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Arab Times
16-07-2025
- Politics
- Arab Times
Calls grow to overhaul Kuwait's family laws
KUWAIT CITY, July 16: In a serious call for reform of the legal system related to the family, participants in a symposium organized by the Kuwaiti Society for the Prevention of Family Disintegration under the slogan, 'Stable Families... Stable Society', agreed on the necessity of amending Personal Status Law No. 51/1984, along with the related laws, such as the Law on Protection from Domestic Violence, Child Rights Law and Family Court Law. The participants pointed out that the reality has revealed legislative shortcomings, which threaten the stability of Kuwaiti families. Ibrahim Al-Kandari called for the total abolition of the current Personal Status Law, arguing that it is inconsistent with the customs and traditions of Kuwaiti society. He said that those who drafted the law derived the majority of its provisions -- around 70 percent -- from the Hanafi school, not the Maliki school, as some have claimed. He cited the imposition of a 'breastfeeding fee' as one example, which is applied only in the Hanafi school. He added, 'The current law cannot achieve family stability, as it contains burdensome provisions for the husband and does not take into account the specificities of the Kuwaiti society. The provisions on visitation and custody of the divorced husband are incomplete because he is not allowed to spend time with his children at his residence. The legislator did not address the issue of children spending the night with the father, and limited visitation to visitation centers without taking into account the geographical and social reality in Kuwait.' He stated that the Court of Cassation once ruled that visitation aims to connect the child to his family and maintain kinship ties, but the practical application undermined this goal. He also confirmed the issuance of court rulings that revoked the custody of mothers who refused to allow fathers to see their children. He talked about a loophole in determining the age of custody, indicating that 'the law does not specify when custody ends. A girl's custody ends with marriage and consummation, and a boy's upon reaching puberty, without clarifying what happens after that. The result is that the father is exempted from alimony without having the right to reside with his children.' Moreover, Attorney Hawra Al- Habib asserted that current laws suffer from legislative shortcomings that do not keep pace with societal changes. She said the vision in practical application is severely flawed, which negatively affected the children. She clarified that the Family Court Law lacks regulation of 'children's overnight stays,' leaving a legislative vacuum that has been filled through some court rulings. She added that both parties in divorce cases face two major shortcomings: the man's right to see the children and the woman's right to alimony, without clear controls or unified criteria for rulings. She presented an important proposal -- mandatory pre-divorce courses for spouses, which include explaining their rights and the legal and social consequences of divorce that may contribute to preventing disputes. On the controversy surrounding the Child Protection Law, she stressed that the law does not encourage children to rebel against their parents, and that disciplinary beatings are not criminalized unless they reach the level of violence. Despite some shortcomings, she considers the law one of the best and most protective of children's rights. She also disclosed that the Child Center of the Lawyers Association submitted recommendations to the Legislative Committee formed by the justice minister, including amendments to the Personal Status Law, Domestic Violence Law, and Child Law. She called for the issuance of effective executive regulations that ensure the implementation of the provisions, particularly the protection of the family and children. She confirmed that the right to visitation is the right of the child first, before being the right of the father or mother, and that restricting this right to a few hours in visitation centers undermines the child's best interests. She attributed the impact of these practices to the increase of cases involving juveniles and psychological problems. Al-Seyassah/Arab Times Staff
Arab Times
10-05-2025
- Politics
- Arab Times
United Nations unanimously adopts Kuwait's human rights report
GENEVA, May 10: The United Nations Human Rights Council (UNHRC) unanimously adopted Kuwait's fourth national report, affirming the country's commitment to enhancing its human rights framework. The report underscores Kuwait's dedication to strengthening its national human rights protection system through comprehensive legislative, institutional, and field reforms. Minister of Justice Counselor Nasser Al-Sumait led the Kuwaiti delegation during the session held in Geneva, presenting the national report within the framework of the UNHRC's Universal Periodic Review (UPR) mechanism. Key legislative and institutional reforms Kuwait highlighted several significant reforms aimed at aligning its legal framework with international human rights standards. These include: Protection from domestic violence: The enactment of the Law on Protection from Domestic Violence, establishing shelters and hotlines for victims. Amendments to Penal Code: Redefining the crime of torture in accordance with the Committee against Torture's recommendations.n Nationality Law Reforms: Amendments to the Nationality Law to align it with civil, economic, and social rights.n Abolition of Article 153: Supporting gender equality by repealing provisions that previously allowed lenient sentences for honor-based crimes.n Raising the Minimum Age of Marriage: Increasing the legal age of marriage to 18 years.n Abolition of Article 182: Removing exemptions from punishment for perpetrators of kidnapping who marry the victim.n Institutional developments Kuwait has established several institutions to bolster human rights protections, including: Domestic Violence Centers: Providing support services to victims. National Office for Child Protection: Focusing on safeguarding children's rights.n Women's Affairs and Business Committee: Enhancing the role of women in development.n Specialized Public Prosecution Offices: Addressing human trafficking and human rights violations.n Additionally, Kuwait launched child protection centers in July 2024 to address cases of abuse and neglect. Advancements in gender equality Kuwaiti women play a pivotal role in the nation's development, representing 58% of the total national workforce. Women's participation in the government sector stands at 60%, with 48% in both the private sector and the legal profession. Notably, women currently hold three ministerial portfolios in the government. Support for persons with disabilities Kuwait allocated approximately $340 million for the fiscal year 2023/2024 to support services for persons with disabilities. This funding benefits over 213,000 individuals across 82 educational and rehabilitation institutions, including schools, nurseries, and treatment centers. Anti-corruption measures The report highlights Kuwait's efforts to combat corruption through the preparation of new draft laws aimed at expanding the powers of the Anti-Corruption Authority, strengthening the role and independence of the judiciary, and tightening the protection of public funds in accordance with the United Nations Convention against Transnational Organized Crime. Digital transformation and environmental initiatives Kuwait has embraced digitization with the launch of the "Sahel" app, which has processed over 60 million e-transactions. The country has also adopted national strategies to reduce carbon emissions and protect the environment. International humanitarian efforts The report underscores Kuwait's role as a capital of humanitarian action, emphasizing its continued commitment to providing large-scale humanitarian aid through the Kuwait Fund for Arab Economic Development. The country supports relief efforts in conflict and disaster areas, particularly in Gaza, Syria, and Yemen, and has organized and hosted international donor conferences. Commitment to reform and sustainable development Under the leadership of His Highness the Amir Sheikh Mishal Al-Ahmad Al-Jaber Al-Sabah and His Highness the Crown Prince Sheikh Sabah Khaled Al-Hamad Al-Sabah, Kuwait continues its commitment to reform, modernization, and the promotion of rights and freedoms. These developments reflect the State of Kuwait's renewed commitment to advancing the human rights system based on the principles of the Constitution and international conventions aimed at achieving comprehensive and sustainable development. Engagement with UN Human Rights mechanisms The report notes that Kuwait received 302 recommendations in the previous UPR cycle, of which 230 were fully accepted, 6 were partially accepted, and 12 were taken into account. The state remains committed to transparency and openness, fully participating in dialogue sessions with relevant international treaty committees. Kuwait has also engaged with mandate holders and special procedures of the Council, responding to requests for field and scientific visits during 2023 and 2024, including mandates in the fields of development, violence against women, and the rights of persons with disabilities and migrants. The national report, covering the period from 2020 to the end of 2024, was prepared through a comprehensive participatory methodology involving government agencies, civil society, and the National Bureau for Human Rights. The Kuwaiti delegation pledged to study the 290 recommendations submitted by member states of the United Nations Human Rights Council, focusing on strengthening human rights mechanisms
