THE IDEA OF WOMEN’S' RIGHTS AS EQUITY VERSUS WOMEN'S RIGHTS AS EQUALITY/SAMENESS " THE CASE OF SAUDI ARABIA AND BEYOND"

Abstract

This dissertation examines the concept of women’s' rights determined as equity versus women's rights as equality/sameness by considering the reservations of Saudi Arabia when ratifying the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and highlights the difficulties in reconciling the too disparate approaches whilst offering possible solutions. Essentially CEDAW and the West define equality in terms of sameness and that women and men should have equal opportunities. The Saudi Arabian and Islamic approach is that equity is the correct approach.

Concepts of Equality: the dissertation examines the different definitions of equality, and also the different definitions of equity. Equality may be defined as sameness (equal access or opportunity), or as equality of outcome, also called substantive equality, although this is shown to also be problematic in some cases. There are also two views of equity, one view, presented by Islam (and some other religions, like the Roman Catholic church), says society should accord all individuals what they need, and what individuals need is determined by the roles they play in society, whilst another view of equity emerges out of the idea of structural inequalities. This is the idea that we need to focus on equal outcomes rather than equal opportunities to make up for past discrimination. Critics suggest that the first does not go far enough, but that the second goes too far, however, the second is closest to substantive equality.

CEDAW in the Saudi Context: Saudi Arabia has many issues related to human rights and women’s rights, and UNDP and the CEDAW committee have analyzed some of these, acknowledging some progress and raising some questions or problems. In the dissertation a deep analysis of the current situations, laws, and policies are undertaken by a Saudi citizen, highlighting issues such as Saudi Arabia: Vision 2030 and new anti-discriminatory laws and the commitment of the government and officials. The analysis also covers all areas of Saudi Arabian life, and how the difference between equality and equity could impact society, emphasizing the view that Islamic teaching puts responsibilities ahead of rights, whilst acknowledging both.

Conclusion and Recommendations: the dissertation concludes that it is, in fact, possible to reconcile the equity/equality debate, and that Saudi Arabia is making slow but steady progress towards a definition of substantive equality that meets the requirements of Islamic teaching whilst eventually providing a level of de facto equality that will be indistinguishable from the Western definition found in CEDAW. If this conclusion is accepted and the recommendations followed, the Saudi Arabian progress can be consolidated and perhaps accelerated.