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Trapped: Male Guardianship Policies Stifle Women's Freedom of Movement in the Middle East & North Africa

By: GWL Team | Wednesday, 19 July 2023

Male guardianship policies in the Middle East and North Africa continue to restrict women's freedom of movement, according to a recent study conducted by Human Rights Watch. Despite efforts by women's rights activists to secure greater liberties for women in the region, these archaic and new restrictions persist, requiring women to seek permission from their male guardian—usually their father, brother, or husband—before traveling abroad or even within their own country.

The 119-page report, titled "Trapped: How Male Guardianship Policies Restrict Women's Travel and Mobility in the Middle East and North Africa," sheds light on the various limitations imposed on women in the region, depriving them of their rights and leaving them vulnerable to abuse and manipulation.

The study's findings are based on an extensive comparison of laws, rules, and policies, as well as data collected from lawyers, activists, and women across 20 Middle Eastern and North African countries. While some progress has been made by women's rights advocates, many nations in the area still enforce personal status or family laws that require women to "obey" their husbands, obtain their consent before leaving their marital homes, or even going to work.

Understanding of Guardianship

Male guardianship policies in MENA region refer to legal systems where male relatives, typically fathers or husbands, hold significant authority over female family members. These policies have deep-rooted cultural and religious origins, often shaping women's rights and autonomy. Under these systems, women may require a male guardian's consent for various activities, including marriage, travel, education, and even medical decisions.

While these policies aim to protect women, they have been widely criticized for perpetuating gender inequality and limiting women's freedoms. In recent years, there have been efforts to reform or abolish such practices to promote gender equality and women's empowerment.

Current Landscape: Male Guardianship Restrictions in the Region

Unfortunately, such restrictive laws are deeply ingrained in certain countries, with recent developments codifying the notion of male dominance over women. For instance, Saudi Arabia's first written Personal Status Law, introduced in March 2022, mandates that wives must submit to their husbands "in a reasonable manner" or risk losing financial support if they choose not to reside in the marital home.

In addition to legal restrictions, armed organizations in war-torn regions have imposed guardianship limitations, forcing women to travel with a male relative or face severe consequences. In Syria, women are required to travel with a mahram, while in Yemen, written consent from a male guardian is often demanded.

Progress and Resistance: Women's Struggle for Mobility Rights

Although there have been some successes, like Saudi Arabia allowing women to drive in 2018, there are still pervasive limitations on women's mobility. For instance, in Iran, Qatar, and Yemen, women must provide proof of male guardian consent to apply for passports and travel. Moreover, discriminatory practices persist, with women facing hurdles when seeking to rent flats or book hotel rooms in certain countries.

While some governments have relaxed travel regulations for women, Iran, Qatar, and Yemen remain outliers. The study reveals that women in these countries still require male guardian consent to apply for passports and travel.

Call for Change: Advancing Gender Equality in the Region

Furthermore, when it comes to traveling with their children, women face unequal treatment. In many countries, women are not allowed to apply for passports for their children without the father's consent, while men face no such restriction.

As women's rights campaigners gain ground in certain areas, authorities attempt to roll back progress in others, adversely affecting families, children, and society as a whole. Human Rights Watch calls for all Middle Eastern and North African authorities to abolish male guardianship laws and eliminate any other discriminatory restrictions on women's freedom of movement.

In conclusion, while progress has been made in advancing women's rights in the Middle East and North Africa, the deeply rooted male guardianship policies continue to hinder women's mobility and autonomy. To achieve true gender equality, it is crucial for governments in the region to take decisive action in dismantling these restrictive and discriminatory practices. Only then can women fully participate in society and enjoy the freedom of movement they rightfully deserve.

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