Suzan El Tahhan
Bidoons: A Statelessness Plight in Kuwait
مجلة الدراسات القانونية واالقتصادية
of non-citizens to an adequate standard of physical and mental health by, inter alia,
refraining from denying or limiting their access to preventive, curative and palliative
health services." 82
The Committee has further expressed its concerns about the violations of the
rights of undocumented non-citizens. International law requires Kuwaiti government
to implement a health policy that considers affordability and accessibility of services
to all residents in its territory. 83
Accordingly, though Kuwait is not a State party to the 1954 Convention, nor
does it recognize statelessness on its territory, Kuwait is still not free of all
obligations under international law regarding its discriminatory schemes treating
Bidoons as lower human beings not entitled to all international protection.
On the other hand, although Kuwait has never ratified the 1954 or the 1961
conventions on statelessness, and regardless the fact that nationality is a matter of
state sovereignty, international law has put limits on States when refusing to grant
citizenship to those who would remain stateless within its territory.84
The International Court of Justice, in the Nottebohm case, defined nationality
as "a legal bond having as its basis a social fact of attachment, a genuine connection
of existence, interests, and sentiments."85 A "genuine and effective link," as the "real
and effective nationality" has been termed, is determined by considering factors laid
out in Nottebohm, including the "habitual residence of the individual concerned but
82
Human Rights Watch, Prisoners of the Past: Kuwaiti Bidoons and the Burden of Statelessness, 13 June 2011,
P.41, available at: http://www.refworld.org/docid/4df7191b2.html [accessed 23 December 2015].
83
Ibid.
84
Human Rights Watch, Prisoners of the Past: Kuwaiti Bidoons and the Burden of Statelessness, 13 June 2011, P.46,
available at: http://www.refworld.org/docid/4df7191b2.html [accessed 23 December 2015].
85
Nottebohm Case (Liechtenstein v. Guatemala); Second Phase, International Court of Justice (ICJ), 6 April 1955,
available at: https://www.refworld.org/cases,ICJ,3ae6b7248.html [accessed 5 February 2019]
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