HARVARD HUMAN RIGHTS JOURNAL ONLINE
JANUARY 2015
Second, in many countries in the region, sexual relations outside of marriage
are punishable by fine, imprisonment, or corporal punishment.26 Women in Saudi
Arabia, for example, including foreign migrants, may face the death penalty for
having children out of wedlock.27 The prospect of facing criminal charges poses a
significant barrier to registering a birth or applying to confirm a child’s nationality.
The UN Working Group on Discrimination against Women in Law and in Practice
has recently concluded that “the mere fact of maintaining adultery as a criminal
offence, even when it applies to both women and men, means in practice that
women mainly will continue to face extreme vulnerabilities, and violation of their
human rights to dignity, privacy and equality.”28
Of course, adultery laws impact children who result from adultery as well. In
the UAE, where adultery is criminalized, parents have reportedly declined to
register their children or give them access to education and health care because they
fear imprisonment if their adultery is discovered.29
Stigma and violence against unwed mothers
Third, unwed mothers in the Middle East often face social isolation or
harassment from their family and community members.30 In less common but more
See, e.g., Penal Code (Royal Decree No. 7 of 1974), arts. 225–27 (Oman); Penal Code (Law No. 11 of
of 2004), arts. 1, 281–82, 284–85, 287–88, 296 (Qatar); Penal Code No. 111 of 1969 (Iraq).
27 Amnesty International, Saudi Arabia: Five Beheaded and ‘Crucified’ amid ‘Disturbing’ Rise in Executions
(May 21, 2013), http://www.amnesty.org/en/news/saudi-‐‑arabia-‐‑five-‐‑beheaded-‐‑and-‐‑crucified-‐‑amid-‐‑
disturbing-‐‑rise-‐‑executions-‐‑2013-‐‑05-‐‑21; Neil Sears, Saudi Princess Given Asylum in UK over Fears she
Faces Execution for Having Illegitimate Child with British Lover, DAILY MAIL (Jul. 20, 2009),
http://www.dailymail.co.uk/news/article-‐‑1200864/Saudi-‐‑princess-‐‑facing-‐‑death-‐‑penalty-‐‑adultery-‐‑
given-‐‑secret-‐‑UK-‐‑asylum.html; Gloria Jane Baylon, Eight Saudi-‐‑Based Filipino Mothers with 11 out-‐‑of-‐‑
Wedlock Children Repatriated, BALITA (Jan. 22, 2011), http://balita.ph/2011/01/22/eight-‐‑saudi-‐‑based-‐‑
filipino-‐‑mothers-‐‑with-‐‑11-‐‑out-‐‑of-‐‑wedlock-‐‑children-‐‑repatriated/; Xianne Arcangel, Pinay in Saudi
Receives 100 lashes after Getting Pregnant out of Wedlock, GMA NEWS (Jul. 2, 2013),
http://www.gmanetwork.com/news/story/315556/pinoyabroad/news/pinay-‐‑in-‐‑saudi-‐‑receives-‐‑100-‐‑
lashes-‐‑after-‐‑getting-‐‑pregnant-‐‑out-‐‑of-‐‑wedlock.
28 Joint Statement by the United Nations Working Group on Discrimination against Women in Law and in
Practice, OHCHR.org (Oct. 18, 2012),
http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=12672&.
29 Za’Za, supra note 2; Illegitimate Child Handcuffed by Mother for 12 Yrs, EMIRATES 24/7 (Mar. 13, 2012),
http://www.emirates247.com/crime/local/illegitimate-‐‑child-‐‑handcuffed-‐‑by-‐‑mother-‐‑for-‐‑12-‐‑yrs-‐‑2012-‐‑03-‐‑
13-‐‑1.448125; Children Found on Beach in UAE are Illegitimate, EMIRATES 24/7 (Mar. 5, 2013),
http://www.emirates247.com/news/emirates/children-‐‑found-‐‑on-‐‑beach-‐‑in-‐‑uae-‐‑are-‐‑illegitimate-‐‑2013-‐‑03-‐‑
05-‐‑1.497295.
30 YARA ABDUL-‐‑HAMID, SAVE THE CHILDREN, CHILD RIGHTS SITUATION ANALYSIS: MIDDLE EAST AND
NORTH AFRICA 77, 92, 110, 192 (2011),
http://resourcecentre.savethechildren.se/sites/default/files/documents/4886.pdf; Ayesha Almazroui,
Single Mothers in UAE will Shoulder the Blame after Most Divorces, THE NATIONAL (March 7, 2013),
http://www.thenational.ae/thenationalconversation/comment/single-‐‑mothers-‐‑in-‐‑uae-‐‑will-‐‑shoulder-‐‑
the-‐‑blame-‐‑after-‐‑most-‐‑divorces, archived at http://perma.cc/R9NW-‐‑ER33.Ilhem Rachidi, Morocco:
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Electronic copy available at: https://ssrn.com/abstract=2547550