perpetrators due to family and societal pressure as a way to “save the honor of
the family”.
11. Article 153 of the Kuwaiti penal code stipulates that a man who finds his mother,
wife, sister or daughter in the act of adultery and kills them is only punished by a
maximum of 3 years in prison and/or a fine of 300 Rupees (KD 225).
12. In 2017, the Human Rights Council recommended that all nations remove any
provisions that enable, justify or lead to forced marriage, including provisions that
enable perpetrators of rape to escape prosecution and punishment by marrying
their victims, in particular by repealing such laws. v In November 2017, the
Committee on the Elimination of Discrimination against Women (CEDAW) called
on Kuwait specifically to “repeal article 182 of the Criminal Code in order to
prevent kidnappers and rapists from avoiding criminal prosecution by marrying
their victim with the consent of the victim’s guardian,”vi and to “Abolish all
discriminatory provisions contained in the Personal Status Act, including those
regarding the legalization of child marriage (arts. 24 and 26), and in the Criminal
Code, including those providing for reduced sentences for men who kill women in
the name of so-called honour (art. 153)”.vii
Recommendations for Action by the Government of Kuwait
Equality Now, the Global Campaign for Equal Nationality Rights, Kuwaiti Women
without Limits, Abolish 153 organization and the Institute on Statelessness and
Inclusion respectfully call on the government of Kuwait to:
1. Comprehensively review and amend the Nationality Law to ensure that Kuwaiti
women, regardless of marital status, have equal rights with men to transfer
citizenship to their spouses and children.
2. Repeal Article 182 of the Kuwaiti Penal Code that pardons rapists and
perpetrators from punishment when they marry their victims.
3. Abolish Article 153 of the Kuwaiti Penal Code that provides reduced sentences
for men who kill women in the name of so-called honor.
i
In Arabic: https://raqib50.s3.amazonaws.com/uploads/suggestion/file/1615/46.pdf (last accessed 3 July
2019)
ii https://undocs.org/A/HRC/29/17
iii https://undocs.org/A/HRC/15/15/Add.1
ivhttps://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CCPR/C/KWT/CO
/3&Lang=En
v Available at https://www.ohchr.org/EN/HRBodies/HRC/Pages/Documents.aspx
vi Available at
https://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CEDAW%2fC%2fKW
T%2fCO%2f5
viihttps://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CEDAW/C/KWT/
CO/5&Lang=En
4