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 She noted that: “ Women bear a disproportionate burden as the majority of those whose citizenship has been revoked, are foreign women who had naturalized via marriage to Kuwaiti men under the Article 8 [of the 1959 Nationality Law], along with the descendants who inherited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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