or economic system of the country”. Such decisions are made with no regard for due process,
and are not subject to any judicial or administrative appeals process.
It has been reported that between 2014 and 2016, at least 120 people, including a newspaper
publisher, were arbitrarily deprived of their nationality.32 It remains unclear today how many
individuals remain without nationality and how many additional persons have been
denationalised since 2016.
3.2.2 Gender discrimination
Kuwaiti women are not entitled to pass on their nationality to their spouses or children , except
in cases of divorce from or the death of the father of their children, and even in such instances
the decision to grant nationality to the child is not automatic. Kuwaiti women cannot pass their
nationality to a foreign spouse, a right reserved for Kuwaiti men. As such, the spouse is
precluded from political participation and has limited access to employment and public housing
provisions.
In addition, foreign husbands of Kuwaiti women have no legal right to remain in the country
without a residency permit. In contrast, foreign women married to Kuwaiti men are granted
residency automatically and qualify for citizenship after 15 years of marriage. This discrimination
in Kuwait nationality laws inhibits women’s ability, in practice, to freely choose a spouse, in
violation of CEDAW Article 16, further entrenching traditional stereotypes regarding the
primacy of male legal identity, and contributing to women’s inequality within the family and
society at large.33 Further entrenchment of such stereotypes is in breach of Kuwait’s obligations
under CEDAW Article 5(a).
Gender discrimination in the nationality law results in a range of other human rights violations,
impacting children, women and their foreign male spouses.34 This discrimination also
exacerbates the issue of statelessness over generations.
In 2017, the Committee on the CERD recommended that Kuwait “modify the Nationality Act to
allow Kuwaiti women married to foreigners to pass on their nationality to their children and
32
The Economist, To silence dissidents, Gulf states are revoking their citizenship, 26 November 2016,
https://www.economist.com/middle-east-and-africa/2016/11/26/to-silence-dissidents-gulf-states-arerevoking-their-citizenship (accessed 11 July 2019).
33
Global Campaign for Equal Nationality Rights – UNHCR, “CEDAW Quick Reference Guide: Statelessness and
Human Rights Treaties,” 2017, available at: http://equalnationalityrights.org/images/zdocs/CEDAW-QuickReference-Guide.pdf
34 These include the denial of the right to a nationality and resultant statelessness; lack of access to
public education, healthcare and other services; increased risk of gender-based violence and impeded
family reunification in violation of article 9 of the Kuwaiti constitution. For example, when foreign men
are denied access to their Kuwaiti spouses’ nationality, they may be forced to live away from their
children due to challenges in acquiring residency permits and obstacles to employment, or they may try
to take the children away from the mother and back to their own country. For more, see: Equality Now,
Campaign to End Sex Discrimination in Nationality and Citizenship Laws, 2013 (updated May 2014,
February 2015), http://www.equalitynow.org/sites/default/files/NationalityReport_EN.pdf (accessed 11
July 2019).
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UPR KUWAIT