S TAT E L E S S B Y D E C R E E
S TAT E L E S S B Y D E C R E E
Prohibition of discrimination
26,000
The prohibition of discrimination is one of the foundational
tenets of international human rights law. UDHR Ar ticle 1
declares that “all human beings are born free and equal in
Of more than 37,000 documented
revocations as of August 2025
dignity and rights” and Ar ticle 2 provides that all rights
affected women.
shall be enjoyed without discrimination. The prohibition of
A RTI CL E 8
discrimination is, among others, laid out in ICCPR, Ar t 26
The provision of Kuwait’s 1959
and CERD, Ar t. 5(d)(iii). A State must not deprive an
Nationality Law under which
individual of their nationality as a result of direct or
foreign women acquired
nationality by marriage.
indirect discrimination in law or practice, on any ground
prohibited under international law, including race,
colour, sex, language, religion, political or other opinion, national or social
origin, ethnicity, proper ty, bir th or inheritance, disability, sexual orientation or
gender identity, or other real or perceived status, characteristic or aff iliation.
Each State is bound by the principle of non-discrimination between its nationals,
regardless of whether they acquired nationality at bir th or subsequently, and
whether they have one or multiple nationalities.
Women who acquired nationality through marriage under Ar ticle 8 of Kuwait ʼs
1959 Nationality Law constitute the majority of those stripped of citizenship
during the ongoing campaign. As of August 2025, at least 26,000 of the more than
37,000 documented revocations affected women.
The 2009 Secretary-Generalʼs repor t on arbitrary deprivation of nationality recalls
that “the principle of non-discrimination is a common feature applicable to the
context of international human rights instruments”, including in respect to
“issues related to nationality ”. 16 Any deprivation of nationality on discriminatory
grounds is considered arbitrary for the purposes of international law. This is
aff irmed across different international conventions, soft law instruments,
jurisprudence, and enjoys broad consensus in doctrinal writings. 17
Prohibition of arbitrary deprivation of
nationality
The prohibition of arbitrary deprivation of nationality is set out in Ar ticle 15(2) of
the UDHR and subsequently enshrined in different international and regional
legal instruments. The deprivation of nationality is presumptively arbitrary and
may only be overridden in circumstances where such deprivation is, at a
minimum: carried out in pursuance of a legitimate purpose, provided for by law,
necessary, propor tionate and is in accordance with procedural safeguards.
Decree Laws 116/2024 and 158/2024, issued on 23 and 31 December 2024,
formalised the retroactive revocation of citizenship of thousands of individuals
without individual adjudication, notice or independent review, in direct violation
of the prohibition on arbitrary deprivation of nationality under international law.
OVERVIEW
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