“For girls—you are [constantly] in quarantine. What the whole world experiences now, this is the normal life for girls [in Qatar].” These are the words of Asma, a 40-year-old Qatari woman who cannot travel abroad to pursue further education because of the male guardianship laws that govern the lives of women in Qatar.

Since it was announced that Qatar would host the next FIFA World Cup in 2022, Qatar’s human rights reputation has been subject to extra scrutiny and examination by the international community. In a report recently conducted by Human Rights Watch, it was revealed that women must obtain permission from their male guardians to marry, study abroad, and work in government positions.

THE RIGHTS OF WOMEN IN QATAR

Within Qatar, Law No.22 (of the 2006 Act regarding family and personal status) acts as a foundation for laws around male guardianship. Article 58 states that it is a woman’s responsibility to look after the household and obey her husband. Article 57 forbids men from injuring their wives and provides some general sources of legislation on assault, but there is no penal code that criminalises domestic violence or marital rape within Qatar. 

The Human Rights Watch report is based on a review of 27 laws, alongside regulations, forms, policies, and written communications with the government, as well as interviews with women who have felt the oppressive system in Qatar. The Qatari government has since denied all the claims within the report, stating that they do not reflect the true reality of the country’s “constitution, laws or policies” and has pledged to further investigate any allegations of law breaking contained within the report.

In the report, it was revealed that women cannot travel abroad without the permission of their male guardian unless they have reached the age of 25. Their male guardian can also ban them from travelling at any point. It was reported that in 2020, when travelling without a male guardian, Qatari women were stopped at the airport and asked to provide proof that their male guardian approves of their travel in an attempt to prevent women from “escaping” Qatar and seeking refuge in other countries.

If a Qatari woman does not obtain permission from her male guardian to travel or work, or decides not to have sex with her husband without providing a “legitimate” reason, she will be deemed as “disobedient” by Qatari law. For men within Qatar, life is entirely different—they can marry up to four women at any point and are not subject to guardianship legislation. 

Decisions concerning children are left to husbands and fathers, as Qatari women do not have the legal right to act as the sole guardian of their children. This has resulted in many women choosing to remain within abusive relationships and not to seek a divorce for fear of losing their children.  

Um Qahtan, a 44-year-old Qatari woman, stated within the report that her husband had threatened to transfer their children to different schools if she left him. In February 2021, the judge rejected her attempt to transfer her son back to a different school, arguing that he could not interfere with a father’s “God-given right to decide where his child goes to school”.

QATAR IN THE CONTEXT OF INTERNATIONAL HUMAN RIGHTS LAW

Despite allegations of deep discrimination against women within Qatar, the country gained membership to the United Nations Human Rights Council (UNHRC), an international forum that commits its members to upholding the highest standard in “the promotion and protection of all human rights… regardless of their political, economic and cultural systems”. Qatar was elected as a member to the UNHRC from 2018 to 2020.

When Qatar was elected to the UNHRC, UN Watch reported that the country should not be given membership because it “commits serious human rights violations”. The human rights body referred in part to the systematic discrimination against women within Qatar—more specifically, what happens when a woman chooses to have sex outside of marriage, referring to Qatar’s use of floggings against unmarried women and the use of the death penalty for married women.

When Qatar was placed under the Universal Periodic Review in 2019—a system that reviews the human rights record of members of the UNHRC—it was reported that 91 out of 104 countries praised Qatar for its human rights record and only a minority of countries expressed concern about women’s rights within Qatar.

In 2018 Qatar also ratified two key treaties that underpin international human rights law: The International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). This was a positive step towards improving its international human rights reputation ahead of its bid to host the FIFA World Cup in 2022. Qatar did, however, enter certain reservations to articles within the treaty; this notably included article 3 on equal rights of men and women.  

Despite Qatar’s stated commitment to the ICCPR and the UNHRC, human rights abuses against women are occurring within the country at an unprecedented level. The release of the latest Human Rights Watch report draws the world’s attention to this. This suggests that even though Qatar appears to be making a commitment to human rights on the international stage, the true reality of women’s rights within the country tells an entirely different story.

Harriet Hudson is a second year LLB Law student at the University of Leeds. She has a passion for human rights and social justice, particularly relating to women’s rights, immigration law and social justice. In the future she hopes to pursue her passion and qualify as a barrister in one of these areas. Harriet also has a strong interest in the corporate side of the law.

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