Gender-based discrimination is widespread in Yemen, largely due to strong patriarchal traditions and religious beliefs. The population is predominantly Muslim and follows Islamic Sharia law. Several acts of legislation contain provisions that discriminate against women, particularly in the area of family matters.
Yemen’s overall poverty also contributes to the difficult situation of women. They are perceived and treated as inferior to men in most spheres of society, and have limited access to health care, economic opportunities and education. In fact, Yemen has one of the world’s largest gaps between net primary school attendance rates for girls and boys. Less than 30 per cent of Yemeni women are economically active; the majority of women who do work are employed in the agricultural sector.
Women in Yemen have only a moderate degree of legal protection in regard to family matters such as marriage, divorce and inheritance, all of which are governed by the 1992 Personal Status Law. This law does not establish any legal minimum age of marriage. Although the average marriage age of both men and women has increased in the Arab world, early marriage is still prevalent in Yemen. A 2004 United Nations report estimated that 27 per cent of Yemeni girls between 15 and 19 years of age were married, divorced or widowed. Women cannot conclude their own marriage contracts; rather the agreement is made between the woman’s guardian (always a male) and the groom.
Polygamy is legal following provisions in Sharia, which allow Muslim men to take as many as four wives provided that they can support all wives financially. Yemeni law does not require that men who wish to practice polygamy inform their first wives of this intention, nor do they need permission to enter into subsequent marriages. A 1997 Demographic and Maternal and Child Health Survey reported that 7 per cent of women were in polygamous unions, while also showing that polygamy is more common in rural and mountainous areas than in urban and coastal regions.
Women in Yemen face discrimination regard to parental authority. Islamic law views fathers as the natural guardians of children; the mother is the physical custodian but has no legal rights. In the event of divorce, mothers are granted custody of children only until they reach a specified age. Women cannot confer citizenship to children borne to a non-Yemeni father.
Islamic law provides for detailed and complex calculations of inheritance shares. A woman may inherit from her father, mother, husband or children, and under certain conditions, from other family members. However, her share is generally smaller than a man’s entitlement. A daughter, for example, inherits half as much as a son. This is commonly justified by the argument that women have no financial responsibility towards their husbands and children. In rural areas, where women are less likely to be aware of their rights, some families completely deprive women of inheritance. In an attempt to protect family assets, wealthy families sometimes forbid their daughters to marry outside the family.
Yemen provides a relatively low degree of protection for women’s physical integrity. Violence against women in general is quite common. There are no laws against domestic violence and the law does not recognise the concept of spousal rape. Similarly, the country has yet to establish any laws against sexual harassment in the workplace. Women run the risk of being physically or verbally abused in the streets if they are considered to behave or dress inappropriately. So-called honour crimes do occur in Yemen: some critics argue that the law justifies – at least to some extent – these crimes by imposing lighter penalties for crimes committed in rage following an unlawful act by the victim.
The government has banned the practice of female genital mutilation (FGM) in official hospitals, but it is known to continue in private clinics. It is most prevalent in coastal areas. In a survey conducted in 2003, the Committee on the Elimination of Discrimination against Women (CEDAW) estimated that 38 per cent of Yemeni women have undergone FGM. This figure is higher than a 1997 survey by the Central Statistical Organization of Yemen and Macro International Inc., which estimated that only 23 per cent of women had been circumcised.
There is evidence to suggest that Yemen is a country of concern in relation to missing women.
Yemen has taken steps to support the financial autonomy of women. They have the legal right to access to land and access to property other than land. But poverty, illiteracy, unawareness of economic rights and patriarchal traditions limit the ability of women to exercise these rights. According to the CEDAW, the National Strategy for Women’s Development recently emphasised the need to strengthen women’s financial empowerment and enhance their control over economic resources. At present, female land and property owners remain rare in Yemen.
Similarly, there are no legal restrictions on women’s access to bank loans and credit, but women encounter many limitations in this area. The common view in Yemeni society is that a woman’s place is in the home, and that financial matters should be managed by her husband, who may also control her income (either partially or completely). Statistics reported by the CEDAW are telling: between 2002 and 2004, the Agricultural Credit Bank had over 20 000 male borrowers – compared to fewer than 2 000 female borrowers. The National Foundation for Micro-Financing, Yemen’s first micro-credit facility, opened in 2003 with the aim of providing credit and insurance services to women.
Women in Yemen have a very low level of civil liberty. Their freedom of movement is subject to numerous limitations. They generally need to ask for their husband’s (or guardian’s) permission to leave the family home or to apply for a passport. Once a passport is obtained, women are legally entitled to travel independently without permission. In reality, this right is often violated. Women are legally obliged to live with their husbands, who make the decision about where the family will reside. Although women have the right to pursue education and seek employment, some guardians also restrict these activities.
Social and religious norms limit Yemeni women’s freedom of dress. Although there is no legal requirement to wear a veil, social and religious norms prevail and most women cover their heads, faces and bodies. Women who choose to appear unveiled in public run the risk of being harassed.
Basha, A. (2005), Women’s Rights in the Middle East and North Africa: Citizenship and Justice – Yemen Country Report, Freedom House Inc., Washington DC.
CEDAW (Committee on the Elimination of Discrimination against Women) (2007), Consideration of Reports Submitted by States Parties Under Article 18 of the Convention on the Elimination of All Forms of Discrimination against Women: Yemen, Sixth Periodic Report of States Parties, CEDAW/C/YEM/6, CEDAW, New York, NY.
CSO (Central Statistical Organization of Yemen) and Macro International (1998), Yemen Demographic and Maternal and Child Health Survey 1997, CSO and Macro International, Calverton, Maryland.
Osman, M., H. Rashad and F. Roudi-Fahimi (2005), Marriage in the Arab World, PRB (Population Refe¬rence Bureau), Washington DC.
Uhlman, K. (2004), Overview of Shari’a and Prevalent Customs in Islamic Societies: Divorce and Child Custody, Expert Law, www.expertlaw.com.
UN (United Nations) (2004), World Fertility Report 2003, UN Department of Economic and Social Affairs, Population Division, New York, NY.
US Department of State (2007), Country Reports on Human Rights Practices: Yemen, US Department of State, Bureau of Democracy, Human Rights and Labor, Washington, DC.
