitions at the national and international levels with a view to implanting a spirit of teamwork and sportsmanship in the minds of children. These school activities take the form of a weekly class, morning physical fitness exercises, the Children’s Festival, Sports Day, the School Sports Championships, etc.
Artistic activities. These are designed to promote children’s artistic creativity and originality in drawing, painting, decoration and handicrafts. Artistic exhibitions and competitions are organized and children participate in the programme of the Centre for Artistic Talents, the Open Studio, the World in the Eyes of our Children competition and international, Arab and Gulf children’s painting competitions.
Cultural activities. Competitions are organized, under the auspices of the Ministry of Education and the General Presidency of Youth Welfare, for playwrights who are asked to write plays specifically for children, the winners being awarded prizes. Schools are encouraged to organize theatrical productions and award prizes for outstanding performances. Moreover, annual children’s competitions (about 20 per year) in theatrical arts are held throughout the Kingdom. A total of 150 children’s theatrical troupes have been established and theatrical competitions are organized in the summer.
Cultural activities, such as symposia, dialogues with Ministers and senior officials, oratory, literary composition, poetry, journalism and school broadcasting, in addition to the childoriented activities of the Saudi Association for Culture and the Arts.
Scout activities, such as scout and voluntary work camps (to serve pilgrims) in order to make children accustomed to living outdoors and enable them to participate in development programmes and in evening celebrations. Summer camps, educational excursions and hiking trips are organized, in addition to Cub clubs and badge of merit and handicraft hobby programmes.
Scientific activities. The Scientific Clubs organize scientific innovation competitions to encourage children to take an interest in computer science, geology, biology, physics and other sciences and laboratories.
Cooperation programmes with other Arab and friendly countries in child activities at the GCC, Arab and international levels, such as exchange visits, Cub camps, meetings of school scout leaders and teachers, and children’s painting, sports, cultural and scientific competitions.
Literary Club activities, such as the publication of books and the organization of children’s cultural dialogues.
Cultural and Sports Club activities. There are 153 sports clubs throughout the Kingdom providing recreational and sports services for children.
Activities of the Saudi Arabian Scout Association. This Association promotes the Scout Movement, coordinates and supervises Cub and Scout troupes, prepares programmes consistent with the abilities and needs of children and participates in international, Arab and Gulf camps.
Scientific research activities, which are specifically designed for children.
Museum activities, which contribute to children’s awareness of their heritage and history.
Scientific and technological centres. The State encourages the private sector and governmental institutions to establish children’s scientific clubs and centres in order to encourage children to take an interest in science and technology. Competitions are organized in physics, chemistry and computer science to develop children’s scientific abilities and talents. The centres include the Wahat AlUlum (Science Oasis) Centre at Riyadh and the Science and Technology Centre at Jeddah which are seeking to develop children’s perceptive, innovative and mechanical abilities, and stimulate their interest in computers, physics, chemistry and mathematics. Club members have visited the Space Center in the United States of America.
Hobbies development centres at youth hostels in the Kingdom; these promote hobbies such as electronics, geology, photography, energetics, astronomy, etc.
Exhibition activities, such as children’s art exhibitions held in the Kingdom and abroad.
Children’s recreational centre activities, under the auspices of the General Presidency of Youth Welfare, where children can practise all forms of cultural, recreational, sports, artistic and creative activities. The General Presidency of Youth Welfare has issued five licences to the private sector to open children’s recreational centres, in addition to its own recreational and sports club programmes, in all parts of the Kingdom.
Mass media activities, which include information activities designed to enable children to participate in broadcasting, acting and the presentation of television programmes; cultural and social magazines which address all matters affecting children’s life with special emphasis on solving their problems and furthering their happiness by speedily responding to their wishes and interests and enabling them to exercise their rights in a fair and equitable manner.
Family recreation, through family parks which are equipped with all conveniences, including water, electricity, playgrounds, shady areas, etc.
Cultural association activities, including social, cultural and artistic activities and heritage research.
Social welfare centres.
Private charitable associations, which organize fairs for children and their families.
Public and children’s libraries.
Annual festivals, such as the Janaderiya Festival and the endofyear festival of the Departments of Education.
Recreational programmes, which are comprehensive insofar as they cover all villages, hamlets and towns on equal terms.
Local and international cultural, social and sports activities for the disabled.
Recreation centres run by privatesector companies and institutions where children and families have access to electronic and computer games, in addition to centres where electronic, computer and other children’s games can be bought.
PART EIGHT. SPECIAL PROTECTION MEASURES
A.
Children in situations of emergency
245. The Kingdom of Saudi Arabia opposes wars, seeks to achieve a just peace among all peoples and strives to realize the aspirations of the Arab and Muslim nation with regard to solidarity and unity while enhancing its relations with friendly States. Likewise, it protects human rights in accordance with Islamic law, guarantees the rights of its citizens and their families in an emergency, ensures the security of all its citizens and foreign residents in its territory and protects the Islamic faith, the two Holy Mosques, society and the homeland.[2]
246. Furthermore, the Kingdom opposes the displacement of children due to
wars, devotes tireless efforts to the achievement of peace
among peoples and
endorses the principle of the ban on trade in weapons of mass destruction,
including atomic, biological and chemical
weapons. The Kingdom has hosted
children, who were forced to leave their countries due to wars and has provided
them with comprehensive
care. It is also helping to relieve the suffering of
victims of wars and disasters through financial aid and contributions in kind,
including food and clothing. This is evident from its contributions to the
peoples of Bosnia and Herzegovina, the Sudan, Somalia
and Lebanon. Article 42
of the Basic System of Government permits the granting of political asylum if
required by the public interest.
During the Gulf war, the State provided
displaced persons with appropriate aid. The State has also established a
General Directorate
for Civil Defence, affiliated to the Ministry of the
Interior, for the protection of individuals and society in case of
emergency.
1. Children in armed conflicts (art. 38)
247. The regulations applicable in the Kingdom of Saudi Arabia make provision for the protection of women and children in an emergency, strictly prohibit shelling and bombardment of civilian populations in order to preserve their lives and also ban the use of chemical and bacteriological weapons during military operations in accordance with the Geneva Protocol of 1925 and the Geneva Conventions of 1949. The State condemns all forms of oppression and cruel or inhuman treatment of children and women. It also guarantees the rights of its citizens and their families in an emergency or in the event of sickness, disability or old age and prohibits the recruitment of any person under the age of 18 into the armed forces.
B. Children in conflict with the law
1.
The administration of juvenile justice (art. 40)
248. Reference has already been made to the procedures of juvenile
justice applicable in the Kingdom of Saudi Arabia, where juvenile
courts hold
their hearings in social surveillance centres under the supervision of judges
specialized in juvenile matters and aware
of the mentality of juveniles, who are
questioned without any pressure and in the presence of a social
worker.
249. The fundamental judicial principle is that a person is
presumed innocent until proved guilty according to the law. Every preventive
measure must be taken for the benefit of the juvenile delinquent, including
guidance, counselling and reprimand without prejudice
to the juvenile’s
sense of dignity. Every attempt must be made to avoid the need to remand a
juvenile in custody and to deliver
him into the custody of his family, subject
to a pledge of better upbringing, provided that the consequences of the offence
are not
grave. It should be noted that Islamic law never imposes capital
punishment on children. Moreover, no previous conviction is entered
in the
juvenile’s record, regardless of the number of times he has offended.
These measures safeguard the best interests of
the child, even in judicial
proceedings.
250. Social surveillance centres cater for the welfare of
their juvenile inmates, including nutrition, clothing, educational and health
services, sports, cultural and recreational activities. Moreover, they ensure
that a juvenile is not isolated from social life.
2. Children deprived of their liberty, including any form of arrest, detention
or imprisonment (art. 37 (b), (c) and (d))
251. The Juvenile
Justice Regulations of 1969 and the Decree of 1975 take into account the best
interests of the child as the fundamental
principles in juvenile justice are
fairness and judiciousness. The State has established special courts for
juvenile delinquents
with competent judges helped by social workers. The legal
proceedings are conducted in social surveillance centres, in an atmosphere
of
calm and tranquillity in which the juvenile is never subjected to any form of
pressure or intimidation.
252. The Kingdom of Saudi Arabia acceded to the
convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment,
adopted by the General Assembly of the United Nations on
10 December 1984, pursuant to Decree No. M/11 of 7 August 1997.
The social
surveillance centres ensure the comprehensive welfare of children
remanded in custody and provide all the services needed to enable
them to lead a
normal life, since a juvenile delinquent is a victim of special social or
psychological circumstances and is not a
criminal by nature. These centres
assume responsibility for the juvenile’s upbringing and the development of
his talents and
abilities in an appropriate atmosphere, conducive to devotion to
his religion, homeland, culture and society and consistent with
his sports,
cultural inclinations and hobbies with a view to ensuring their reform and
reintegration in society in the public interest.
3. The sentencing of juveniles, in particular the prohibition of capital punishment
and life imprisonment (art. 37 (a))
253. The Detention and
Imprisonment Regulations, promulgated in Royal Decree No. M/31
of 1977, prohibit the subjection of any person
to torture or other cruel,
inhuman or degrading treatment or punishment (articles 17, 18, 19, 21, 22, 24,
25, 26 and 28). Likewise,
the Juvenile Justice and Social Surveillance Centre
Regulations require good treatment of juveniles remanded in custody, including
comprehensive health, social, educational and cultural welfare, nutrition,
clothing and means of recreation and the right to practise
sports and
participate in competitions. The Regulations strictly prohibit the handcuffing
or cruel treatment of juveniles or the
remand in custody of children below the
age of seven. They can be transported only in ordinary vehicles and capital
punishment cannot
be imposed on children who have not attained the age of
majority in accordance with Islamic law.
4. Physical and psychological recovery and social reintegration (art. 39)
254. The Kingdom of Saudi Arabia provides, in association with many
charitable associations and institutions, several humanitarian
and health-care
activities and programmes for juvenile delinquents, disabled children and their
families, who enjoy full social welfare
within the framework of carefully
planned reform and rehabilitation programmes supervised by the Ministry of
Labour and Social Affairs
in collaboration with charitable associations and some
government agencies, such as the General Presidency of Youth Welfare, the
Ministry of Education, the General Presidency of Girls’ Education,
universities, the General Directorate to Combat the Use
of Narcotic Drugs, etc.
The State has also established a Social Security Department with its own
regulations and budget.
255. The purpose of the social surveillance
centres, as mentioned above, is to cater for the psychological, social,
educational and
cultural welfare, rehabilitation, training and social
reintegration of juvenile delinquents under the supervision of highly trained
and qualified specialists. They also endeavour to settle juvenile cases,
without recourse to custody or detention, by providing
counselling, guidance and
financial and other assistance to enable parents or guardians to care for
juveniles in a family environment.
256. Many incentives are offered to
encourage juveniles to put an end to their remand in custody. In this respect,
the judge may
release a juvenile if he is convinced that the juvenile’s
conduct has improved or if he has memorized the Holy Koran.
257. The
social surveillance centres also endeavour to rehabilitate children who have
been subjected to any form of cruel or inhuman
treatment through medical
treatment or psychological and social rehabilitation.
C. Children in situations of exploitation
1.
Economic exploitation, including child labour (art. 32)
258. We have already referred to the position of the Basic System of
Government in the Kingdom of Saudi Arabia on economic exploitation.
In this
respect, articles 17, 18, 19, 20, 21 and 22 of the Basic System of
Government stipulate that: “The Kingdom’s
economy is free. The
State shall guarantee the freedom and inviolability of private property.
Private property shall not be expropriated
except in the public interest and
subject to fair compensation. Confiscation of collective property shall be
prohibited. Fees shall
be imposed only on an equitable basis and when the need
arises. Zakat (alms tax) shall be levied and disbursed for its legally
specified
purposes. The State shall endeavour to achieve economic and social
development in accordance with a methodical and carefully studied
plan.
259. Moreover, the Labour Code prohibits the employment of children
under 13 years of age and restricts the working hours of children
to six hours
per day, during which a rest period must be granted. Children are not allowed
to work for more than five consecutive
hours, at night or in heavy or hazardous
work.
260. The Code further stipulates that work is optional and not
compulsory for children. It recognizes the right of the child to be
protected
from performing any work that is likely to interfere with the child’s
education or to be harmful to the child’s
health or physical, mental,
spiritual, moral or social development. It also prescribes a severe penalty for
anyone who employs a
child under the age of thirteen. The Civil Service
Regulations likewise specify a minimum age (18 years) for admission to
employment.
2. Illicit use of narcotic drugs (art. 33)
261. The State has taken all appropriate measures to combat drugs and
psychotropic substances, including trafficking, illicit use
and production.
Drug traffickers and smugglers may
face capital punishment. There are also
various penalties for persons who are caught in the act of possessing, buying,
producing
or processing narcotic drugs or substances for their personal use or
with a view to trafficking therein.
262. The State is making considerable
efforts to combat narcotic drugs and has acceded to several international
conventions, including
the Arab Anti-Drug Convention. The State offers every
means of treatment and rehabilitation to addicts and provides counselling,
guidance and comprehensive information concerning the dangers of narcotic drugs
and means of prevention and treatment.
263. The State is implementing a
number of prevention and public awareness programmes and any person who contacts
the police asking
for help or treatment is exempted from punishment and provided
with every means of treatment, rehabilitation and social reintegration.
3. Children and sexual exploitation and sexual abuse (art.
34)
264. The State prohibits all forms of sexual exploitation and sexual assault
on children and imposes appropriate penalties, in accordance
with Islamic law,
on persons who engage in sexual exploitation. It provides children with care,
guidance and Islamic enlightenment
through schools, the mass media, educational
activities, clubs, associations, etc., and encourages them to behave in a proper
manner.
4. Sale, trafficking, abduction and other forms of exploitation (arts. 34, 35 and 36)
265. The laws applicable in the Kingdom of Saudi Arabia prohibit the
abduction or sale of, or trafficking in, children and takes appropriate
measures
to protect the child from all forms of exploitation and assault. The State is
endeavouring to ensure good treatment, prevent
humiliation and safeguard the
dignity of all members of society. Any person who abducts, trafficks in or
abuses children is prosecuted
in accordance with the penal provisions of Islamic
law. The State provides comprehensive care for the younger generation, who
represent
the cornerstone on which the State is based and a guarantee of the
future to which it aspires. Pursuant to articles 9, 10, 11, 12
and 13 of the
Basic System of Government, the State is taking great pains to strengthen the
bonds which hold the family together
in order to ensure the happiness of its
members and promote social unity. The State applies Islamic Law in all fields
in order to
ensure a decent life for all members of society. Islam prohibits
injustice, murder, debauchery, libertinism and all forms of prostitution
and
indicates the best way to deal with the perpetrators of such crimes, as well as
the means of guidance. It provides full guidance
and protection for minor
children and guarantees their welfare, proper treatment and rights. The State
protects human rights in
accordance with article 26 of the Basic System of
Government. It has established schools, hospitals, universities, nurseries and
social welfare institutions. It has also promulgated regulations, guaranteed
rights and endorsed all international efforts to preserve
human dignity, ensure
justice and equality and prohibit inhuman practices.
D. Children belonging to a minority or an indigenous group
(art. 30)
266. There are no minorities in the Kingdom of Saudi Arabia. All Saudi citizens are equally treated without distinction of any kind, as they are an integral part of the Kingdom, held together by the bonds of mutual affection and love resulting from Islamic teachings. They constitute a homogeneous society with a common culture, religion, language and loyalty to the homeland and the nation. Foreigners living in the Kingdom’s territory enjoy the same welfare and protection as Saudi citizens, their children have the same rights as Saudi children and they are all equal before the law.
CONCLUSION
267. The preparation of this report provided an opportunity to review
many topics relevant to child welfare in the Kingdom. The committee
responsible
for preparing this report encountered some difficulties in collecting and
integrating some overlapping information.
268. In this respect, the
committee has made the following recommendations in order to avoid duplication
and facilitate the future
reporting process.
A. Future plans
B.
Method of evaluating activities for the benefit of children
C. Periodic reports
May God bless our efforts
References
The Holy Koran.
The Basic System of Government promulgated in 1992.
A Compendium of regulations and rules of the Social Welfare Department of the Ministry of Labour and Social Affairs.
The general objectives and strategic bases of the Sixth Development Plan (19952000).
The Saudi Arabian Nationality and Civil Status Acts.
The Labour Code.
The Educational Policy in the Kingdom of Saudi Arabia.
The Information Policy in the Kingdom of Saudi Arabia.
Notes
[1] Holy Koran Israa: 70.
[2] Ibid., Tin: 4.
[3] Ibid., Ma’ida: 9.
[4] Ibid., Israa: 15.
[5] Ibid., Hujurat: 6.
[6] Ibid., Israa: 15.
[7] Holy Koran, Hujurat: 13.
[8] Holy Koran, Al-Nahl: 90.
[9] Holy Koran: Ma’ida: 9.
[10] Ibid., An’am: 164.
[11] Holy Koran: Maryam: 7.
[12] Ibid., Kahf: 46.
[13] Holy Koran: An’am: 98.
[14] Ibid., Rum: 21.
[15] Ibid., Ahqaf: 15.
[16] Ibid., Luqman: 14.
[17] Ibid., Baqara: 228.
[18] Holy Koran: An’am: 151.
[19] Holy Koran: An’am: 151.
[20] Ibid., Baqara: 30.
[21] Ibid., Baqara: 233.
[22] Holy Koran: An’am: 152.
[23] Holy Koran: Rum: 21.
[24] Ibid., Luqman:
14.
25 Holy Koran: Insan:
2.
26 Ibid., An’am
161.
27 Ibid., Baqara:
30.
28 Holy Koran: Alaq:
15.
29 (See articles 24, 25, 26, 27, 33 and 34 of the
Basic System of Government.)
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