Laws That Let Mothers Kill Newborns and Kidnappers Escape Justice in Kuwait Scrapped
KUWAIT CITY, May 25: In alignment with the constitutional principles of the State of Kuwait—particularly those enshrining the protection of motherhood and childhood—and in fulfillment of its international obligations on human rights, the government has initiated a legal amendment to repeal Articles 159 and 182 of the Penal Code (Law No. 16 of 1960).
Repealing Article 159: Protecting the Right to Life
Article 159 has long allowed a legal mitigating excuse for mothers who kill their newborns immediately after birth to avoid societal shame. This provision is now under fire for directly contradicting the values outlined in Kuwait's Constitution and international human rights commitments.
Specifically, Article 9 of the Constitution states that "the family is the foundation of society," and mandates the state to protect motherhood and childhood. Article 10 emphasizes the state's duty to care for the young and protect them from exploitation and neglect. The right to life, a foundational human right, is also deeply rooted in Islamic teachings, including verses from the Holy Qur'an such as: 'And when the girl buried alive is asked, for what sin was she killed?' (Surat At-Takwir, 8–9) and 'Do not kill your children for fear of poverty. We provide for you and for them.' (Surat Al-Isra, 31).
The continued existence of Article 159 is also inconsistent with Kuwait's obligations under the United Nations Convention on the Rights of the Child (1989), ratified by Kuwait through Law No. 104 of 1991. Article 6 of the Convention affirms every child's inherent right to life and obligates state parties to ensure the child's survival and development to the maximum extent possible. The provision also contradicts the Arab Charter on the Rights of the Child (1983), ratified by Kuwait via Law No. 36 of 1993, which demands the highest level of legal protection for children against all forms of violence and neglect.
Repealing Article 182: Ending Legal Impunity for Kidnappers
The government also seeks to abolish Article 182, which grants an exemption from punishment to a kidnapper if he marries the abducted woman. Legal experts and human rights advocates argue that this provision blatantly violates constitutional and international standards of justice and gender equality.
Article 29 of Kuwait's Constitution affirms that "people are equal in human dignity and before the law in public rights and duties, without discrimination based on gender, origin, language, or religion." By allowing perpetrators to avoid legal consequences through marriage, Article 182 creates gender-based legal discrimination and violates the rights of victims, perpetuating a culture of impunity and injustice.
The repeal of this article is considered essential to align Kuwait's legal framework with both its constitutional commitments and international conventions related to the prevention of violence against women.
Legislative Action and Implementation
Following the Amiri Order issued on October 5, 2024, which grants legislative authority to enact laws through decree-laws, a draft decree-law has been prepared. Article One of this draft law formally repeals Articles 159 and 182 of the Penal Code. Article Two mandates that all concerned ministers take necessary steps to implement the law, which will come into effect upon its publication in the Official Gazette.
This move is being hailed as a significant step toward ensuring justice, safeguarding fundamental human rights, and aligning national legislation fully with Kuwait's constitutional values and international commitments.
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