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United Nations Children’s FundRegional Office for the Middle East and North Africa

October 2011

YEMENMENA Gender Equality ProfileStatus of Girls and Women in theMiddle East and North Africa

1. Background

Demographics Value Year

Total population (000) 23,580 2009

Total adolescent (10-19) population (000) 5,964 2009

Total under-18 population (000) 12,062 2009

Total under-5 population (000) 3,829 2009

Population annual growth rate (%) 3.2 2000-2009

Total fer tility r ate (b irths per wom an) 5.1 2009

Under-five mortality rate (per 1000 live births)

66 2009

Life expectancy at birth (years), male 62 2009

Life expectancy at birth (years), female 65 2009

Singulate mean age at marriage, male 25 2004

Singulate mean age at marriage, female 22 2004

Economic indicators

GNI per capita (current US$) 1,060 2009

% share of income held by lowest 20 % 7 2005

% share of income held by highest 20 % 45 2005

Sources: UNICEF, The State of the World’sChildren 2011. Life expectancy and economic indicators from The World Bank, Data Catalog, http://data.worldbank.org/, [accessed in June 2011] Marriage data from UNPD, World Marriage Data 2008,www.un.org/esa/population/

2. LegaL Framework

Legal system. According to Yemen’s constitution, Shari’a (Islamic law) is the source of all legislation. Many laws

contain provisions that discriminate against women, including the personal status law, the penal code, the

citizenship law and the evidence law. In front of the court, a woman is not considered a full person; in some cases

a woman’s testimony is not accepted at all (e.g. in cases of adultery and retribution), and in some other cases a

woman’s testimony will be worth half of that of a man.1

Convention on the Elimination of All Forms of Discrimination against Women. Yemen acceded to the Convention

on the Elimination of All Forms of Discrimination against Women (CEDAW) in 19842 and maintains the reservation

made upon accession to article 29 (1), which relates to the settlement of disputes concerning the application and

interpretation of the convention.3 While Yemen has not made any reservations to the articles that concern gender

equality, the CEDAW Committee expressed concern in its concluding observations to Yemen’s sixth periodic report

(2007) about the unclear status of the convention in the national legal system and the lack of compliance with its

provisions.4

Convention on the Rights of the Child. Yemen ratified the Convention on the Rights of the Child (CRC) in 1991

with no reservations. Yemen acceded to the Optional Protocol to the CRC on the involvement of children in armed

conflict in 2007 and to the Optional Protocol on the sale of children, child prostitution and child pornography in

2004, with no reservations to either treaty.

1 Freedom House, Women’s Rights in the Middle East and North Africa 2010 (report, online version, www.freedomhouse.org)

2 It was the government of the People’s Democratic Republic of Yemen (South Yemen) that acceded to the CEDAW in 1984. South Yemen’s treaty obligations were subsequently transferred to the unified

Republic of Yemen.

3 See United Nations Treaty Collection (http://treaties.un.org) for declarations and reservations made by State Parties

4 See Committee on the Elimination of Discrimination against Women, Concluding observations of the Committee on the Elimination of Discrimination against Women: Yemen, CEDAW/C/YEM/CO/6, 2008

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Gender Gap Index 2010

Rankings of MENA countries with available data

Score Rank

United Arab Emirates 0.6397 103

Kuwait 0.6318 105

Tunisia 0.6266 107

Bahrain 0.6217 110

Lebanon 0.6084 116

Qatar 0.6059 117

Algeria 0.6052 119

Jordan 0.6048 120

Oman 0.5950 122

Iran (Islamic Republic of) 0.5933 123

Syrian Arab Republic 0.5926 124

Egypt 0.5899 125

Morocco 0.5767 127

Saudi Arabia 0.5713 129

Yemen 0.4603 134

Source: World Economic Forum, The Global Gender Gap Report 2010 (rankings of in total 134 countries)

Nationality rights. A Yemeni woman who has children with a non-Yemeni husband is allowed to transfer her citizenship to their children only if the foreign husband has died, the couple has divorced, or the woman has been abandoned by her foreign husband. The children of a Yemeni man, on the other hand, will automatically be Yemeni, regardless of the citizenship of their mother. In 2008, an amendment to the nationality law made it possible for a woman to transfer her Yemeni citizenship to her children if the father is unknown or has no nationality.5

Divorce rights. According to the personal status law, a man can divorce his wife for any reason, while women can request divorce only under certain specific circumstances. A woman can also seek divorce without the burden of evidence, but then she will give up any financial rights.6

Guardianship and custody rights. In the event of divorce, women may be granted custody of the children until they reach a certain age (9 for boys and 12 for girls), according to Yemen’s third periodic CRC report.7 After a divorce, the father remains the legal guardian of the children and financial child support is his responsibility. Custody as well as guardianship rights and duties are granted to the mother if the father dies and there is no paternal grandfather.8

Inheritance rights. In accordance with Islamic law, women have the right to inherit, but will receive a smaller share than a man. In general, a woman will receive half of the share that a man will receive if there is one female and one male heir with the same relationship to the deceased.9

Freedom of movement. Although there is no such specification under the law, the customary practice of the authorities requires women to have the authorization of their male guardian (generally their closest male relative, usually their husband or father) in order to obtain an identity card or passport. In addition, a woman cannot travel without a male relative. According to the personal status law a woman must reside in the residence that her husband has chosen for them and she must not leave the house without the permission of her husband.10

Protection from child marriage. The personal status law does not specify a minimum age of marriage.11 Steps have been taken to set a minimum age, including the initial endorsement by the government in 2009 to modify article 15 of the personal status law to set the minimum age to 17 for both girls and boys. However, the Shari’a Committee in parliament has opposed modification and as at August 2011, ratification by parliament is still pending.12 According to the 2006 Multiple Indicator Cluster Survey (MICS), 32 per cent of young women aged 20-24 were married before the age of 18. Young women belonging to the poorest households are more likely to be married before the age of 18 (49 per cent compared to 23 per cent among women belonging to the richest households). Eleven per cent of young women of the same age group (20-24) were married before the age of 15. Polygyny is legal in Yemen.13

Protection from gender-based violence. There is no law against domestic violence in Yemen. Although rape is a crime, marital rape is not criminalized.14 The penal code still allows lenient punishment to men convicted of “honour” killings. The penal code also includes other discriminatory provisions: article 273 criminalizes “shameful” or “immoral” acts. This law makes women vulnerable to arrest for reasons such as being alone with a man who is not her relative.15

Female genital mutilation/cutting. There is no law against FGM/C but a ministerial decree prohibits FGM/C to be carried out in health facilities.16 According to 1997 Demographic and Health Survey (DHS) statistics, 23 per cent of women aged 15-49 have undergone FGM/C. FGM/C is most common in the coastal region where it is prevalent at 69 per cent.17


6 Ibid.

7 Committee on the Rights of the Child, Consideration of reports submitted by States parties under article 44 of the convention, Third Periodic Report of Yemen, CRC/C/129/Add.2, 2004

8 Committee on the Elimination of Discrimination against Women, Sixth periodic report of Yemen, CEDAW/C/YEM/6, 2007


10 Freedom House, Women’s Rights in the Middle East and North Africa 2010 (report, online version, www.freedomhouse.org), and information provided by UNICEF Yemen.

11 Committee on the Elimination of Discrimination against Women, Sixth periodic report of Yemen, CEDAW/C/YEM/6, 2007

12 See Freedom House, Women’s Rights in the Middle East and North Africa 2010 (report, online version, www.freedomhouse.org). Information on the current status of the amendment to the law provided

by UNICEF Yemen.

13 Ibid.

14 Committee on the Elimination of Discrimination against Women, Responses [by Yemen] to the list of issues and questions with regard to the consideration of the sixth periodic report, CEDAW/C/YEM/ Q/6/

Add.1, 2008, and Freedom House, Women’s Rights in the Middle East and North Africa 2010 (report, online version, www.freedomhouse.org)


16 Ibid.

17 Central Statistical Organization [Yemen] and Macro International, 1998, Yemen Demographic and Maternal and Child Health Survey 1997

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Governmental response. The Women’s National Committee was established in 1996 and is the government body

responsible for women’s affairs. The main regulatory body is the Supreme Council for Women and the Women’s

National Committee serves as the Council’s consultative and executive organ. The committee’s work is guided

by the National Strategy for Women/Gender Development (2006-2015). The committee prepared Yemen’s sixth

CEDAW report in 2007.18

Strategies and services responding to gender-based violence. In its concluding observations to Yemen’s sixth

periodic report, the CEDAW committee raised concerns regarding the lack of legislation against domestic and

sexual violence towards girls and women, the lack of access to means of protection, including shelters, and the

difficulty for women to file complaints for acts of violence committed against them.19

4. women’S PoLiticaL ParticiPation

Political representation. Before the unification of Yemen in 1990, women living in South Yemen gained the right to

vote and stand for election in 1970. Women living in North Yemen gained this right in 1983.20 Although women now

have full and equal suffrage with men, they are practically excluded from political life. There is only one woman

(out of 301 seats) in the lower house of parliament and two in the upper house (out of 111 seats).21

Representation in the legal system. Since 2007, women have been allowed to enrol in the High Judicial Institute,

which allows them to pursue a career as a judge (to become a judge a certificate from the Institute is required.)22

According to the 2007 State party CEDAW report, there are 32 female judges, compared to 1200 male judges. The

2007 NGO shadow CEDAW report notes, however, that these women all became judges before the unification in

1990, in South Yemen.23

Civil society. Two shadow reports prepared by civil society organisations in Yemen have been submitted to the

CEDAW Committee. The latest report was prepared for the CEDAW Committee’s consideration of the sixth State

party report, and was coordinated by Sisters’ Arab Forum for Human Rights (SAF).24 In the last few years, Yemeni

NGOs have been active in advocating for reforms, particularly of the personal status law, and in raising awareness

on gender-based violence.25 Yemeni civil society activist Tawakkul Karman was awarded the Nobel Peace Prize in

October 2011 for her “non-violent struggle for the safety of women and for women’s rights to full participation in

peace-building work.”26

5. education and economic ParticiPation

Education. The educational level among Yemeni women is low and the country is still far from achieving gender

parity in primary and secondary education. Girls’ net enrolment ratio in primary school is only 66 per cent,

compared to 79 per cent for boys. According to estimates referring to the year 2000, the secondary school net

enrolment ratio is 21 per cent for girls and 46 per cent for boys. Only 72 per cent of young women aged 15-24 are

literate, compared to 96 per cent of male youth.

18 Committee on the Elimination of Discrimination against Women, Responses [by Yemen] to the list of issues and questions with regard to the consideration of the sixth periodic report, CEDAW/C/YEM/

Q/6/Add.1, 2008

19 Committee on the Elimination of Discrimination against Women, Concluding observations of the Committee on the Elimination of Discrimination against Women: Yemen, CEDAW/C/YEM/CO/6, 2008


21 IPU, http://www.ipu.org/wmn-e/classif.htm (data updated as of 30 April 2011) [accessed in June 2011]


23 Shadow Report, Sisters’ Arab Forum for Human Rights, 2007 (www2.ohchr.org/english/bodies/cedaw/docs/ngos/SAFHRYemen41.pdf)

24 Ibid.


26 The Norwegian Nobel Committee, Laureates 2011, 2011 (http://nobelpeaceprize.org/en_GB/laureates/laureates-2011/)

3. inStitutionS and mechaniSmS

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Access to financial credit. Yemeni women have access to bank loans and other forms of financial credit and do not need the consent of their husband or male guardians. Increasing women’s economic participation has been part of the government’s development plans in the last few years, and providing loans to women to start small businesses is a strategy towards this end.27

Participation in the labour market. Despite the government’s goal to increase women’s economic participation, the labour force participation rate of women in Yemen is very low: only 20 per cent of women aged 15 and above are actively engaging in the labour market either by working or looking for work. Among men (age 15 and above) the corresponding rate is 74 per cent. As a point of comparison, the global labour force participation rate of women is 52 per cent.28 Among female youth, only 17 per cent participate in the labour market, compared to 49 per cent of male youth. The law permits Yemeni women to work; it is rather social norms that pressure them to stay at home.29 Another barrier to women’s participation in the labour market is the fact they lag behind with regard to education.

6. reProductive heaLth

Maternal health. Yemen is categorized as “making progress” towards improving maternal health (MDG5), according to analyses of the reduction of the Maternal Mortality Ratio conducted by the Maternal Mortality Estimation Inter-agency Group (MMEIG). According to 2008 figures, maternal mortality in Yemen is estimated at 210 maternal deaths per 100,000 live births.30 Antenatal care coverage (at least once) is low in Yemen (47 per cent) with marked differences between the richest 20 per cent and the poorest 20 per cent (79 per cent coverage compared to 32 per cent coverage). Only 36 per cent of births are attended by doctors, nurses or midwives (skilled attendants), with significant differences between the richest and poorest quintiles. Skilled attendance at delivery is one of the most critical interventions for safe motherhood.

Early childbearing. Yemen has among the highest total fertility rates in the world (5.1 according to 2009 estimates). Early marriages are associated with high fertility rates. In Yemen, the adolescent birth rate is 80 births per 1,000 adolescent girls aged 15–19.

7. key indicatorS on the Situation oF girLS and women

MATERNAL AND NEWBORN HEALTH

YEAR TOTAL URBAN RURALPOOREST

20%RICHEST

20%SOURCE

Contraceptive prevalence (%)

2006 28 42 21 15 44 MICS3 2006

Antenatal care coverage at least once by skilled personnel (%)

2006 47 68 39 32 79UNICEF global database/MICS3 2006

Skilled attendant at birth (doctor, nurse or midwife) (%)


Adolescent birth rate (number of births per 1,000 girls aged 15–19)

2005 80

UNFPA, UNPD, MDG database http://unstats.un.org[accessed in June 2011]

Maternal Mortality Ratio (adjusted) (maternal deaths per 100,000 live births)

2008 210WHO, UNICEF, UNFPA, World Bank, Maternal Mortality Estimation Inter-agency Group (MMEIG) / UNICEF global database

Lifetime risk of maternal death, 1 in:

2008 91

27 Committee on the Elimination of Discrimination against Women, Fifth periodic report of Yemen, CEDAW/C/YEM/5, 2002 and CEDAW, Sixth periodic report of Yemen, CEDAW/C/YEM/6, 2007

28 United Nations, DESA, The World’s Women 2010, p. 76


30 WHO, UNICEF, UNFPA and The World Bank, 2010, Trends in Maternal Mortality: 1990-2008 (Countries with MMR ≥100 in 1990 are categorized as “on track” if there has been 5.5% decline or more annually,

“making progress” if MMR has declined between 2% and 5.5%, making “insufficient progress” if MMR has declined less than 2% annually, and having “no progress” if there has been an annual increase in

MMR. Countries with MMR <100 in 1990 are not categorized)

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EDUCATION YEARMALE

%FEMALE

%

GENDER PARITY INDEX

(F/M)SOURCE

Net enrolment ratio primary school (%)

2008 79 66 0.83UIS, online database, http://stats.uis.unesco.org[accessed in August 2011]

Net enrolment ratio secondary school (%)

2000 46 21 0.46

UIS, online database, http://stats.uis.unesco.org[accessed in August 2011], UIS estimates

Youth (15-24) literacy rate (%)

2009 96 72

UIS, online database, http://stats.uis.unesco.org[accessed in June 2011], UIS estimates

YEAR TOTAL SOURCE

Share of females among teaching staf f (% ) in primary education

-

Share of females among teaching staf f (% ) in secondary education

-

CHILD PROTECTION YEAR TOTAL URBAN RURALPOOREST

20%RICHEST

20%SOURCE

% of women aged 20-24 who were married/in union before the age of 18


Female genital mutilation/cutting among women 15-49 (%)

1997 23 26 22 30 26

UNICEF global database/DHS 1997

YEAR TOTAL MALE FEMALE SOURCE

% of children aged 5–14 engaged in child labour

2006 23 21 24UNICEF global database/MICS3 2006

5

ATTITUDES TOWARDS DOMESTIC VIOLENCE

YEAR% WHO AGREE WITH AT LEAST ONE

SPECIFIED REASONSOURCE

Women (15-49) who think that a husband is justified in hitting or beating his wife under certain circumstances (%)

-

Adolescent girls (15–19) who think that a husband is justified in hitting or beating his wife under certain circumstances (%)

-

HIV/AIDS YEAR TOTAL MALE FEMALE SOURCE

HIV prevalence among young people (15–24)

- - -

% of young people (15-24) who have comprehensive knowledge of HIV

- - -

USE OF ICT YEAR TOTAL SOURCE

% of young women (15-24) who used a computer during the last 12 months

-

% of young women (15-24) who used the internet during the last 12 months

-

WOMEN’S POLITICAL PARTICIPATION

YEAR TOTAL SOURCE

Number of women in parliament (single/ lower house)

2011 1IPU, http://www.ipu.org/wmn-e/classif.htm (data updated as of 30 April 2011) [accessed in June 2011]

% women in parliament 2011 0.3

Legislated quotas for women for single/ lower house (yes/no)

* No Yemen is not listed in the The Quota Project database on www.quotaproject.org [accessed in June 2011*] which lists all countries with legislated quotas

Quota type n/a

Number of women in ministerial positions

2010 2DAW/DESA, IPU, Women in Politics: 2010 (reflecting appointments up to 1 January 2010)

% women in ministerial positions 2010 6

6

WOMEN´S ECONOMIC PARTICIPATION

YEAR TOTAL SOURCE

Labour force participation rate (%), male 15+

2009 74

ILO, Key Indicators of the Labour Market (KILM), 6th Editionhttp://kilm.ilo.org Table 1a (ILO estimates), [accessed in June 2011]

Labour force participation rate (%), female 15+

2009 20

Labour force participation rate (%), male 15-24

2009 49

Labour force participation rate (%), female 15-24

2009 17

Total unemployment rate (%), male 15+

2008 12

ILO, KILM, 6th Edition, Table 8a, [accessed in June 2011]

Total unemployment rate (%), female 15+

2008 41

Youth (15-24) unemployment rate (%), male

-

Youth (15-24) unemployment rate (%), female

-

MATERNITY LEAVE YEAR SOURCE

Maternity leave duration 2004-2009 60 days

United Nations Statistics Division, http://unstats.un.org/unsd/demographic/products/indwm/tab5g.htm#tech, Table 5g, [accessed in June 2011]. Data compiled between 2004-2009.

% of wages paid in covered period 2004-2009 100

Provider of benefit 2004-2009 Employer

Notes:The UNICEF global databases are available on www.childinfo.orgFor indicator definitions and further information on data sources please see "Guide to MENA Gender Profiles"n/a = not applicable

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8. ratiFication oF treatieS

TREATYYEAR OF

SIGNATURE

YEAR OF RATIFICATION,

ACCESSION (A), SUCCESSION (S)

RESERVATIONS

Convention on the Political Rights of Women (1953) 1987 (a)Article VII (last sentence), Article IX

Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages (1962)

1987 (a)

International Covenant on Economic, Social and Cultural Rights (1966)

1987 (a)

International Covenant on Civil and Political Rights (1966)

1987 (a)

Convention on the Elimination of All Forms of Discrimination against Women (1979)

1984 (a) Article 29 (1)

Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women (1999)

Convention on the Rights of the Child (1989) 1990 1991

Amendment to article 43 (2) of the Convention on the Rights of the Child (1995)

n/a 1997 Acceptance

Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict (2000)

2007 (a)

Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (2000)

2004 (a)

Convention on the Rights of Persons with Disabilities (2006)

2007 2009

n/a = not applicableSource: United Nations Treaty Collection, http://treaties.un.org [accessed in April 2011]

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