Latest news with #KuwaitiConstitution
Kuwait Times
01-07-2025
- Business
- Kuwait Times
A call for gender equity, constitutional fairness
By Dr Abdullah Ahmed Alkayat Kuwait's Commercial Code No 68 of 1980 has shaped the way business is done in the country for decades. Among its many provisions are Articles 21 and 22, which might seem minor at first glance. But if you look closely, they raise deeper concerns — ones that touch on gender equality and constitutional fairness in a way that can't be ignored. These two articles deal with the commercial activities of foreign women in Kuwait. Specifically, if a woman from abroad wants to start a business here, and she's married under a communal property regime — common in many legal systems — then her husband must take a rather unusual step: he has to file a formal protest in Kuwait's Commercial Register to avoid being held liable for any debts she may incur through her business. Now, in theory, the idea behind this requirement is to protect third parties — people who might assume that, under a shared property arrangement, the husband would automatically be responsible for commercial debts. From that angle, maybe it makes sense. Or at least it tries to. But here's where things get complicated — and frankly, unfair. This legal obligation applies only to women. If a foreign man is married under the exact same type of property system, there's no similar burden on his wife. She can't file a protest to shield herself, and the law doesn't even entertain the idea that she might be financially affected by his business dealings. That's not just an oversight. It's a double standard. And it's one that reflects an outdated assumption: that women are somehow the 'exception' in business, while men are the norm. That women are dependent, and men independent. But we all know that this doesn't match today's reality. Women — both in Kuwait and around the world — are business owners, executives, investors, and entrepreneurs. They are financial actors in their own right. So why is the law still treating them differently? This brings us to the Kuwaiti Constitution. Article 29 states that all people are equal in dignity and in public rights and duties before the law, with no discrimination based on race, origin, language, or religion. True, gender isn't explicitly mentioned — but it's hard to imagine that such a fundamental characteristic could fall outside the spirit of this principle. When the law imposes a legal burden on one gender and not the other, that's a serious issue. It cuts against the very idea of equality before the law. And there are practical concerns too. Suppose a foreign couple comes to Kuwait, and the wife starts a business. If the husband doesn't know about this protest requirement — or simply forgets — he might suddenly find himself responsible for her debts. The reverse? No such problem for the wife. This kind of legal imbalance doesn't just feel wrong; it creates unnecessary confusion and risk for families. The bottom line is that Articles 21 and 22 are stuck in another era. They reflect assumptions about gender roles that simply don't hold true anymore. If the goal is to protect third parties from unintended liability, then fine — do that. But do it equally. Give both spouses, regardless of gender, the right to file a protest when they're married under a communal property system. As Kuwait moves forward — reforming its laws and aligning with constitutional values and international standards — this is an area that needs attention. Updating these provisions isn't just about fixing a technicality. It's about upholding fairness. And more than that, it's about recognizing the reality of modern business: that it has no gender. NOTE: Dr Abdullah Ahmed Alkayat is a Commercial and Capital Markets Law Professor at Kuwait University School of Law
Kuwait Times
28-06-2025
- Health
- Kuwait Times
Kuwait showcases elder care model at UN forum
GENEVA: Kuwait highlighted its long-standing commitment to elder care at a high-level international event held Thursday in Geneva under the title 'Towards Safe and Dignified Ageing: Protecting Older Persons Amid Demographic and Social Changes.' Speaking at the side event of the 59th session of the UN Human Rights Council, Dr Jasem Al-Kandari, Assistant Undersecretary for Social Care at Kuwait's Ministry of Social Affairs, emphasized Kuwait's support for regional and international efforts to promote the rights of older persons. 'Kuwait's presence in this international forum reflects its ongoing commitment to enhancing the rights of older adults, exchanging experiences, and developing social policies in partnership with international organizations and civil society,' Al-Kandari told Kuwait News Agency (KUNA) following his participation. He underscored that improving the lives of older people is a key pillar of Kuwait's social policy — and of the broader GCC region — recognizing this segment of the population as 'a vital foundation for development and a rich source of experience and values.' During the event, Al-Kandari presented on 'GCC Policy Trends in Elder Care Amid Demographic and Social Challenges,' spotlighting the progressive steps Kuwait and neighboring countries have taken. He specifically highlighted Kuwait's pioneering approach, which focuses on 'enhancing quality of life for the elderly, guaranteeing their rights, and providing a safe and supportive environment in the face of accelerating social and demographic shifts.' Al-Kandari pointed out that Kuwait's history in elder care dates back to 1955, noting 'significant progress in the legislative framework' including the creation of a specialized Elder Care Department and the adoption of advanced laws to protect this group. Kuwait's efforts are grounded in both historical commitment and constitutional obligations. Article 11 of the Kuwaiti Constitution explicitly states that the state 'shall guarantee aid to citizens in cases of old age, illness, or inability to work, and shall provide them with social insurance, social assistance, and medical care.' In a 2024 statement to KUNA, Minister of Social Affairs, Family and Childhood Affairs Dr Amthal Al-Huwailah emphasized that 'Kuwait spares no effort in ensuring the highest levels of dignity and well-being for older people,' citing the services provided by the Elder Care Department, including preventive and curative care, educational and training opportunities, and support systems for families to better care for elderly relatives. The country's current infrastructure includes six specialized mobile service centers, with one full-service elder care hub in each of Kuwait's six governorates. These centers provide a mix of social, medical, psychological, physiotherapy, nutritional counseling, and spiritual guidance. In August 2024 alone, the Elder Care Department served 3,888 individuals through non-residential programs and cared for 17 residents in its full-time facilities. Recent expansions include launching a mobile elder care unit in Hawally, opening new multipurpose spaces for seniors in West Abdullah Al-Mubarak and Ferdous, and piloting a new initiative to integrate elderly residents with children from family care institutions to enhance social and emotional wellbeing. Al-Kandari also pointed to Kuwait's long-standing legal and policy framework. 'Kuwait's historical experience in elder care dates back to 1955,' he said, highlighting laws like Elder Care Law No 18 of 2016 and the creation of a dedicated Elder Care Department. Kuwait's system offers residential care, day programs, rehabilitation, home visits by mobile medical teams, and services like the Priority Card, which eases access to public transport, healthcare, and facilities. According to local Arabic-language media, the country operates 22 mobile healthcare teams, ensuring seniors are served wherever they live. 'Kuwait places older persons at the center of its social policies, recognizing their key role in the social fabric and working to safeguard their dignity and participation,' Al-Kandari said. — KUNA
Arab Times
21-06-2025
- Politics
- Arab Times
Unmasking injustice: Why publishing arrest photos undermines the Kuwaiti Constitution
In any system governed by law, the dignity of the individual is not a privilege, it is a right. In Kuwait, this right is enshrined in our Constitution, codified in our laws, and rooted in the ethical values of our society. And yet, a troubling practice persists: the premature publication of arrest photos by official authorities. This practice, often presented as routine or procedural, in fact poses a direct threat to constitutional rights, legal due process, and the very philosophy of justice. The Constitutional Breach Article 34 of the Kuwaiti Constitution states unequivocally: 'An accused is presumed innocent until proven guilty in a legal trial with full guarantees for self-defense.' This is not an aspirational phrase. It is binding law. When the image of a suspect is publicly circulated before trial before any judicial determination of guilt, it imposes a penalty without process. It transforms suspicion into stigma, investigation into indictment, and a photograph into a public verdict. In effect, the State itself bypasses the judiciary and pronounces guilt in the court of public opinion. The Legal Foundation: Silence Is Not Secrecy. It Is Safeguard Kuwaiti criminal procedure law is explicit: investigations are confidential by default. This is not to protect the guilty, but to protect the process ensuring that no external influence, no social uproar, no premature exposure, interferes with the impartial assessment of evidence. One cannot disclose confidential information from ongoing investigations. It is the law's way of saying: truth must be uncovered in court, not unrolled in press conferences. When an image is released, what follows is not transparency it is trial by narrative, often framed by incomplete facts and assumptions. And once made public, it cannot be undone. A Deeper Question: Who Owns Our Faces? The image of a person is not just data, it is identity. To publish someone's photo while they are still legally innocent is to say: this person belongs to the State, not to themselves. Their story is hijacked. Their defense is drowned in headlines. This practice becomes especially troubling when applied to vulnerable individuals, those suffering from addiction, trauma, or mental illness. In such cases, exposure is not deterrence; it is dehumanization. It is to weaponize shame against the weakest. A Global Standard Kuwait Should Uphold Most advanced jurisdictions have moved away from the practice of publishing arrest images. In France, Germany, and several U.S. states, it is now either banned or severely limited precisely because it is recognized as extrajudicial punishment. Even Interpol, in its public notices, follows strict rules to limit identification. Why? Because premature exposure can endanger trials, violate rights, and inflict disproportionate harm. Kuwait, a nation governed by law and proud of its constitutional legacy, must not lag behind. We must lead with principle. Justice Without Dignity Is Not Justice The role of the State is not to satisfy public curiosity. Nor is it to punish through humiliation. It is to ensure that every person no matter how grave the accusation is treated with fairness, dignity, and restraint. Questions to think about: What If It Were You? What if you were falsely accused? What if your image was displayed, your name maligned, your silence mistaken for guilt? Would a later acquittal truly restore what had been stripped away? Publishing arrest photos before a verdict is not a form of public service. It is a form of institutional overreach. It violates the presumption of innocence, undermines the integrity of investigations, and inflicts disproportionate and enduring harm on individuals who may ultimately be found innocent. We do not need public spectacle. We need procedural integrity. We need a legal culture that understands that human dignity is not conditional on innocence, it is inherent. All state bodies must urgently revisit this practice not as a political concession, but as a legal necessity. Kuwait's commitment to justice is measured not by how loudly it condemns, but by how carefully it protects. Because in law, as in life, the true test of a society is not how it treats the guilty, but how it treats the presumed innocent.
Arab Times
26-04-2025
- Business
- Arab Times
Pressure to collect rights leads to bankruptcy, search for mercy
LEGISLATIVE structure development is an urgent necessity. We have been calling for this for a long time, taking into consideration the social, economic, and political developments in Kuwait, the region, and the whole world, as well as the need to consolidate the principle that Kuwait is a country of humanity. The purpose of laws is to regulate societal life, solve its problems, and prevent the creation of further problems in the future. Some laws are enacted for the benefit of certain individuals. This exacerbates the crises -- both private and public. It is essential to draft laws wisely and precisely to fill the loopholes on one hand; and to ensure that the laws take into account the financial, mental, and social circumstances of the people on the other hand. A current example is the issue of garnishing a debtor's salary. The Judicial Execution Department at the Ministry of Justice has clarified that the permissible garnishment rate ranges from 25 to 50 percent of the debtor's salary. This does not solve the problem, because the term 'salary' means securing the minimum needs of an employee. It is well known that no one obtains a loan unless they need money. This means their salary is insufficient, forcing them to resort to borrowing -- from a bank, a financial institution, or even individuals. When a debtor's entire or half salary is seized, it creates a new problem: borrowing again from a new source so that the debtor can make ends meet. This brings us to the dud check issue. The deterrent penalties in force in Kuwait are not present in most, if not all, other countries. The three-year prison sentence for each dud check means the borrower who issues such a check for each installment will spend decades in prison. It is internationally recognized in the Civil Rights Law, as well as the Islamic Law and the Kuwaiti Constitution, that a citizen who enjoys freedom should not be imprisoned due to financial cases and civil misdemeanors; that is, as long as he does not compromise honor and integrity, does not harm the internal security of the State, and does not forge to harm others. Imprisoning a debtor incurs a huge cost for the public and the State. The cost of imprisonment may be greater than the debt itself. The imprisonment of debtors destroys families, thereby creating a social problem that the State must solve. For example, the government, represented by the Ministry of Social Affairs, assists thousands of needy people in Kuwait. On the other hand, certain bank loans are secured through the assets of debtors, which are often several times more than the value of the debt. Therefore, when the law imposes a tough penalty, instead of finding solutions to help the debtor settle the debt, the situation becomes like a slow death. How can the debtor live under such penalties? The debtor has only two options -- resort to illegal means or die from starvation. How can the debtor live without a salary, even though he is an employee? Is the goal to destroy the debtor? Mercy is the fundamental goal of legislation. Even in deterrent penalties, a certain principle must be taken into account -- the judicial ruling must be acceptable and consistent with reason and logic. Recent legal developments are replacing temporary problems with more harmful ones. When a debtor finds himself subject to the merciless control of a creditor, he resorts to declaring bankruptcy to avoid a travel ban and to be able to live his life without disruption. In Kuwait, lawsuits have been filed against about 120,000 borrowers. Arrest warrants have been issued, and they have been banned from traveling. This means paralyzing economic life, destroying families, and creating an ongoing social crisis that extends beyond the debtor -- up to his family members. The government and its agencies are transformed into debt collectors in the interest of creditors. Based on this, the issue of seizing the debtor's salary -- whether whole or part of it -- means, at best, pushing people to declare bankruptcy. This will undoubtedly confuse the judiciary due to the large number of lawsuits that will be filed. On the other hand, this situation will deprive the law of its most important principles -- respect for social guidelines and maintaining social stability. Is it reasonable for the law to become a 'destabilizer' of society? This question is for the Council of Ministers and the committees tasked with drafting laws, some of which serve a certain group at the expense of the majority.
Arab Times
07-04-2025
- Politics
- Arab Times
Compensation Towards Unused Leave Balance Suspended
KUWAIT CITY, April 7: The State of Kuwait has issued Amiri Decree No. 63 of 2025, enacting significant modifications to the Civil Service System. The decree specifically nullifies the third paragraph of Article 41 from the original April 4, 1979 Civil Service System decree, thereby suspending the entitlement and payment of cash compensation for unused periodic leave during service. Legal Basis: The decree was established after careful consideration of: - The Kuwaiti Constitution - The Amiri Order dated May 10, 2024 (Dhu al-Qi'dah 2, 1445 AH) - Civil Service Law No. 15 of 1979 and subsequent amendments - The original April 4, 1979 Civil Service System decree and its amendments - Decree No. 84 of 2024 concerning ministerial dissolutions and delegations Key Provisions: - Article 1: The third paragraph of Article 41 of the 1979 Civil Service System decree is hereby revoked. - Article 2: All relevant ministers are instructed to implement this decree, which shall become effective upon publication in the Official Gazette. Issuing Authority: The decree was signed at Seif Palace on April 6, 2025 (Shawwal 8, 1446 AH) by: - His Highness Sheikh Mishal Al-Ahmad Al-Jaber Al-Sabah, Amir of Kuwait - Acting Prime Minister Sheikh Fahd Yousef Saud Al-Sabah - Deputy Prime Minister and Minister of State for Cabinet Affairs Sheikh Sharida Abdullah Saad Al-Muasherji This amendment follows the proposal of the Deputy Prime Minister and Minister of State for Cabinet Affairs and received approval from the Council of Ministers before being enacted.
