KUWAIT: Persistent violations of children's rights

Summary: The violations highlighted are those issues raised with the State by more than one international human rights mechanism. This is done with the intention of identifying children's rights which have been repeatedly violated, as well as gaps in the issues covered by NGOs in their alternative reports to the various human rights monitoring bodies. These violations are listed in no particular order.

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Early marriage

UN Committee on the Rights of the Child (Concluding Observations, October 1998)

Concern is also expressed at the low legal minimum age for marriage for girls, set at 15, while the minimum age for boys is set at 17. The Committee recommends raising the minimum legal age for criminal responsibility, in the light of the provisions and principles of the Convention and other relevant United Nations standards. In the light of the provisions and principles of the Convention, especially its articles 1, 2, 3, 6, 12 and 24, the Committee also recommends that the State party take all appropriate measures to raise the legal minimum age for marriage for girls to at least the same age as that set for boys. (Paragraph 15)

In the light of the provisions and principles of the Convention, especially its articles 2, 3, 6, 12 and 24.3, the Committee is concerned at the practice of early marriage. It recommends that the State party undertake all appropriate measures, including legal measures, awareness-raising campaigns with a view to changing attitudes, counseling and reproductive health education, to prevent and combat this traditional practice which is harmful to the health and well-being of girls and the development of the family. (Paragraph 28)

UN Human Rights Committee
Last reported: 19 and 20 October 2011
Concluding Observations adopted: 1 and 2 November 2011

The Committee is concerned that the minimum age for marriage is too low and that it differentiates on the basis of sex. The Committee is also concerned that the State party does not take active measures to prevent early marriages that are practiced by some parts of the population. (arts. 3, 23)

The Committee urges the State party to:

(a) Eliminate discrimination on the basis of sex in the minimum age of marriage. It should also ensure that the minimum age complies with international standards and should adopt active measures preventing early marriage of girls. (Paragraph 10)

UN Committee on the Elimination of Discrimination against Women
Last reported: 13 October 2011

The Committee notes with concern the continued application of the discriminatory provisions contained in the State party's Personal Status Act, in particular the permissibility of polygamy, the prohibition for Muslim women to marry non-Muslim men, the requirement of consent of walis for the marriage of Sunni women, the restrictions on women's right to divorce, and the inheritance rights of Sunni women, who unlike Shia women, must share their deceased husband's property with his male relatives. The Committee is also concerned about the absence of information on any steps taken by the State party to raise the minimum age of marriage for women and men from 15 and 17 years, respectively, to 18, as recommended by the Committee, as well as on measures to prevent early marriages in tribal groups.

The Committee recommends that the State party:

(a) Review the discriminatory provisions of the Personal Status Act and in particular repeal the prohibition for Muslim women to marry non-Muslim men and restrictions on women's right to divorce, raise the legal minimum age of marriage to 18 for both men and women in conformity with the Convention on the Rights of the Child, and take all necessary measures to prevent the practice of early marriage in all societal groups in the State party;

(b) Eliminate the requirement of consent of walis (guardians) for the marriage of Sunni Muslim women;

(c) Discourage and prohibit polygamous marriage in practice and in law, in accordance with the Committee's General Recommendation No. 21 (1994); and

(d) Consider revising the provisions of inheritance law so that women are able to inherit on terms of equality with men. (Paragraphs 50 and 51)

The Committee also expresses its deep concern that articles 110 of the State party's Civil Code and 209 of the Personal Status Act still vest the guardianship over a minor child to a father and other male relatives, while mothers can serve as guardians only when authorised through a court decision. Thus, mothers continue to be prevented from taking decisions and representing their children before official bodies, in particular in regard to registering their children in and transferring them to schools in which case they need a power of attorney from the father even if the mother has been appointed a guardian by the court.

The Committee urges the State party to:

(a) Ensure that both fathers and mothers can exercise custodial and guardianship rights over their minor children on an equal basis in all areas of life in accordance with the best interest of the child standard as contained in the Convention on the Rights of the Child to which Kuwait is a party, and article 16 of the Convention. (Paragraphs 52 and 53)

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Trafficking

UN Committee on Economic, Social and Cultural Rights
Last reported: 30 April and 3 May 2004
Concluding Observations adopted: 14 May 2004

The Committee is concerned about the rising incidence of trafficking in persons, especially women and children, including for the purpose of domestic work.

The Committee urges the State party to:

(a) Take effective measures to combat trafficking in persons, especially in women and children, by ensuring, inter alia, that those responsible for trafficking are prosecuted, and to ratify the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, of 2001. The Committee recommends that the State party establish support services for victims of trafficking and take steps to sensitise law enforcement officials and the general public to the gravity of this issue. The Committee requests the State party in its next periodic report to report on the progress made in this regard. (Paragraphs 21 and 41)

UN Committee on the Elimination of Discrimination against Women
Last reported: 13 October 2011

While welcoming the information about the submission of a draft Law against Trafficking in Persons and the Smuggling of Migrants to the National Assembly, and the prohibition for employers in the civil and oil sectors to withhold the travel documents of employees, the Committee notes the lack of clarity about the envisaged definition of trafficking in persons in the draft Law and expresses its concern about the explanation provided by the State party regarding the maintenance of stringent standards of proof applied by the courts and the Criminal Investigation Division for determining whether women are forced into prostitution against their will, in particular the evidence of coercion such as locked doors and barred windows. The Committee is also concerned at the information given that non-citizen women who are victims of forced prostitution are granted residence permits only if a sponsor is available for the victim and the victim's innocence is proven.

The Committee recommends that the State party:

(a) Include in its draft Law against Trafficking in Persons a definition of trafficking as well as safeguards of investigation, prosecution and punishment of such acts in accordance with the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children supplemental to the United Nations Convention against Transnational Organised Crime;

(b) Establish a centralised national mechanism to coordinate efforts aiming at preventing and combating trafficking in persons and protecting its victims, and adopt a national plan of action in that regard;

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c) Relax stringent standards of evidence of coercion and allow for the consideration of the whole set of circumstances in cases of forced prostitution, and consider granting residence permits on humanitarian grounds to non-citizen women who are victims of trafficking and forced prostitution;

(d) Collect data on acts of trafficking and on victims who have been detained, prosecuted or deported since 2005 for acts such as prostitution or absconding; and

(e) Address the root causes of trafficking, including its close link to prostitution and sexual exploitation of women and girls, including foreign domestic workers. (Paragraphs 32 and 33)

Universal Periodic Review (May 2010)

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);

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Discriminatory laws on nationality

UN Committee on the Rights of the Child (Concluding Observations, October 1998)

The Committee is further concerned that in the light of the State party's legislation regarding citizenship, nationality may only be obtained by a child from his/her Kuwaiti father. The Committee recommends that domestic legislation be amended to guarantee that the acquisition of Kuwaiti nationality be determined in light of the provisions and principles of the Convention, especially articles 2, 3 and 7. (Paragraph 20)

UN Human Rights Committee
Last reported: 19 and 20 October 2011
Concluding Observations adopted: 1 and 2 November 2011

The Committee is concerned about discrimination between Kuwaiti men and women with regard to the ability to transmit Kuwaiti nationality to their children, and also concerned that children who are born in Kuwait to stateless parents may not acquire any nationality. The Committee is concerned about the lack of transparency in the process of acquiring Kuwaiti nationality, in particular with respect to the failure to communicate the reasons behind the denial of such nationality, and about the absence of a review process, which fosters arbitrary decisions. (arts. 2, 3, 24, 26)

The Committee urges the State party to:

(a) Guarantee the right of every child to acquire a nationality, in compliance with article 24, paragraph 3 of the Covenant, and end discrimination between men and women in the transmission of nationality. The State party should guarantee that applicants are officially informed of the reasons why they were denied Kuwaiti nationality, and should also implement a review procedure. (Paragraph 12)

UN Committee on the Elimination of Discrimination against Women

Last reported: 13 October 2011

The Committee reiterates its serious concern that under the Nationality Act female Kuwaiti nationals are not entitled to pass on their nationality to their children, except in cases of divorce, death or statelessness of the father of the children and that even in such instances the decision to grant nationality to the child is not automatic. It notes with concern that unlike men, Kuwaiti women are still unable to pass their nationality to their foreign spouses. The Committee is also concerned about reports that the issuance and renewal of identity cards for the Bidoun – "illegal residents" is subject to the requirement that they sign affidavits renouncing any claim to Kuwaiti nationality.

The Committee urges the State party to:

(a) Review the Nationality Act to ensure equality between women and men with regard to the acquisition, change and retention of nationality and to enable Kuwaiti women to pass their nationality to their children and to their foreign spouses; and

(b) Refrain from forcing Bidoun - "illegal residents" upon issuance or renewal of their identity cards to sign affidavits renouncing any claim to Kuwaiti nationality. (Paragraphs 26 and 37)

UN Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance
Maurice Glèlè-Ahanhanzo
Report published: 14 January 1997

The legislation on nationality is discriminatory in that it establishes a hierarchy of citizenship. Those who acquired Kuwaiti nationality by virtue of having settled in the country prior to 1920 are full citizens, while those who acquired nationality in other ways do not enjoy the full range of civil and political rights. Furthermore, the child of a Kuwaiti woman married to a Bidun or a foreigner is not Kuwaiti. Kuwaiti nationality is granted at the discretion of the Ministry of the Interior and, as such, does not benefit from any judicial guarantees. Generally speaking, Kuwaiti nationality is considered a privilege, not a right (Paragraph 11)

The Act of 1959 has not been correctly applied. One committee accepts a person as Kuwaiti while another says that his brother is not Kuwaiti. Until 1985, they were all considered Kuwaiti. Before that date, a child born of a Kuwaiti mother and a Bidun was considered Kuwaiti. This provision has been repealed, and such children have become stateless. There are cases where, in a single family, children under the age of 18 become Kuwaiti while those over that age remain Bidun (Paragraph 49)

Universal Periodic Review (May 2010)

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); (rejected)

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 penalise violence against women and girls in all forms, including domestic violence and marital rape (Israel); (rejected)

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Discrimination in the provision of education

UN Committee on the Rights of the Child (Concluding Observations, October 1998)

The Committee is concerned that neither the Constitution nor legislation fully conforms to article 2 of the Convention, and does not specifically prohibit discrimination on the basis of race, colour, political or other opinion, national, ethnic or social origin, property, disability, birth or other status. The Committee is concerned at the existence of some laws, regulations or practices which are discriminatory towards non-Kuwaitis and girls, especially with regard to the right to education and inheritance. The Committee encourages the State party to review its legislation with a view to prohibiting discrimination on all grounds covered by article 2 of the Convention. Furthermore, in light of article 2 of the Convention, which requires State parties to ensure the implementation of all rights recognised by the Convention to each child within their jurisdiction, the Committee recommends the State party to take all appropriate measures to safeguard the rights of Bedoon children, migrant children, other non-citizens, and girls, especially with regard to access to education, health and other social services. (Paragraph 17)

The Committee is concerned that the State party does not have specific domestic legislation for determining the status of and protecting refugees, including children, and is currently not a party to any of the main treaties on statelessness or refugees. The Committee recommends that the State party review its domestic legislation with a view to including provisions for determining the status of and protecting refugees, including children, especially with regard to access to education, health and other social services. (Paragraph 29)

UN Committee on Economic, Social and Cultural Rights
Last reported: 30 April and 3 May 2004
Concluding Observations adopted: 14 May 2004

The Committee is also concerned that the State party does not provide free compulsory education to non-Kuwaiti children as a right enshrined in the Covenant.

The Committee urges the State party to:

(a) Adopt the necessary measures to ensure that non-Kuwaiti children living in Kuwait have access to free compulsory education as a right enshrined in the Covenant. In this regard, the Committee recommends that the State party provide in its next periodic report disaggregated data. (Paragraphs 26 and 46)

UN Committee on the Elimination of Discrimination against Women
Last reported: 13 October 2011

While noting increased numbers of girls and women enrolled in universities, especially in studies of medicine and engineering, the Committee expresses its concern at the instructions of the Ministry of Education preventing married students from continuing studies in day schools while permitting their registration in evening schools, despite much higher drop-out rates in evening schools. The Committee notes with concern the segregation of students based on sex in public secondary schools and universities pursuant to Law No. 24/1996 and the employment of only same-gender educational and administrative staff in the public schools, which may perpetuate discriminatory stereotypes. It is also concerned about the lack of clarity as to whether education on sexual and reproductive health and rights forms part of public school curricula.

The Committee recommends that the State party:

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a) Review regulations on married women's attendance at schools and allow their enrolment in day schools;

(b) Allow for mixed education in public schools and employ mixed-gender educational and administrative staff in public schools; and

(c) Include more comprehensive education on sexual and reproductive health and rights in public school curricula. (Paragraphs 38 and 39)

Universal Periodic Review (May 2010)

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); (unclear whether accepted or rejected)

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Discrimination against women and girls in personal status laws

UN Committee on the Rights of the Child (Concluding Observations, October 1998)

The Committee is concerned that neither the Constitution nor legislation fully conforms to article 2 of the Convention, and does not specifically prohibit discrimination on the basis of race, colour, political or other opinion, national, ethnic or social origin, property, disability, birth or other status. The Committee is concerned at the existence of some laws, regulations or practices which are discriminatory towards non-Kuwaitis and girls, especially with regard to the right to education and inheritance. The Committee encourages the State party to review its legislation with a view to prohibiting discrimination on all grounds covered by article 2 of the Convention. Furthermore, in light of article 2 of the Convention, which requires State parties to ensure the implementation of all rights recognised by the Convention to each child within their jurisdiction, the Committee recommends the State party to take all appropriate measures to safeguard the rights of Bedoon children, migrant children, other non-citizens, and girls, especially with regard to access to education, health and other social services. Lastly, the Committee recommends that all appropriate measures be taken to guarantee that girls are systematically treated equally, especially with regard to the right to inheritance. (Paragraph 17)

UN Committee on the Elimination of Discrimination against Women
Last reported: 13 October 2011

The Committee notes with concern the continued application of the discriminatory provisions contained in the State party's Personal Status Act, in particular the permissibility of polygamy, the prohibition for Muslim women to marry non-Muslim men, the requirement of consent of walis for the marriage of Sunni women, the restrictions on women's right to divorce, and the inheritance rights of Sunni women, who unlike Shia women, must share their deceased husband's property with his male relatives.

The Committee recommends that the State party:

(a) Review the discriminatory provisions of the Personal Status Act and in particular repeal the prohibition for Muslim women to marry non-Muslim men and restrictions on women's right to divorce, raise the legal minimum age of marriage to 18 for both men and women in conformity with the Convention on the Rights of the Child, and take all necessary measures to prevent the practice of early marriage in all societal groups in the State party;

(b) Eliminate the requirement of consent of walis (guardians) for the marriage of Sunni Muslim women;

(c) Discourage and prohibit polygamous marriage in practice and in law, in accordance with the Committee's General Recommendation No. 21 (1994); and

(d) Consider revising the provisions of inheritance law so that women are able to inherit on terms of equality with men. (Paragraphs 50 and 51)

Universal Periodic Review (May 2010)

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 penalise violence against women and girls in all forms, including domestic violence and marital rape (Israel);

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Violence against women and girls (particularly domestic violence)

UN Committee on the Rights of the Child (Concluding Observations, October 1998)

The Committee is concerned at the insufficient awareness of and lack of information on domestic violence, ill-treatment and abuse, including sexual abuse, both within and outside the family, at the insufficient legal protection measures and insufficient resources, as well as at the lack of adequately trained personnel to prevent and combat such abuse. In the light of article 19 of the Convention, the Committee recommends that the State party undertake multidisciplinary studies on the nature and scope of ill-treatment and abuse, including sexual abuse, with a view to adopting adequate measures and policies, in order to, inter alia, change traditional attitudes. It also recommends that a special complaint mechanism be established for children to report such ill-treatment, domestic violence and abuse. It further recommends that cases of abuse and ill-treatment of children, including sexual abuse within the family, be properly investigated, sanctions applied to perpetrators and publicity given to decisions taken in such cases, due regard being given to protecting the right to privacy of the child. It is also recommended that consideration be given to adopting child-friendly rules for the provision of evidence in such proceedings. Further measures should be taken with a view to ensuring the provision of support services to children in legal proceedings, the physical and psychological recovery and social reintegration of the victims of rape, abuse, neglect, ill-treatment, violence or exploitation, in accordance with article 39 of the Convention, and the prevention of criminalisation and stigmatisation of victims. (Paragraph 22)

UN Committee on the Elimination of Discrimination against Women
Last reported: 13 October 2011

The Committee is concerned that no shelters are available for married women victims of violence and that the Care Centres attached to the Ministry of Social Affairs and Work refuse to accommodate girls under 18 subjected to family violence.

The Committee urges the State party to:

(a) To provide for sufficient number and quality of shelters for all female victims of violence without restrictions linked to age or marital status. (Paragraphs 30 and 31)

While welcoming the recent enactment regarding the obligation for all physicians to report physical and psychological violence against children under the age of 17 to the Social Protection Police, the Committee expresses its concern at the lack of policy for medical personnel to monitor and report cases of domestic violence against women and continued practice of seeking male guardian's consent to medical treatment of a woman. The Committee is also concerned about the lack of legislation regulating the detention and treatment of mentally-ill patients in psychiatric hospitals without a determination of detention and its duration. The Committee is particularly concerned about reports relating to several incidents of involuntary psychiatric hospitalisation of women for social misbehaviour or breaking societal norms.

The Committee urges that the State party:

(a) Ensure regular training and sensitisation of medical personnel in order to systematically monitor all acts of domestic violence and report thereon to law enforcement authorities;

(b) Abolish, as a matter of priority, the requirement of male guardian's consent to urgent or non-urgent medical treatment of a woman;

(c) Adopt a law on mental health to regulate the detention and treatment of mentally-ill patients in psychiatric hospitals in accordance with international standards, including a determination of detention and its duration by the court; (Paragraphs 42 and 43)

UN Committee against Torture
Last reported: 11 and 12 May 2011

The Committee notes with concern numerous allegations on violence against women and domestic violence, on which the State party has not provided information. The Committee is concerned at the absence of a specific law on domestic violence, as well as the lack of statistical information on the overall complaints of domestic violence reported and the number of investigations, convictions and punishments meted out (arts. 2 and 16).

The Committee calls upon the State party to:

(a) Enact, as a matter of urgency, legislation to prevent, combat and criminalise violence against women, including domestic violence;

(b) Carry out research and data collection on the extent of domestic violence, and provide the Committee with statistical data on complaints, prosecutions and sentences;

(c) Organise the participation of its public officials in rehabilitation and legal assistance programmes and to conduct broad awareness campaigns for officials such as judges, law officers, law enforcement agents and welfare workers, who are in direct contact with victims. The population at large should be made aware of those programmes. (Paragraph 23)

Universal Periodic Review (May 2010)

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 penalise violence against women and girls in all forms, including domestic violence and marital rape (Israel); (rejected)

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Corporal punishment

UN Committee on the Rights of the Child (Concluding Observations, October 1998)

The Committee expresses its concern about the lack of a specific prohibition in domestic legislation of the use of corporal punishment. The Committee recommends that the State party take all appropriate measures, including of a legislative nature, to prohibit corporal punishment in schools, in the family and other institutions, and in society at large. The Committee also suggests that awareness-raising campaigns be conducted to ensure that alternative forms of discipline are administered in a manner consistent with the child's human dignity and in conformity with the Convention, in the light of article 28.2 of the Convention. (Paragraph 21)

Universal Periodic Review (May 2010)

79. A - 10. Take appropriate measures and introduce legislation which would prohibit corporal punishment of children (Slovenia); (accepted)

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Inappropriate juvenile justice system

UN Committee on the Rights of the Child (Concluding Observations, October 1998)

The Committee is concerned at the situation of the administration of juvenile justice and in particular its full compatibility with the Convention, as well as other relevant United Nations standards. The Committee recommends that the State party consider taking additional steps to reform the system of juvenile justice in the spirit of the Convention, in particular articles 37, 39 and 40, and of other United Nations standards in this field, such as the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules), the United Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines) and the United Nations Rules for the Protection of Juveniles Deprived of their Liberty. 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, to 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. Training programmes on relevant international standards should be organised for all those professionals involved with the system of juvenile justice. The Committee suggests that the State party consider seeking technical assistance from, inter alia, the Office of the United Nations High Commissioner for Human Rights, the Centre for International Crime Prevention, the International Network on Juvenile Justice and UNICEF, through the Coordination Panel on Technical Advice and Assistance in Juvenile Justice. (Paragraph 33)

Universal Periodic Review (May 2010)

A - 59. Work towards setting up programmes to rehabilitate juvenile offenders, and update legislation concerning juveniles (Qatar); (accepted)

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Restrictive abortion laws

UN Committee on Economic, Social and Cultural Rights
Last reported: 30 April and 3 May 2004
Concluding Observations adopted: 14 May 2004

The Committee takes note with concern of the statement made by the delegation of the State party that abortion is allowed only when the life of the mother is endangered. The Committee is also concerned about the lack of a comprehensive sexual and reproductive health programme in the State party.

The Committee urges the State party to:

(a) Expand legislation to include other motives for performing legal abortion with a view to preventing illegal abortion.

(b) Develop a comprehensive sexual and reproductive health programme and report back to the Committee on this issue in its next periodic report. (Paragraphs 23 and 43)

UN Committee on the Elimination of Discrimination against Women
Last reported: 13 October 2011

The absence of clarity about the medical standard establishing grounds for abortion in the cases of rape and incest is yet another source of concern.

The Committee urges that the State party:

(d) Adopt medical standards and provide for implementation mechanisms establishing that rape and incest constitute grounds for abortion. (Paragraphs 42 and 43)

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Countries

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