5. Two legislative proposals have been submitted to the Kuwaiti Parliament to
amend the Nationality Law. In 2017, two members of parliament, Al Hamidi Al
Subaie and Dr. Khalil Ali, submitted a proposal to amend Article 2 of the
Lawi which provides that “anyone is considered Kuwaiti whomever is born in
Kuwait or outside to a Kuwaiti father or mother”. The other legislative proposal
sought to grant the children of Kuwaiti women married to non-nationals the right
to acquire the nationality upon reaching the age of 21, with certain pre-conditions
including residence in Kuwait until reaching adulthood. Both of these proposals
are still pending in the parliament with no indication that the proposals will in fact
be discussed or considered by the Parliament in the near future.
6. UN committees including the Committee on the Elimination of Discrimination
against Women, the Committee on the Elimination of Racial Discrimination and
the Committee on the Rights of the Child have urged Kuwait to ensure gender
equality in the 1959 Nationality Law and to undertake a comprehensive review of
all existing laws that affect gender equality.
7. In its responses to the recommendations of the Working Group of the Universal
Periodic Review session held in January 2015, the delegation indicated that
Kuwaiti citizenship law No.15/1959 “provides children of Kuwaiti women with
Kuwaiti citizenship in certain cases for humanitarian reasons (art. 3). Article 5
also stipulated that citizenship would be passed on to the children of Kuwaiti
women when those children remained residents of Kuwait at the age of majority,
especially if their foreign father was a prisoner of war, or if the father had
obtained a final divorce, or was deceased”ii.
8. The State of Kuwait did not support the recommendations made by some
countries, in the report of the Working Group of the Universal Periodic Review on
16 June 2010, to consider repealing discriminatory laws including the Nationality
Law , for example that Kuwait should “[r]eview 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.iii
9. In particular, the International Covenant on Civil and Political Rights committee,
in its concluding observation on the third periodic report of Kuwait on 11 August
2016 recommended Kuwait “should: (a) undertake a comprehensive review of
existing laws to repeal or amend, in accordance with the Covenant, all
discriminatory provisions that affect gender equality; (b) take appropriate
measures to enhance and promote equality”.iv
Impunity for rapists and so-called honor crimes
10. Article 182 of the Kuwaiti Penal Code exempts rapists from punishment if they
marry their victims, thereby promoting violence against women and girls. It states
that if a perpetrator of rape legally marries the victim with the permission of the
victim’s guardian, and the guardian requests that the perpetrator not be
punished, then the perpetrator will enjoy impunity. The law serves to ward off
“shame” and preserve the “honor and dignity” of the victim’s family. Women and
girls who are kidnapped and/or raped are often forced into marrying their
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