Women have the right to equal treatment with men when it comes to divorce under international human rights law. However, this is not the case in the United Arab Emirates (UAE): Federal Law No.28 of 2005 on Personal Status grants men rights and opportunities which are denied to women.
DIVORCE IN THE UNITED ARAB EMIRATES
Emirati divorce law requires a wife or husband to prove that their spouse is responsible for the breakdown of their marriage; the spouse who is found to be at fault is then liable for paying compensation to their alleged wronged wife or husband.
An Emirati woman can apply to a court for a divorce under Federal Law No. 28 of 2005 on Personal Status if one of the following four circumstances applies:
her husband has abandoned her for at least three months (article 129);
her husband has been imprisoned (article 131);
her husband swore he would not to have sexual relations with her for a minimum of four months (article 132); or
her husband has failed to support his family financially (article 124 (4)).
If a woman claims that one of the four circumstances above applies, she must provide evidence for it before a court; it is only then that she is entitled to compensation. However, if a woman is unable to prove that the dissolution of her marriage was caused by any of the circumstances above, her only route to divorce is by agreement, as per article 110 of the Federal Law on Personal Status. A woman who files for a divorce by agreement loses her right to compensation and must reimburse her husband for the cost of her marriage dowry. Such divorces are problematic: women subjected to psychological or physical abuse may be pressured by their husbands into filing for divorce by agreement instead of alleging fault, thus forfeiting their right to compensation and putting themselves into financial difficulties.
CHILD CUSTODY IN THE UNITED ARAB EMIRATES
UAE laws also discriminate against divorced women when decisions about the custody of children are being taken. Under Emirati law, if a divorced woman has been granted custody of her young children, she may lose custody of her daughters and sons when they turn 13 and 11 years old (respectively) if the father insists (article 156). Moreover, fathers have the right to claim custody of their sons before they turn 11 years old if they feel their sons are becoming “soft” or if fathers express a desire for their sons to “grow up to be more responsible”. Mothers wishing to retain care of their children can argue for continued custody before a court.
Additionally, if a mother has been granted custody of her children, Emirati laws prohibit her from remarrying until a court decides that this is in the best interests of the children. This is not the case for fathers.
Emirati laws therefore require women to resort to legal proceedings to retain custody of their children (if this is challenged by their ex-husbands) as they age. Women who are unable to handle the stress of legal proceedings, fear threats of family violence, or do not have the funds to argue a case in court, may be forced to forfeit custody. Children may be left in the custody of abusive fathers if a mother is unable to overcome these discriminatory laws.
These laws brazenly discriminate against women and are a violation of the United Nations Convention on the Rights of the Child, which requires states to make laws in the best interest of children, allow both parents to have common responsibilities for raising their children, and respect a child’s wishes. They are also in breach of article 5 of the Convention on the Elimination of Discrimination against Women (CEDAW). They disadvantage Emirati mothers and put them at risk of losing their children, meaning that women continue to face systemic discrimination within the UAE’s legal system based on their sex. These laws, which are based on narrow interpretations of Sharia Law, reinforce discriminatory stereotypes of women: women are painted as unable to raise strong or responsible children and their ability to be good parents is called into question if they choose to re-partner.
By contrast, husbands who marry multiple wives and have children with them are permitted to have those children reside with them and their new wives (article 76(1)).
CONCLUSIONS
Several issues continue to impede the rights of women in the UAE, including the state party entering reservations to international treaties, which exclude them from adhering to the human rights obligations that women are entitled to (articles 9-10).
For cultural and attitudinal changes towards women to occur, there needs to be a strong commitment from UAE leaders - they need to explicitly recognise and respect women’s rights. Support from senior leaders will ensure that human rights issues relating to women in the UAE are taken seriously and are more likely to be implemented into legislation.
There is a lack of political will to ensure that Federal laws are made compatible with international human rights laws, due to a belief amongst some leaders that international laws are incompatible with (their interpretation of ) Islamic law. This is an obstacle to ensuring women’s rights in the UAE: lawmakers have adopted a narrow approach to interpreting Sharia law, thus diminishing the rights of Emirati women in national legislation.
As such, a broader approach to interpreting Sharia law should be encouraged by UAE officials to assist the country in lifting their reservations to CEDAW.
Bianca is the Human Rights Advocacy Cooordinator at the Youth Disability Advocacy Service. In this role, she provides non-legal advocacy for disabled clients in situations where service providers, parents and government agencies have failed to act in accordance with their human rights. Previously, Bianca was a Lawyer at Victoria Legal Aid, providing legal representation in child protection, youth crime and intervention order matters in the Children's Court of Victoria. She has also investigated and conciliated complaints involving unlawful discrimination, sexual harassment, and human rights breaches at the Australian Human Rights Commission.