UNITED ARAB EMIRATES MENA Gender Equality Profile Status of Girls and Women in the Middle East and North Africa

Transcription

1 UNITED ARAB EMIRATES MENA Gender Equality Profile Status of Girls and Women in the Middle East and North Africa

2 Photo Credits UNICEF/GAO/2010/Walid Khalil Abu Hamza The findings, interpretations and conclusions expressed in this document do not necessarily reflect the policies or views of UNICEF. The designations employed in this publication and the presentation of the material do not imply on the part of the United Nations Children s Fund (UNICEF) the expression of any opinion whatsoever concerning the legal status of any country or territory, or of its authorities or the delimitations of its frontiers.

3 1 1. Background Demographics Value Year Total population (000) 4, Total adolescent (10-19) population (000) Total under-18 population (000) 1, Total under-5 population (000) Population annual growth rate (%) Total fertility rate (births per woman) Under-five mortality rate (per 1000 live births) Life expectancy at birth (years), male Life expectancy at birth (years), female Singulate mean age at marriage, male Singulate mean age at marriage, female Economic indicators GNI per capita (current US$) 26, % share of income held by lowest 20 % - % share of income held by highest 20 % - Sources: UNICEF, The State of the World s Children Life expectancy and economic indicators from The World Bank, Data Catalog, [accessed in August 2011] Marriage data from UNPD, World Marriage Data 2008, Gender Gap Index 2010 Rankings of MENA countries with available data Score United Arab Emirates Kuwait Tunisia Bahrain Lebanon Qatar Algeria Jordan Oman Iran (Islamic Republic of) Syrian Arab Republic Egypt Morocco Saudi Arabia Yemen Rank Source: World Economic Forum, The Global Gender Gap Report 2010 (rankings of in total 134 countries) 2. Legal Framework Legal system. The laws in United Arab Emirates (UAE) are based on Islamic law (Shari a) and are influenced by Egyptian code and French civil law. The court system comprises Shari a courts and civil courts. 1 The Personal Status Law, which is based on Shari a and regulates matters such as marriage, divorce and child custody, was enacted in Before 2005 no codified personal status law existed. In criminal matters a woman s testimony is worth half of that of a man before a court. In some civil matters a woman s testimony is equal to that of a man. A large proportion of the population in UAE consists of expat workers; only about 20 per cent of the population are citizens. Convention on the Elimination of All Forms of Discrimination against Women. UAE acceded to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) in 2004 and maintains reservations to articles 2 (f) (reform laws and practices that constitute discrimination against women), 9 (equal rights with regard to nationality), 15 (2) (equal legal capacity), 16 (equality in marriage and family life) 29 (1) (an article related to the administration of the convention; i.e. arbitration in the event of a dispute). 2 Several of these articles are considered to be at the core of the purpose of the convention. The CEDAW Committee indicated in 1998 that: reservations to article 16, whether lodged for national, traditional, religious or cultural reasons, are incompatible with the Convention and therefore impermissible... and that article 2 is central to the purpose and objective of the convention. 3 Convention on the Rights of the Child. UAE acceded to the Convention on the Rights of the Child (CRC) in 1997 and maintains reservations to articles 7 (right to name and nationality), 14 (freedom of thought and religion), 17 (access to information) and 21 (on adoption). UAE is not party to the two optional protocols to the CRC. 1 Hauser Global Law School Program, New York University School of Law, GlobaLex, Foreign Law Research, (electronic publication, [accessed in August 2011] 2 See United Nations Treaty Collection ( for declarations and reservations made by State Parties 3 Report of the Committee on the Elimination of Discrimination against Women, Eighteenth and Nineteenth Session, A/53/38/Rev.1, 1998, p.49

4 2 Nationality rights. A female Emirati citizen who marries a foreign man can keep her citizenship if she requests a special dispensation. Children of female citizens married to non-citizens do not acquire citizenship automatically at birth, but their mothers can obtain citizenship for them after submitting an application, which the government usually accepts.4 Nationality is automatically derived from the father and an Emirati man can also pass his nationality to a foreign spouse. 5 Divorce rights. While an Emirati man can divorce his wife for any reason, women can request divorce only under certain specific circumstances. It is also possible for a woman to seek divorce without the burden of evidence, but she will then have to return her dowry. The latter type of divorce (called khula ) was introduced as an option in the codified personal status law of Women have the right to financial support after a divorce (if they did not forfeit this right in exchange for divorce), according to UAE s initial CEDAW report (2008). Guardianship and custody rights. Upon divorcing, a woman may be granted custody of her daughters until they reach the age of 13 and her sons until they reach the age of 10. After this, a court will reassess custody. 7 Inheritance rights. Women have the right to inherit, but the share of the woman s inheritance will be half of the man s if there is one male and one female inheritor with the same relationship to the deceased. 8 There are limited circumstances under which women might receive equal shares of their male counterparts, for example in the case of parents of a childless descendant. 9 Freedom of movement. The constitution guarantees freedom of movement, but, according to the Women s Rights in the Middle East and North Africa report in practice, a woman can be stopped from traveling abroad. 10 Protection from child marriage. The legal minimum age of marriage is 18 for girls and boys. 11 The prospective husband and the woman s guardian are parties to the marriage contract. The woman s signature is also required. Polygyny is legal. 12 Islamic law has identified conditions for polygyny in terms of number, alimony, justice between wives and consent of women. 13 Protection from gender-based violence. Rape is considered a serious crime that is punishable by death, if the crime led to the death of the victim. Otherwise, the penalty is imprisonment from several years up to life. Yet, the victim of rape also risks being prosecuted for extramarital relations if she willingly engaged herself in extramarital relations. 14 There is no law against domestic violence and marital rape is not addressed by the penal code. In fact, the penal code allows men to discipline their children and wives using violence Institutions and mechanisms Governmental response. In UAE the Ministry of Social Affairs is responsible for social policies related to women and children. The main national organisation that promotes the advancement of women is the General Women s Union. The General Women s Union has launched a National Strategy for the Advancement of Women in the United Arab Emirates, which is used by government institutions Information provided by the UAE General Women s Union to the UNICEF Gulf Area Office in November Freedom House, Women s Rights in the Middle East and North Africa 2010 (report, online version, 6 Ibid. 7 Ibid. 8 Committee on the Elimination of Discrimination against Women, Responses [by United Arab Emirates] to the list of issues and questions with regard to the consideration of the initial report, CEDAW/C/ ARE/Q/1/Add.1, Information provided by the UAE General Women s Union to the UNICEF Gulf Area Office in November Freedom House, Women s Rights in the Middle East and North Africa 2010 (report, online version, 11 Committee on the Elimination of Discrimination against Women, Initial report of United Arab Emirates, CEDAW/C/ARE/1, Freedom House, Women s Rights in the Middle East and North Africa 2010 (report, online version, 13 Information provided by the UAE General Women s Union to the UNICEF Gulf Area Office in November Information provided by the UAE General Women s Union to the UNICEF Gulf Area Office in November Freedom House, Women s Rights in the Middle East and North Africa 2010, and U.S. Department of State, Country Reports on Human Rights Practices, 2011 (report, online version drl/rls/hrrpt/) [accessed in August 2011] 16 Committee on the Elimination of Discrimination against Women, Responses [by United Arab Emirates] to the list of issues and questions with regard to the consideration of the initial report, CEDAW/C/ ARE/Q/1/Add.1, 2009

5 3 Strategies and services responding to gender-based violence. The state has established and supported shelters, social support centres and a telephone hotline for women who are victims of violence. A department for the protection of human rights has been created in Dubai and Abu Dhabi that provides legal assistance to victims of abuse Women s Political Participation Political representation. UAE has not held national legislative elections. However, the country has a 40-member partially elected body called the Federal National Council (FNC). The FNC is an advisory body without legislative powers and only those appointed to the electoral colleges (which included both women and men) were allowed to vote and stand for election in the first (and so far only) elections to the council in One woman won a seat this way, and eight other women were appointed to the FNC following the elections. Thus, women now hold 23 per cent of the seats in the FNC. There are plans to expand the FNC and strengthen its legislative powers. 18 As of 2010, there were four women in ministerial positions in UAE. Representation in the legal system. In 2008 the law was amended to allow women to serve as judges and federal prosecutors. Since then two women have been appointed as judges, and two as prosecutors. 19 Civil society. Freedom of assembly and association is organized by Federal Law No. 2 of 2008, concerning associations and civil society organizations. 20 According to the 2010 Freedom House report, the UAE Human Rights Association is the only human rights NGO operating in the country and is supported by the government. In its communication with the CEDAW Committee the government mentions several government-supported women s organisations that are dedicated to various activities. 21 Mafiwasta, an organisation for the rights of migrant workers, submitted a shadow report to the CEDAW Committee with regard to the initial UAE CEDAW report. The organisation Migrant Forum in Asia also submitted a report to the CEDAW Committee on the situation of female migrant workers in the country. 5. Education and Economic Participation Education. According to data from 2005, 97 per cent of female youth and 94 per cent of male youth are literate. The net enrolment ratios of girls and boys in primary school are roughly equal (89 per cent for girls and 90 per cent for boys, according to data from 2009). This is also the case in secondary school where the net enrolment ratio is 84 per cent for girls and 82 per cent for boys. Gross enrolment data in tertiary education show higher enrolment rates for women than for men (41 per cent compared to 22 per cent). 22 Access to financial credit. Women and men have equal rights to access bank loan and other forms of financial credit and women do not require the permission of their husband or father to obtain a loan or other forms of credit. 23 Participation in the labour market. The labour force participation rate (that is, the proportion of the working-age population that actively engages in the labour market either by working or looking for work) of women aged 15 and above is less than half that of men (42 per cent compared to 92 per cent). Globally, women s labour force participation rate is 52 per cent. 24 Despite similar primary and secondary school net enrolment rates and high 17 Ibid. 18 Freedom House, Women s Rights in the Middle East and North Africa 2010 (report, online version, 19 Ibid. 20 Information provided by the UAE General Women s Union to the UNICEF Gulf Area Office in November Committee on the Elimination of Discrimination against Women, Responses [by United Arab Emirates] to the list of issues and questions with regard to the consideration of the initial report, CEDAW/C/ ARE/Q/1/Add.1, UNESCO Institute for Statistics (UIS) online database [accessed in August 2011], data refer to Committee on the Elimination of Discrimination against Women, Initial report of United Arab Emirates, CEDAW/C/ARE/1, United Nations, DESA, The World s Women 2010, p. 76

6 4 youth literacy rates for both girls and boys, the labour force participation rate among young women between is only 29 per cent, compared to 57 per cent among young men. While 8 per cent of male youth are unemployed, the female youth unemployment rate is 22 per cent, according to data from Reproductive Health Maternal health. The most recent data on maternal health available date from 1995 and show that coverage of critical interventions for safe motherhood was high: 97 per cent received antenatal care at least once by skilled health personnel and 99 per cent of births were attended by a doctor, nurse or midwife. The 2008 Maternal Mortality Estimation Inter-agency Group (MMEIG) estimates maternal mortality for UAE at 10 deaths per 100,000 live births. 25 Early childbearing. For UAE nationals, the adolescent birth rate is 22 births per 1,000 adolescent girls aged Key Indicators on the Situation of Girls and Women MATERNAL AND NEWBORN HEALTH YEAR TOTAL URBAN RURAL POOREST 20% RICHEST 20% SOURCE Contraceptive prevalence (%) * UNFPA, UNPD, MDG database [accessed in August 2011], *data pertain to nationals of the country Antenatal care coverage at least once by skilled personnel (%) Skilled attendant at birth (doctor, nurse or midwife) (%) Adolescent birth rate (number of births per 1,000 girls aged 15 19) * UNICEF global database/ Family Health Survey 1995 UNICEF global database/ Family Health Survey 1995 UNFPA, UNPD, MDG database [accessed in August 2011], *data pertain to nationals of the country Maternal Mortality Ratio (adjusted) (maternal deaths per 100,000 live births) Lifetime risk of maternal death, 1 in: WHO, UNICEF, UNFPA, World Bank, Maternal Mortality Estimation Inter-agency Group (MMEIG) / UNICEF global database 25 See WHO, UNICEF, UNFPA and The World Bank, 2010, Trends in Maternal Mortality: The report categorizes countries progress towards MDG5. (Countries with MMR 100 in 1990 are categorized as on track if there has been 5.5% decline or more annually, making progress if MMR has declined between 2% and 5.5%, making insufficient progress if MMR has declined less than 2% annually, and having no progress if there has been an annual increase in MMR. Countries with MMR <100 in 1990 are not categorized) Since United Arab Emirates had an MMR which was <100 in 1990 it is not categorized.

7 5 EDUCATION YEAR MALE % FEMALE % GENDER PARITY INDEX (F/M) SOURCE Net enrolment ratio primary school (%) UIS, online database, [accessed in August 2011] Net enrolment ratio secondary school (%) UIS, online database, [accessed in August 2011] Youth (15-24) literacy rate (%) UIS, online database, [accessed in August 2011] YEAR TOTAL SOURCE Share of females among teaching staff (%) in primary education UNESCO, Education for All Global Monitoring Report 2011 Share of females among teaching staff (%) in secondary education UNESCO, Education for All Global Monitoring Report 2011, UIS estimate CHILD PROTECTION YEAR TOTAL URBAN RURAL POOREST 20% RICHEST 20% SOURCE % of women aged who were married/ in union before the age of Female genital mutilation/cutting among women (%) YEAR TOTAL MALE FEMALE SOURCE % of children aged 5 14 engaged in child labour - - -

8 6 ATTITUDES TOWARDS DOMESTIC VIOLENCE YEAR % WHO AGREE WITH AT LEAST ONE SPECIFIED REASON SOURCE Women (15-49) who think that a husband is justified in hitting or beating his wife under certain circumstances (%) - Adolescent girls (15 19) who think that a husband is justified in hitting or beating his wife under certain circumstances (%) - HIV/AIDS YEAR TOTAL MALE FEMALE SOURCE HIV prevalence among young people (15 24) % of young people (15-24) who have comprehensive knowledge of HIV USE OF ICT YEAR TOTAL SOURCE % of young women (15-24) who used a computer during the last 12 months - % of young women (15-24) who used the internet during the last 12 months -

9 7 WOMEN S POLITICAL PARTICIPATION YEAR TOTAL SOURCE Number of women in parliament (single/ lower house) % women in parliament IPU, (data updated as of 30 June 2011) [accessed in August 2011] Legislated quotas for women for single/ lower house (yes/no) Quota type * No UAE is not listed in The Quota Project database on [accessed in August 2011*] which lists all countries with legislated quotas n/a Number of women in ministerial positions % women in ministerial positions DAW/DESA, IPU, Women in Politics: 2010 (reflecting appointments up to 1 January 2010) WOMEN S ECONOMIC PARTICIPATION YEAR TOTAL SOURCE Labour force participation rate (%), male Labour force participation rate (%), female 15+ Labour force participation rate (%), male ILO, Key Indicators of the Labour Market (KILM), 6th Edition Table 1a (ILO estimates), [accessed in August 2011] Labour force participation rate (%), female Total unemployment rate (%), male 15+ Total unemployment rate (%), female ILO, KILM, 6th Edition, Table 8a, [accessed in August 2011] Youth (15-24) unemployment rate (%), male Youth (15-24) unemployment rate (%), female ILO, KILM, 6th Edition, Table 9, [accessed in August 2011]

10 8 MATERNITY LEAVE YEAR SOURCE Maternity leave duration days % of wages paid in covered period % or 100 % depending on the duration of employment United Nations Statistics Division, unstats.un.org/unsd/demographic/products/ indwm/tab5g.htm#tech, Table 5g, [accessed in August 2011]. Data compiled between Provider of benefit Employer Notes: * Data pertain to nationals of the country. The UNICEF global databases are available on For indicator definitions and further information on data sources please see "Guide to MENA Gender Profiles" n/a = not applicable 8. Ratification of Treaties TREATY YEAR OF SIGNATURE YEAR OF RATIFICATION, ACCESSION (A), SUCCESSION (S) RESERVATIONS Convention on the Political Rights of Women (1953) Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages (1962) International Covenant on Economic, Social and Cultural Rights (1966) International Covenant on Civil and Political Rights (1966) Convention on the Elimination of All Forms of Discrimination against Women (1979) 2004 (a) Articles 2 (f), 9, 15 (2), 16, 29 (1) Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women (1999) Convention on the Rights of the Child (1989) 1997 (a) Articles 7, 14, 17, 21 Amendment to article 43 (2) of the Convention on the Rights of the Child (1995) Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict (2000) Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (2000) n/a 1997 Acceptance Convention on the Rights of Persons with Disabilities (2006) n/a = not applicable Source: United Nations Treaty Collection, [accessed in April 2011]

11

12 United Nations Children s Fund Regional Office for the Middle East and North Africa October 2011