S TAT E L E S S B Y D E C R E E
The right to an effective remedy and fair
trial
“not subject to appeal
under any
circumstances”
DE CRE E L AW 1 5 8 / 2 0 2 4
The right to an effective remedy is set out in UDHR, Ar t 8
and 10, ICCPR, Ar t. 2(3) and 14(1), CERD, Ar ticle 6, and the
Arab Char ter on Human Rights, Ar ticle 12.
HRCʼs General Comment No. 31 and the UN General Assembly
urge States to “ensure that any person who alleges that his or her
human rights or fundamental freedoms have been violated has
access to a fair procedure for seeking full, effective and
enforceable remedy within a reasonable time and that, where
such violations have been established, victims receive an
adequate, effective and prompt remedy, which should include, as
appropriate, restitution, compensation, rehabilitation and
guarantees of non-recurrence”. 18
Kuwait ʼs Cour t of Cassation ruled in 2022 that nationality
matters are acts of sovereignty not subject to judicial
oversight. Decree Law 158/2024 explicitly states that
revocation decisions are “not subject to appeal under any
circumstances.” The Grievance Committee established in
March 2025 lacks independence and operates effectively
within the executive branch. The acts of GoK are in direct
contravention to the right to an effective remedy. It is also
notable that the right to an effective remedy and reparation
must also be complemented by the right to a fair trial. 19
Cascading violations of associated rights
Those stripped of citizenship have suffered loss of
employment and pensions, frozen bank accounts, loss of
state housing, denial of healthcare and education, and
restrictions on freedom of movement, constituting multiple
violations of rights protected under the core treaties.
Following her September 2025 visit to Kuwait, the United
Nations Special Rappor teur on Violence against Women and
Girls, its Causes and Consequences, Reem al-Salem, stated
that as of August 2025, between 40,000 and 60,000 individuals
had been impacted. She noted that:
“ Women bear a disproportionate burden as the majority of
those whose citizenship has been revoked, are foreign women
who had naturalized via marriage to Kuwaiti men under the
Article 8 [of the 1959 Nationality Law], along with the
descendants who inherited citizenship through maternal
lines.” 20
between
40,000
&
60,000
Individuals impacted as of August
2025, according to the UN
Special Rapporteur.
14
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