In a comprehensive report released by Human Rights Watch, it has been revealed that women in the Middle East and North Africa continue to face varying restrictions on their right to freedom of movement, from their homes to even leaving their countries. Rothna Begum, a senior women’s rights researcher at Human Rights Watch, emphasized that these limitations, often justified as protective measures, only serve to deprive women of their rights and enable abusive control by men. The report’s findings are based on an in-depth comparative analysis of numerous laws, regulations, and policies across 20 countries in the region, supplemented by information provided by lawyers, activists, and women directly affected. The imposition of male guardianship policies, which extend beyond the Middle East and have roots in broader legal traditions worldwide, has played a significant role in subjecting women to control over various aspects of their lives. In the region, fifteen countries still enforce personal status or family laws that demand women to “obey” their husbands, reside with them, or seek their permission for any activities outside the marital home. Courts have the authority to compel women to return to their marital homes, threatening them with the loss of spousal maintenance if they refuse to comply.
Moreover, some countries have been tightening these regulations further. For instance, Saudi Arabia introduced its first written Personal Status Law in March 2022, cementing the practice of requiring women to “reasonably obey” their husbands. Failure to do so may lead to financial repercussions if they refuse to live in the marital home without a valid excuse. In several countries, male guardians can report women as “absent” from their homes, leading to their arrest, detention, or forced return. Shockingly, even in situations where women are incarcerated, they are unable to leave prison without the approval of a male guardian in Saudi Arabia and Yemen. The situation is exacerbated in conflict-ridden areas where armed groups enforce their own guardianship restrictions. For instance, in parts of Syria controlled by certain armed factions, women are compelled to be accompanied by a mahram (husband or close male relative). Similarly, Houthi authorities controlling parts of Yemen have increasingly mandated women to travel with a mahram or obtain written approval from their male guardians, causing numerous female Yemeni staff at NGOs and UN agencies to lose their jobs and vital income for their families.
While women’s rights activists have made some progress in their fight against discriminatory mobility restrictions, significant challenges persist. Notably, Saudi Arabia permitted women to drive in 2018 after decades of advocacy, but other limitations continue to exist. In Iran, the fight against the compulsory hijab has been ongoing for years, marked by the “women, life, freedom” protests that erupted in response to the death in custody of Mahsa (Jina) Amini in September 2022. Even in educational settings, some state universities across the region impose further restrictions. Women attending these institutions may need male guardian permission to participate in field trips, stay on campus, or leave campus grounds. Additionally, women may encounter discrimination when attempting to rent apartments or stay in hotels if they are unmarried or lack male guardian consent.
On a positive note, most governments in the region now allow women to obtain passports and travel abroad without requiring guardian permission. Saudi Arabia, following sustained efforts by women’s rights activists, amended its rules to permit women over the age of 21 to obtain passports and travel independently, just like men. However, certain countries like Iran, Qatar, and Yemen still cling to outdated practices. In Iran, married women must obtain their husband’s permission to get a passport and travel, while Qatari women under 25 need guardian consent to travel abroad, unlike their male counterparts. Yemen’s de facto policy demands that Yemeni women acquire their male guardian’s permission for a passport.
Notably, Qatar allows male guardians to apply for court-ordered travel bans against female relatives, including their wives. Similarly, authorities in Iran, Gaza (Palestine), Saudi Arabia, and Yemen grant male guardians the authority to prohibit women’s travel abroad. Recent years have witnessed the imposition of new restrictions as well. For example, Hamas authorities in Gaza issued restrictions in February 2021 that allow an unmarried woman to be banned from traveling as soon as her male guardian applies for it, even amidst the already existing Israeli and Egyptian movement restrictions. In August 2022, Houthi authorities in Yemen expanded their restrictions, preventing women from traveling within the country or abroad without a mahram. Additionally, in May 2023, Libya’s Internal Security Agency, associated with the Tripoli-based Government of National Unity, introduced a detailed form requirement for Libyan women traveling without a male escort, raising concerns about further limitations on movement.
Beyond travel, women in the region also face discriminatory restrictions when traveling abroad with their own children. Fourteen countries do not allow women to obtain passports for their children on an equal basis with men. Furthermore, nine countries require women to obtain permission from the child’s father to travel abroad with their children, while men do not face any such requirement. In light of these disturbing findings, Begum urges all authorities in the Middle East and North Africa to eliminate any and all discriminatory restrictions on women’s freedom of movement, including male guardianship rules. As women’s rights activists continue to push for greater freedoms, it remains imperative for societies to recognize and uphold the fundamental human rights and autonomy of women, ensuring that progress does not come at the expense of further restrictions and injustice.