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Summary: A compilation of extracts featuring child-rights issues from the reports submitted to the first Universal Periodic Review. There are extracts from the 'National Report', the 'Compilation of UN Information' and the 'Summary of Stakeholder's Information'. Also included is the final report and the list of accepted and rejected recommendations. Kuwait - 8th Session - 2010 Scroll to: National Report - Articles 13 and 40 guarantee the right to education, while article 14 provides for the promotion of scientific research. 1. Role of the judiciary 1. Role of the courts The Kuwaiti courts, headed by the Constitutional Court, play a major role at their different levels in the promotion and protection of human rights, both through the judgements that they hand down and the principles and rules which they specify. For example, with regard to the different stages of human life, the courts have established that: • Children have the right to have their filiation recognized based on a declaration or an evidentiary document, without relying solely on a DNA report. They also have the right to be given an appropriate name and to protection of their interests in respect of care. Children retain their capacity and can testify in court without taking an oath. Illness is acceptable as a reason for being excused from attending court proceedings. 2. Illegal residents 9. Children The State is committed to providing for the welfare of children in accordance with constitutional principles and Kuwait’s international obligations under the treaties and conventions which it has ratified and signed, in particular: • The International Labour Organization (ILO) Convention concerning Minimum Age for Admission to Employment, 1973 (No. 138) • The ILO Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, 1999 (No. 182) • The Convention on the Rights of the Child and the two optional protocols thereto Measures have been taken to: protect the rising generation from exploitation or physical or spiritual harm; deliver health care and treatment for infectious diseases; guarantee the right to education; and introduce compulsory, free education. In keeping with these principles, the following measures have been taken. • Primary health care and preventive health services for children are provided to reduce mortality rates and encourage healthy behaviours. • Children are shielded from neglect, exposure to delinquency, infringements of their freedoms and bodily harm through the criminalization of these acts and the higher penalties imposed for their commission. The relevant measures are set out in various articles of the Criminal Code No. 16 of 1960 and the Juveniles Act No. 3 of 1983. A ministerial decision was issued by the Ministry of Health in 2009 ordering all doctors to report cases of physical, sexual and psychological abuse. Health committees were set up in the regions to monitor and follow up on any cases that might be found. • The assets of minors are protected by the Public Authority for Minors’ Affairs, which was established by Act No. 67 of 1983. The Authority acts as a legal representative for minors, managing and protecting their assets and any claims thereon until they reach legal age (21 years). The Authority also offers protection in other cases, on humanitarian grounds. • Children are not allowed to participate in camel racing, and race organizers are required to use robots as camel jockeys instead. • Institutions have been established to offer cultural, leisure and residential services to children. A case in point is the Department for Women and Children, which offers facilities including kindergartens and private crèches for children who are too young for kindergarten. Other examples are the Department of Family Care and its Children’s Home, and the Department of Juvenile Welfare. • Provision is made for children of unknown parentage and orphans in a similar situation through encouraging ordinary families to care for these children, in order to ensure their psychosocial stability and to integrate them into the community. In this regard, under Decree Law No. 82 of 1977, concerning family care, such families are entitled to additional financial assistance to enable them to meet the needs of children in their care and to set aside money each month for these children so as to allow them to shoulder the burdens of life more easily once they become independent. • The Supreme Council for Family Affairs was established to strengthen family unity and cohesion as a means of creating security and stability in the community, since these are vital for the upbringing of a child. The Council deals with all matters relating to the family, including the establishment of crèches in women’s workplaces and programmes to protect children from exposure to all forms of delinquency. The health report on the draft programme of cooperation between Kuwait and the United Nations Children’s Fund (UNICEF), 2007–2009, sets out the following facts: • The under-5 mortality rate dropped from 128 per 1,000 live births in 1960 to only 8 per 1,000 in 2005 • The maternal mortality rate (deaths during or in connection with delivery) is very low, at no more than five deaths per annum. In almost 95 per cent of cases, deliveries are performed under the supervision of a medical team • A total of 98.7 per cent of Kuwaiti children receive a full range of vaccinations Dr. Susan Kamel Farhood, an official of the World Health Organization who deals with children’s health, concluded, following a mission to Kuwait, that the health-care provision for children in Kuwait is a model for other countries of the region, given the preventive health and health awareness programmes on offer, in addition to paediatric care which encompasses psychological and social assistance. She observed that the child mortality rate is the lowest in the region (at 1 case per 1,000 live births). She also praised the Healthy Child Clinic, where families can consult a paediatrician for regular check-ups, even if a child has no specific illness, for the purposes of screening for disease. 12. Right to education Kuwait takes a close interest in the realization of the right to education, as illustrated here below. • Education has been provided free of charge at all stages from kindergarten to university since 1956 and is compulsory at the primary and secondary stages. According to the 2009 Human Development Report of the United Nations Development Programme (UNDP), Kuwait is the leading Arab country in this domain. • Spending on education accounted for 14 per cent of the State budget in 2008. • Kuwait has succeeded in eradicating illiteracy: the illiteracy rate in 2009 was 3.5 per cent. • With regard to education for persons with disabilities, Kuwait provides comprehensive education services and integrates persons with disabilities into the general education system or else establishes special schools for them. • The State affords everyone living in Kuwait the right to education and has given permission for private schools to be created for expatriate communities in Kuwait. • With regard to higher education, Kuwait University was established in 1966 and offers a full range of academic subjects. Women have played an important part in the University since it was founded, whether as students, faculty members or deans. In 1993, a woman was appointed to the position of President of the University, and the Public Authority for Applied Education was established with five general colleges and nine specialized institutes. Kuwait has authorized the creation of private universities, of which there were seven at the time of writing of this report. • As of the 2008/09 academic year, the State had given study grants for general education to individuals from some 63 States, while, as of 2007/08, it had given university grants to people from 36 States. VIII. Voluntary pledges • Efforts will be made, in conjunction with the legislature and the executive authority, to create special legislation to harmonize the domestic laws on children’s rights in keeping with the Convention on the Rights of the Child, the two Optional Protocols thereto and the other conventions which deal with the subject of children. • Steps will be taken to create a children’s court to settle family disputes. 3. CRC noted with appreciation Kuwait’s indication that OP-CRC-SC has become part of Kuwaiti positive law. Nevertheless, CRC expressed concern that there is limited harmonization between national legislation, notably the Criminal Code, and the provisions of the Optional Protocol. 7. While noting the existence, within the National Assembly, of a Standing Committee on Human Rights, CESCR recommended establishing an independent national human rights institution, in conformity with the Paris Principles. it also recommended that the mandate of this institution include economic, social and cultural rights and that Kuwait seek technical cooperation with OHCHR in this regard. Such an institution should be empowered to receive, investigate and effectively address complaints of violations of child rights, according to CRC. 20. In 1998, CRC welcomed Kuwait’s efforts to mainstream children with disabilities, or who have learning difficulties, within regular classes, while at the same time providing complementary courses catering for the special needs of those children. 29. CRC urged Kuwait to enact specific legislation by introducing new amendments to the Criminal Code to ensure that all acts and activities referred to in OP-CRC-SC are fully covered under its criminal law and that such legislation provides equal protection for boys and girls. 83 It recommended taking all appropriate measures, including legislative measures, to prohibit corporal punishment in schools, in the family and other institutions, and in society at large. 84 CRC noted with appreciation that the Kuwaiti Army Act prohibits the involvement of persons under the age of 18 in hostilities and nevertheless regretted the lack of legislation on the issue of child recruitment in order to protect children from recruitment abroad. 85 CRC welcomed steps taken to end the practice of camel racing with children as jockeys. 86 However, it recommended that Kuwait revise its legislation in order to explicitly prohibit, without any exceptions, the use of children in camel racing and other harmful activities. 87 33. CRC noted that the Criminal Code provides for jurisdiction over offences that occur abroad as long as their effects extend to the State or if the alleged perpetrator is a Kuwaiti national and the act is defined as an offence in both Kuwait and in the State in which it was committed. However, CRC was concerned that the exercise of this extraterritorial jurisdiction is dependent on the condition of double criminality and that it does not cover all the offences and situations referred to in OP-CRC-SC. CRC recommended that Kuwait take all necessary measures to establish its jurisdiction over all the offences and situations referred to in OP-CRC-SC and revise its legislation in order to establish extraterritorial jurisdiction for crimes regarding the recruitment and involvement of children in hostilities when they are committed by or against a person who is a citizen of or has other links with Kuwait. 36. CRC was concerned at the situation of the administration of juvenile justice and recommended that Kuwait consider taking additional steps to reform the system of juvenile justice in the spirit of the Convention and of other United Nations standards. CRC added that particular attention should be paid to: considering deprivation of liberty only as a measure of last resort and for the shortest possible period of time; the protection of all the rights of children deprived of their liberty; and, when appropriate, to encouraging alternatives to the processing of cases through the regular penal system. 50. CRC found commendable the extensive social welfare services available to citizens at either no cost or at only a fraction of the real cost. A 2007 UNFPA report indicated that Kuwait has virtually eliminated economic poverty among Kuwaitis. However, there are persisting problems, in particular severe weaknesses in human and social development, ineffective delivery of public services, unemployment and structural disparities in the labour market, and environmental degradation. It was also observed in the report that the reduction of government subsidies and the need to promote privatization policies constitute major challenges in a society used to and expecting continuing welfare support. 51 CESCR was concerned that abortion is allowed only when the life of the mother is endangered and recommended that the legislation on abortion include other motives for performing legal abortion with a view to preventing illegal abortion and that Kuwait develop a comprehensive sexual and reproductive health program. CRC was concerned at the lack of comprehensive data and information on the health status of adolescents in general, especially with regard to drug and substance abuse, sexually transmitted diseases and HIV/AIDS, teenage pregnancy, violence and suicide among young people, and by the lack of treatment and rehabilitation services. 52. CESCR was concerned that Kuwait does not provide free compulsory education to non-Kuwaiti children as a right enshrined in the Covenant and urged it to adopt the necessary measures to ensure that non-Kuwaiti children living in Kuwait have access to free compulsory education. It recommended that Kuwait provide disaggregated data in this regard. 13. RI stressed that after 1985; Kuwait dismissed Bedun from their jobs, barred their children from schools, and revoked their driving licenses.21 According to RI, following the liberation of Kuwait from occupation by a neighbouring country in 1991, the government stepped up its efforts to strip the Bedun of their rights. They were fired en masse from positions in the military and police, and only a small fraction was rehired.22 Similar information was provided by Kuwaiti Society for Human Rights (KSHR).23 RI mentioned that those dismissed could not collect their severance pay unless they produced a passport, either Kuwaiti or foreign, or left the country. Tens of thousands of Bedun who had fled the country or were forced to the leave subsequently were not allowed to return.24 20. Global Initiative to End All Corporal Punishment of Children (GIEACPC) reported on the legality of corporal punishment of children in Kuwait despite the recommendations of the Committee on the Rights of the Child and strongly recommended that the government introduce legislation as a matter of urgency to prohibit all corporal punishment of children in the family home and all other settings, including under Islamic law.48 29. According to RI, many Bedun are reluctant to marry, because they can not support a family and fear that their children would face the same hardships. Those who married were denied marriage certificates, though some go to unusual lengths to obtain one. Couples must either bring lawsuits to prove in court that they are indeed married, or arrange to have their marriages registered in another Arab Gulf country. Some stateless couples use a legal resident’s name. Other families are forced to live separately in their attempts to resolve their problem by changing their marital status or by traveling to countries where they think they can find alternative solutions.62 Accepted and Rejected Recommendations The following recommendations were accepted by Kuwait: 79. A - 10. Take appropriate measures and introduce legislation which would prohibit corporal punishment of children (Slovenia); A - 17. Establish an independent national human rights institution in conformity with the Paris Principles to deal with all human rights matters, including the rights of the child (Hungary); A - 34. Continue its remarkable efforts to promote the rights of the child and to ensure adequate protection to women, children and victims of human rights violations (United Arab Emirates); A - 51. Continue efforts to protect the rights of vulnerable groups of the population, and in particular, in materializing the planned draft legislation regarding children and persons with disabilities (Russian Federation); A - 59. Work towards setting up programmes to rehabilitate juvenile offenders, and update legislation concerning juveniles (Qatar); A - 66. Adopt further measures, including in the field of education, to reinforce the protection and promotion of religious freedom, particularly in order to ensure the effective freedom of worship of religious minorities (Italy); A - 74. Continue its efforts in combating narcotics and psychotropic agents, and work towards protecting youths from them (Syrian Arab Republic); A - 81. Carry on its efforts in strengthening the links between higher education and the labour market (Bhutan); (unsure) A - 82. Continue ongoing efforts to fully eradicate illiteracy (Cuba); A - 83. Continue to strengthen its cooperation and exchanges with international organizations in the field of education (China); A - 84. Promote further good practices of social protection and the realization of the right to education through cooperation and experience-sharing with relevant international organizations and countries advanced in the education sphere (Armenia); A - 85. Continue to enhance its efforts to disseminate a culture of human rights at all levels, in particular in the educational institutions (Saudi Arabia); A - 86. Continue to support the programmes aimed at enhancing human rights education and training, and consider integrating this subject into primary education (Morocco); A - 103. Take measures to improve the legal and social situation of the illegal residents, in particular by granting them residency, issuing them personal documents, and enabling them access to the public health and education system (Austria); (unsure) The following recommendations were rejected by Kuwait: 80. R - 8. Review and amend its laws to ensure gender equality in all its legislation, amongst others, in the Nationality Law, and guarantee that all Kuwaiti women are able to transfer nationality to their children and ensure to all Kuwaiti women equal access to their social and economic rights (Netherlands); (unsure) 81. R - 1. Abrogate de jure and de facto discrimination against women, by amending or repealing national legislation that discriminates against women, such as the Nationality Act, the Personal Status Act, the Civil Code and the Private Sector Employment Act, and implement measures to penalize violence against women and girls in all forms, including domestic violence and marital rape (Israel); R - 2. Prohibit the treatment of formerly trafficked women and children remaining in Kuwait as in violation of national immigration laws, and grant permission for them to remain in the country to defend their rights (Israel); The following recommendations are pending by Kuwait: 82. P - 11. Respond favourably to the requests of the Special Rapporteur on trafficking in persons, especially women and children, to visit the country (Israel);
12th May, 9am to 12pm
Compilation of UN information
Summary of Stakeholder compilation
Accepted and rejected recommendations
Right to education:
3. Divisions were assigned to hear labour disputes, personal status cases, juvenile cases and other particular kinds of disputes.
In this connection, it should be noted that the State of Kuwait provides, and pays, for the children of irregular migrants employed in State ministries to be educated at public schools on the same footing as their Kuwaiti counterparts and with the same rights and duties. Moreover, a charitable fund was established in 2003 to subsidize education. The fund, which is overseen by the Ministry of Education, the Public Foundation for Endowments and the Executive Committee for the Affairs of Irregular Migrants, provides for the education of the children of employees in other sectors. In 2008/09, a total of 20,096 such children were provided with an education, at a total cost of $15 million. With regard to health care, a charitable fund was set up for the children of irregular migrants in need, serving more than 60,000 beneficiaries at a total cost of $6,320,000.