Experts of the Committee on the Rights of the Child Commend Kuwait’s Disability Allowance for Children; Ask about Effects of Climate Change on Children’s Health
The Committee on the Rights of the Child today concluded its consideration of the combined third to sixth periodic report of Kuwait under the Convention on the Rights of the Child. Committee Experts commended the State for its allowance for children with disabilities, and also asked about children and climate change, notably its effect on children’s health.
Committee experts said the State should be commended on the monthly allowance it provided to children with disabilities. To what extent were the different amounts allocated for severe and mild disabilities adequate? Committee Experts also noted that the State was highly vulnerable to climate change. What had been done to assess the effect of air pollution on children’s health? What was being planned to raise children’s awareness about environmental health and climate change, with the active participation of schools? Did impact assessments on climate change include its consequences for children’s health? What plans were there to counter such effects on children’s health? What was being done to hold businesses accountable for their impact on climate change and the ramifications for children’s health?
Introducing the report, Talal Almutairi, Assistant Minister for Human Rights at the Ministry of Foreign Affairs and head of the delegation, said the family was considered the first pillar and basic building block in the social building edifice. In keeping with its development plans, the Government of the State of Kuwait was working to launch an early childhood development initiative focussing on the first 1,000 days of a child's life. Kuwait would continue to work tirelessly to harness all possibilities and make every effort to promote and protect human rights.
In response to questions, the delegation explained that the Ministry of Education had introduced the subject of the environment into the curriculum. Young children were taken to national reserves and reservations to understand the issues facing nature and the environment. Each year, a study looked at environmental change and its impact. Children and students could participate through associations in schools, and children were encouraged to express their own opinions. The delegation said the authorities had mobile and fixed units to assess air quality and enable them to take measures to assist the population. Companies were held accountable if they violated the air quality standards.
In closing remarks, Benyam Dawit Mezmur, Committee Expert and Taskforce Coordinator for Kuwait, thanked the delegation for the constructive dialogue, adding that it had struck a delicate balance on issues relevant to all children in Kuwait and also those relevant to non-Kuwaiti children.
Mr. Almutairi, in closing remarks, expressed sincere thanks to the Committee for its questions, recommendations, and observations. Kuwait looked forward to the Committee’s concluding observations which would be seriously considered.
The delegation of Kuwait consisted of representatives of the Ministry of Foreign Affairs; the Ministry of Education; the Ministry of Social Affairs; the Ministry of Justice; the Ministry of Interior; the Ministry of Health; the Ministry of Defence; the Central System for the Remedy of Situations of Illegal Residents in Kuwait; the Public Prosecution; the Public Authority for Disability; the Public Authority for Manpower; and the Permanent Mission of Kuwait to the United Nations Office at Geneva.
The Committee will issue the concluding observations on the report of Kuwait at the end of its ninety-first session on 23 September. Those, and other documents relating to the Committee’s work, including reports submitted by States parties, will be available on the session’s webpage.
Summaries of the public meetings of the Committee can be found here, while webcasts of the public meetings can be found here. The programme of work of the Committee’s ninety-first session and other documents related to the session can be found here.
The Committee will next meet in public at 5 p.m. on Friday, September 23 to close its 91st session.
Report
The Committee has before it the combined third to sixth periodic report of Kuwait (CRC/C/KWT/3-6) .
Presentation of Report
TALAL ALMUTAIRI, Assistant Minister for Human Rights at the Ministry of Foreign Affairs of Kuwait and head of the delegation, said the State of Kuwait had spared no effort enacting laws and legislation which guaranteed more rights and protection for the child. Law No. 21 of 2015 on the rights of the child affirmed that the child had the right to life, survival, and development in a cohesive and solidaric family, and should be protected from violence, harm and other forms of abuse and exploitation. The law criminalised acts which could be considered as an assault on the child and focused on the protection and rehabilitation of children with social disabilities. In line with treaties and international principles enshrined in the Convention, the juvenile code was adopted in 2015. The code defined each body responsible within the system aimed at providing adequate protection for the child.
The family was considered the first pillar and basic building block in the social building edifice. The Family Court had been established in order to look after all personal status disputes, lawsuits filed by children and wives in regard to expenses, custody, and divorce, among other issues. Kuwait recognised childhood as one of the most important stages of human development, which was why resources had been made available for children. Kuwait’s third medium-term development plan for the years 2020-25 focused on creative capital. In keeping with its development plans, the Government of the State of Kuwait was working to launch an early childhood development initiative focusing on the first 1,000 days of a child's life.
Efforts had been made to improve the level of health care for children, including through the development of specialised centres and hospitals, and the adoption of the latest World Health Organization standards. A new maternity hospital had been established, and hundreds of beds there provided a suitable diagnostic and treatment environment for children.
Kuwait had spared no effort in ensuring that education continued throughout the COVID-19 pandemic, with the launch of educational platforms which allowed children access to education during that time. Children with disabilities had a right to education and were integrated into the public education system, where over 2,800 students with disabilities were being educated in 47 schools. The formation of councils in schools, and the establishment of a student parliament, contributed toward providing a space for students to develop their freedom of expression, strengthening the democratic approach, and acquiring and refining discussion skills.
Kuwait also organized cultural festivals, children’s theatrical performances, and field visits to more than 160 schools during various academic stages of the Kuwait Book Fair, distributing stories and holding cultural competitions. The Child Protection Office had held a consultative workshop with the United Nations Children’s Fund, to strengthen the child protection system in Kuwait and increase awareness of global practices. Kuwait would continue to work tirelessly to harness all possibilities and make every effort to promote and protect human rights.
Questions by Committee Experts
BENYAM DAWIT MEZMUR, Committee Expert and Taskforce Coordinator for Kuwait, asked the delegation to give an example of where the Convention and two Optional Protocols had been applied by the courts? Was there an ongoing effort to conduct a comprehensive review of existing legislation? Was there a plan to adopt a comprehensive strategy on children? To what extent was the data bureau being used for disaggregated data collection? Were there cases where the interests of the family were in conflict with the interests of the child? How was that overcome?
AISSATOU ALASSANE MOULANE, Committee Expert and Taskforce Member, asked whether Kuwait was considering an amendment to legislation to remove any exception regarding individuals under the age of 18 entering into marriage? Would Kuwait take measures to allow all children access to free education without discrimination? Was Kuwait considering updating its legalisation so that Kuwaiti women could give their nationality to their children? How was taking the best interests of the child into account mainstreamed when it came to fundamental judicial laws? Did legal practitioners receive training on the best interests of the child?
Were all categories of children, including vulnerable children, included in children’s parliaments? Was there another way to guarantee the participation of all children? Were the results of these child parliaments considered in public policies?
What was the criteria for placing a child into temporary care until their legal situation had been regulated? Would Kuwait allow foreign, unmarried women to give birth in maternity units and then stay in Kuwait with their child, benefitting from the same rights as Kuwaiti mothers? Children who were victims of domestic violence were forced to remain in the family, as there was no structure in place to take care of those children. Would Kuwait establish competent structures to care for children who were victims of domestic violence? Were there standards in place to ensure foster families met certain criteria? Was there a training plan for capacity-building for foster families or alternative care? What protection was afforded to children whose parents were incarcerated or awaiting a death sentence?
RINCHEN CHOPHEL, Committee Expert and Taskforce Member, asked if there were any immediate plans to ratify the Convention Relating to the Status of Stateless Persons, and the Convention on the Reduction of Statelessness? Did children of different faiths have the opportunity to be taught their religion in schools? Did children have the right to form and participate in their own clubs and gatherings?
LUIS ERNESTO PEDERNERA REYNA, Committee Expert and Taskforce Member, noted efforts being taken by the State to address physical punishment and mistreatment, however there were still issues in that area, particularly at home and in places of study. Was the State envisaging a specific prohibition of physical punishment in all areas of life? What measures was the State taking to respond to that challenge? Were there plans for outreach regarding positive discipline in families and institutions? What measures were being taken to ensure that all forms of abuse against children were exposed, and that children were treated as victims? Information had been received which stated that there was occurrence of female genital mutilation, and that society did not see it as a problem, but that information was from 2011. Was the State taking steps to determine the scope of the problem and working to eradicate it?
Responses by the Delegation
The delegation explained that student councils and parliaments had been established to encourage students to express their views, in line with the Convention. Students were elected to those bodies through their schools. Student parliaments were a democratic tool which was used to promote positive practices. The idea behind those bodies was to enable children to get used to a democratic mechanism early on, and to learn to express their choices in a calm and democratic way. Ministries were present in student parliaments, to listen to the students who had been selected through elections. Points raised by the students were taken note of and then transmitted to the Minister of Education. Ministers were encouraged to respond to the issues raised by the students. The student councils strengthened the self-confidence of students and were open to all boys and girls.
All violence against children and students was prohibited. Positive discipline was accomplished through guidance and advice, and in general there was a promotion of positive morality in schools. Every case of corporal punishment was investigated, and disciplinary measures were taken against any teacher who used any form of corporal or verbal punishment against a student. It was not true that girls who were married were deprived of education. The decision to prevent married girls from studying had been repealed. All data on persons with disabilities was registered and disaggregated, and included the type of disability, and whether the person was enrolled in school.
The law on juveniles had been adopted in 1983 and was amended in 2017. That legislation was one of the cornerstones of the country. There were juvenile courts with judges and social workers who protected the best interests of the child. Juveniles had to be sentenced in the presence of a lawyer. A child could not be imprisoned in a cell alone or in any form of isolation. Unannounced visits were conducted of juvenile detention centres, ensuring that conditions were up to standard.
Public authorities dealt with the issue of nationality; it was a relationship between the individual and the State. Regarding women and nationality, Kuwait had a fundamental law which said that nationality was established on the basis of blood. Therefore, the child of a foreign national took the nationality of the foreign national. The child would not have Kuwaiti nationality when there was a rupture between the Kuwaiti mother and the foreign father. Stateless children had the right to access education and health care.
In a case where a child was exposed to risk, the child could be removed from his or her family and housed in either a shelter, or with a foster family. Kuwait was committed to providing education to all those residing on its territory, and all enjoyed the same level of education. A charitable education fund had benefitted over 13,000 students.
If a man found his wife committing adultery, and killed her or her partner, he would be sentenced to three years in prison, or would face a fine. There could be alleviation of punishment if the person who committed the crime, usually the woman’s husband, father, or brother, was surprised by the act of adultery, and if they had seen the act themselves. According to the law, if the immediate killing took place at the time when the spouse was committing adultery, punishment could also be alleviated. The law considered the situation of adultery and its psychological impact as a reason to mitigate punishment. There should not be a time lag between seeing the situation of adultery and the crime.
Women were permitted to marry at age 15 and boys at the age of 17, which according to Islamic Sharia law was the end of childhood. From 2018 through 2022, 28 underage marriages had taken place.
Cases of ill-treatment of children were reported through a hotline and data was collected and uploaded in a file, which was then sent to the Child Protection teams and psychiatrists, who provided recommendations in line with the best interests of the child. Software had been created to collect data, and disaggregated data was available, detailing the type of abuse or situation, including instances of kidnapping and child abuse. Over the past eight years, there had been no cases received regarding female genital mutilation. The Act on the Rights of the Child criminalised such harmful practices, and that act fell under the category of physical abuse, sexual abuse, or neglect. There had been 80 cases of sexual abuse against children from 2018 to 2022 which had been referred to the justice system to ensure adequate measures were taken.
Freedom of belief was absolute and the right to worship could be practiced freely; freedom of belief was applied to all without discrimination. The State of Kuwait attached great importance to minorities and their diversities and languages. For that reason, private schools could be opened under the supervision of the Minister of Education. There were many schools catering to a variety of nationalities, including British schools, French schools, and German schools which taught the curriculum of each country. Students could choose which schools they attended and the curriculum they preferred.
Children under the age of two were permitted to stay with their mothers in prison. If the mother did not want the child to stay with her, the child would be sent to relatives or placed in a care home.
Questions by Committee Experts
BENYAM DAWIT MEZMUR, Committee Expert and Taskforce Coordinator for Kuwait, said that as there was disaggregated data available, could the delegation provide the data on children with disabilities? Were there instances where the best interests of the family did not align with the interests of the child?
RINCHEN CHOPHEL, Committee Expert and Taskforce Member, said he was happy to hear about the elaborate and efficient way that student parliaments and councils were promoted within schools. Were children able to establish their own assemblies outside of school settings? It was very concerning that the Nationality Act continued to discriminate against Kuwaiti women. Mr. Chophel urged the State party to amend its Nationality Act so that Kuwaiti women could transmit their nationality to their children.
A Committee Expert asked whether girls who were married between the ages of 12 and 15 were able to continue their schooling in the same way as those who were not married? What measures existed to ensure those young women could carry on attending school even if they were married? Which measures were imposed against those who carried out practices such as female genital mutilation?
A Committee Expert asked about killing in the name of honour. It was understood that Kuwait had received a recommendation from the Committee on the Elimination of Discrimination Against Women to abolish that discriminatory law. Under the current law, did the reduction of the penalty apply even if the victim was a girl child? What about the impact on the children if their mother was killed by their father? All legislation needed to take into consideration the best interests of the child.
BENYAM DAWIT MEZMUR, Committee Expert and Taskforce Coordinator for Kuwait, noted challenges relating to early detection of disabilities. Did Kuwait take measures to address unrecognised attention deficit hyperactivity disorder (ADHD)? Which efforts on the part of the State aimed to ensure the school system was as inclusive as possible? The State should be commended on the monthly allowance it provided to children with disabilities. To what extent were the different amounts allocated for severe and mild disabilities adequate? What was the extent to which human rights education was provided beyond grade 12?
RINCHEN CHOPHEL, Committee Expert and Taskforce Member, congratulated Kuwait on the significant reduction in mortality of children under the age of five. However, mortality rates among non-Kuwaiti children were still quite high. What measures had been taken to address that? Obesity was becoming a public health concern in Kuwait; what was being done to tackle that problem? Would a programme for food security be developed? What were the existing policies and guidelines around breastfeeding?
Mr. Chophel expressed concern that rape and incest were not recognised as valid grounds for abortion. What plans were there to decriminalise abortion in all circumstances? What about access to contraception for adolescents?
The impact of climate change on the rights of the child was a high priority, as the State was highly vulnerable to climate change. The average temperatures in the country had increased significantly, and there was an increase in respiratory diseases in children due to increased sand and dust levels. What had been done to assess the effect of air pollution on children’s health? What was being planned to raise children’s awareness about environmental health and climate change, with the active participation of schools?
LUIS ERNESTO PEDERNERA REYNA, Committee Expert and Taskforce Member, noted that children who did not have Kuwaiti nationality were treated differently, adding that those children faced discrimination when it came to basic services such as health care. Could the delegation provide more information on how Kuwait would tackle the structural discrimination being faced by migrant children? Networks of protection had been weakened as a result of the COVID-19 pandemic. Had that led to an increase in early marriage? What was the State doing to monitor and respond to that situation?
Illegal smuggling of children for domestic work was continuing, and a report by the BBC in 2019 had spoken about a “slave market.” What information did the delegation have on that situation, and what was being done to monitor it? How was it ensured that those acts did not go unpunished? How was the State controlling online platforms which were the places where sale and trafficking occurred? How were those platforms held accountable? What measures were being taken to strengthen the capacities of the authorities to allow them to identify trafficking victims and enable them to receive appropriate care?
The State had abolished the death penalty for minors; however, the Committee was concerned that the age of criminal responsibility remained low, at the age of seven. Was the State considering reviewing legislation in those areas? What steps were being taken to review the criminal code, to prosecute those who recruited children under the age of 18 to be used in armed hostilities?
In some shelters, there was a practice where female domestic workers were examined before entry, and if a woman was pregnant, she was likely to be denied entry to the shelter. Did the State have information on that?
Responses by the Delegation
The delegation said that that there were more than 59,000 registered persons with disabilities among Kuwait’s population of more than 4 million. Kuwait classified disability into nine different types, including physical, mental, and psychological. They were classified at three levels: Mild, medium, and severe. Mental disabilities were the most prevalent. The Act on Persons with Disabilities stipulated the right to education for persons with disabilities, on an equal status with others. There were 14 special education schools where over 1,000 students studied, many of whom were non-Kuwaiti. A roadmap had been developed to integrate children with disabilities into public schools. A technical committee had been established to assess educational needs for children and guide them to attend schools which aligned with their needs. A programme had been established which trained persons with disabilities to work in banks and other public services, with the aim of integrating them into the job market.
Children did not have the right to set up associations. In accordance with law, there was a process for addressing cases when family interests and the interests of the child did not align. Family was the basis of society, and the best interests of the child held highest priority. The foster family system aimed at providing care to children whose circumstances denied them being raised in nuclear families. Education was available to everybody, irrespective of their marital status.
The Ministry of Education had introduced the subject of the environment into the curriculum. Young children were taken to national reserves and reservations to understand the issues facing nature and the environment. Each year, a study looked at environmental change and its impact. Children and students could participate through associations in schools, and children were encouraged to express their own opinions. Kuwait had incorporated human rights within the curriculum. Human rights were taught as a subject in the twelfth year of school. Since 2018, a ministerial decree was in place deciding that school fees should not be increased.
Article 182 did not force girls to marry their abductors. The consent of the legal guardian a the condition, and if there was no consent, there was no marriage. In all cases, the consent of the woman was necessary for marriage, along with the consent of the legal guardian. The abduction of children was criminalised, and held a penalty of up to 15 years in prison, or life in prison depending on the circumstances. One might think that in the penalisation of honour crimes, the perpetrator was not penalised. However, it was seen as a crime which took into account the psychological state of the perpetrator if he was surprised by the woman conducting adultery. There was the condition of surprise; the perpetrator must be in a state of surprise and react—due to the psychological provocation—by killing the woman. If there was a longer period of time, the perpetrator had time to cool down and make a rational decision, and extenuating circumstances were not applied. In cases where a man killed his mother, wife, or sister because he witnessed adultery, he would be charged with homicide, and the testimony of the accused would be taken to see whether that was verified or not. If it was confirmed that the statement was credible, he would be taken to court and the appropriate penalty would be applied.
The health care system in Kuwait was divided into primary level, providing primary health care, and a secondary level. Primary hospitals provided free health care to all Kuwaitis and non-Kuwaiti without exception. Treatment was provided for all chronic, acute, and mild diseases. Hearing screening was provided early for new-borns, as difficulty in hearing could lead to further social issues for children. The clinic for children’s health had one of the most up-to-date programmes in the world, and promoted prevention and early detection. It monitored the physical, mental, and cognitive development of children at every age group. There was particular focus on breastfeeding, obesity and malnourishment, and guidance on how to prevent accidents outside and within the home.
Cooperation between nutrition departments and the World Health Organization provided nutritional guidance to schools. Since 1998, there had been programmes for feeding mothers, newborns and infants. There was a Kuwaiti code on breastfeeding and formula milk. Child-friendly initiatives in hospitals promoted breastfeeding. Preventative programmes were in place including the genetic guidance programme, which included pre-pregnancy detection. Abortion could take place to save the life of the mother, or in the case of the unborn baby having birth defects which would impact their lives.
The centre for domestic workers had received female residents with their children, and female domestic workers were not denied admittance. Law 68 of 2015 on domestic workers regulated domestic workers’ affairs, including permits and contract conditions, pay, work hours, leave and juvenile work sanctions. The shelter centre for female workers provided them with protection as well as legal assistance, health services, and social and psychological rehabilitation services. The staff at the centre were in contact with relevant diplomatic missions to inform them about their nationals.
Those who lived in Kuwait were expected to volunteer for military service with the armed forces within two years of turning 18. Those under the age of 18 were not subject to military conscription. Military training of children was prohibited. An amendment had been brought regarding the penal code, which stated that whoever trained somebody to bear arms was subject to three years imprisonment. On child recruitment, the penal code would convict such trainers, particularly if children were sent abroad. There were no non-State armed groups in the country. Enrolling children and participating in armed conflict abroad was prohibited.
The law on juveniles had been amended in 2017, which changed the age of juvenile delinquents. Life imprisonment and the death penalty would be replaced for juveniles by a type of detention which could not last beyond 15 years. The law on juveniles allowed the child to appoint a lawyer during questioning. If there was no lawyer appointed by the child, the court would appoint a lawyer. A lawyer was required to be appointed for children. If the child could not pay for the lawyer, there was a judicial committee which provided assistance to pay the lawyers’ fees.
Questions by Committee Experts
BENYAM DAWIT MEZMUR, Committee Expert and Taskforce Coordinator for Kuwait, asked what was the recognised national human rights institution in the State party?
The State had had one of the longest school closures in the world due to the COVID-19 pandemic. What measures had been taken to address the education gap as a result of that pandemic?
RINCHEN CHOPHEL, Committee Expert and Taskforce Member, asked whether the impact assessments on climate change included its consequences for children’s health? What plans were there to counter such effects on children’s health? What was being done to hold businesses accountable for their impact on climate change and the ramifications for children’s health?
AISSATOU ALASSANE MOULAYE, Committee Expert and Taskforce Member asked whether any steps had been taken to put a stop to hate speech and discriminatory attitudes toward non-Kuwaiti children? In cases where parents separated, could joint parental custody be applied if it was in the best interests of the child? The rate of married girls attending school was dropping; how could children be married and continue to go to school? Would Kuwait consider putting an end to child marriage?
LUIS ERNESTO PEDERNERA REYNA, Committee Expert and Taskforce Member, asked about the law on domestic violence, saying it was an innovative act which provided for a structured response to that issue. Were the shelters for victims of violence operational, and how did they function? Kuwait had been actively issuing legislation to deal with migration; however, allegations had been received which stated that children born of migrant parents who were unmarried, were expelled. Could that be confirmed? Did the delegation know about that situation? What was being done about the minimum age of criminal responsibility for children?
A Committee Expert said there were many road accidents where children lost their lives or ended up with disabilities; what was the situation today?
A Committee Expert said age seven was a very early age for criminal responsibility. That minimum age could be brought in line with global developments.
A Committee Expert asked for further clarifications around the issue of female genital mutilation. Also, what was being done to promote contact between children and their imprisoned parents, to ensure that any negative or harmful consequences for the children was limited? Under what conditions were children over the age of 16 detained?
A Committee Expert said that society should accept and protect the rights of children. In how many cases had an abducted girl’s guardian refused to give consent to a marriage between the abductor and the abductee? What measures were in place to protect the girl if she refused to get married? Why did the article on honour killings remain within the criminal code, even though there were no cases under that article?
Responses by the Delegation
The delegation said female genital mutilation was violence and abuse of children. The Child Act criminalised any abuse of children, including the practice of female genital mutilation. The age of seven for criminal responsibility was a young age; that should be revisited, and the age should be increased, possibly to the age of 12 or 13, to give the child the opportunity to mature. Accurate criteria for determining the age of a child were a matter of controversy. The prosecution understood that detaining delinquent children on demand was restricted, and pre-trial detention was considered as a last resort.
During the COVID-19 pandemic, in-person classes were suspended to address the pandemic and slow down any spread of COVID-19. The health of the students and teachers was ensured during that time, and virtual classes were rolled out to enable the students to continue with their education. In-person examinations took place while respecting relevant sanitary and social distancing measures.
The delegation said the authorities had mobile and fixed units to assess air quality and enable them to take measures to assist the population. Companies were held accountable if they violated the air quality standards.
Questions by Committee Experts
A Committee Expert asked whether children over the age of 12 were still able to visit their parents in prison? Were the same rules applied to mothers and fathers? Were there specific programmes in place to support children whose parents were in prison or on death row?
Responses by the Delegation
The delegation said that what applied for the mother in terms of visiting rights for the child also applied to the father. The prison system had a nursery for children whose parents were in prison.
Closing Statements
BENYAM DAWIT MEZMUR, Committee Expert and Taskforce Coordinator for Kuwait, thanked the delegation for the constructive dialogue which was due to the good compilation of ministries present within the delegation. The discussions had struck a delicate balance on issues relevant to all children in Kuwait and also those relevant to non-Kuwaiti children. The Committee was confident the State would take the concluding observations with the seriousness they deserved.
TALAL ALMUTAIRI, Assistant Minister for Human Rights at the Ministry of Foreign Affairs and head of the delegation, expressed sincere thanks to the Committee for their questions, recommendations, and observations. Kuwait was keen to provide a constructive picture on the rights of the child in the country. Everything heard during the meetings would be taken into consideration, and the State looked forward to the Committee’s concluding observations which would be seriously considered.
MIKIKO OTANI, Committee Chair, said the time provided was not sufficient to discuss all issues, however there had been a good discussion and engagement. Ms. Otani thanked the delegation and extended the best wishes of the Committee to all the children in Kuwait.
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HRC22.008E