KUWAIT-SOGI-TBs-CCPR

Concluding Observations on Report 4 (2023) (Link)

3. The Committee welcomes the following legislative, institutional and policy measures taken by the State party:…

…(e) Issuance of the Constitutional Court ruling of 16 February 2022, regarding the unconstitutionality of article 198 of the Criminal Code, which criminalizes the “imitation of the opposite sex in any way”.

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Discrimination based on sexual orientation and gender identity

14. The Committee is concerned about reports indicating that, despite the Constitutional Court ruling of 16 February 2022, in which the Court found article 198 of the Criminal Code, criminalizing “imitating the opposite sex”, to be unconstitutional, the State party continues to arrest persons impersonating women on social media. The Committee fears that such arrests would be arbitrary and based solely on the appearance of the person. In addition, the Committee is concerned that the State party has no plans to amend national legislation with a view to decriminalizing consensual same-sex relations between adults. The Committee regrets the lack of specific information about allegations that the Ministry of Commerce and Industry carried out a campaign against symbols and slogans that support lesbian, gay, bisexual and transgender persons (arts. 2, 9, 17, 20 and 26).

 15. In the light of the Committee’s previous recommendations, the State party should ensure that all persons can, regardless of their real or perceived sexual orientation or gender identity, fully enjoy, in law and in practice, all the human rights enshrined in the Covenant. In particular, the State party should:

(a) Consider decriminalizing consensual same-sex relations between adults;

(b) Take steps to combat stereotypes about and negative attitudes towards persons on the basis of their real or perceived sexual orientation or gender identity;

(c) Ensure that all acts of violence against persons owing to their real or perceived sexual orientation or gender identity are promptly and effectively investigated, that perpetrators are brought to justice and, if they are convicted, punished with appropriate sanctions, and that victims are provided with adequate remedies and effective access to legal, medical, financial and psychological assistance;

(d) Adopt specific measures, including the provision of training and awareness-raising programmes for the police, members of the judiciary and prosecutors to prevent acts of discrimination and violence against lesbian, gay, bisexual and transgender persons, including arbitrary arrests, and any campaign against symbols and slogans that support lesbian, gay, bisexual and transgender persons.

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Concluding Observations on Report 3 (2016) (Link)

Discrimination and violence on the grounds of sexual orientation and gender identity

12. While the Committee respects the diversity of views on morality held by different cultures, it recalls that State laws and practices must always be subject to the principles of the universality of human rights and of non-discrimination. Bearing that in mind, the Committee expresses its concern about the criminalization of same-sex sexual activity among consenting adults and about the vague offence of “imitating members of the opposite sex”. It is also concerned about reports of harassment, arbitrary arrest and detention and about acts of violence, abuse, torture and sexual assault against persons on the basis of their real or perceived sexual orientation or gender identity (arts. 2, 6, 7, 9, 17 and 26).

13. The State party should take the measures necessary to decriminalize sexual relations between consenting adults of the same sex and repeal the offence of imitating members of the opposite sex, in order to bring its legislation into line with the Covenant. It should also take measures to put an end to the social stigmatization of homosexuality and the harassment, discrimination and violence perpetrated against persons based on their real or perceived sexual orientation or gender identity.

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Concluding Observations on Report 2 (2011) (Link)

30. The Committee is concerned about the criminalization of sexual relations between consenting adults of the same sex, and also about the new criminal offence of “imitating members of the opposite sex”. It is also concerned about reported acts of violence against lesbian, gay, bisexual and transgender (LGBT) persons, including reports of harassment, arbitrary arrest and detention, abuse, torture, sexual assault and harassment of individuals on the basis of their sexual orientation or gender identity. (arts. 2 and 26)

The State party should decriminalize sexual relations between consenting adults of the same sex, and repeal the offence of imitating the opposite sex, in order to bring its legislation in line with the Covenant. The State party should also take the necessary steps to put an end to the social stigmatization of homosexuality and send a clear message that it does not tolerate any form of harassment, discrimination or violence against persons based on their sexual orientation or gender identity.

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Concluding Observations on Report 1 (2000) (Link)

[no mention]

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