LGBTQ rights in Kuwait

LGBTQ rights in Kuwait
LGBTQ rights in Kuwait
	Kuwait
Status	Illegal for males (not criminalised between females)
Penalty	Imprisonment of up to 7 years
Gender identity	No; crossdressing decriminalised
Military	No
Discrimination protections	None
Family rights
Recognition of relationships	No recognition of same-sex unions
Adoption	No

Lesbian, gay, bisexual, and transgender (LGBT) people in Kuwait face significant challenges not experienced by non-LGBTQ residents. Same-sex sexual activity between men is specifically outlawed and LGBT individuals may also be targeted under the public morality laws. LGBT persons are regularly prosecuted by the government and additionally face discrimination and stigmatization by officials and amongst the broader population.

Law

Consensual sexual activity between males is illegal under Kuwait's penal code.^[a] No laws specifically criminalise same-sex sexual activity between women.^[1]^: 133 The relevant law states:^[2]

193 المادة رقم

Article No. 193

اذا واقع رجل رجلا آخر بلغ الحادية والعشرين وكان ذلك برضائه ، عوقب كل منهما بالحبس مدة لا تجاوز سبع سنوات.

If a man has sexual intercourse with another man who has reached the age of twenty-one and this is with his consent, each of them shall be punished with imprisonment for a period not exceeding seven years.

The penal code also covers "public indecency":^[2]

المادة رقم 198

Article No. 198

من اتى اشارة او فعلا فاضحا مخلا بالحياء في مكان عام او بحيث يراه او يسمعه من كان في مكان عام ، يعاقب بالحبس مدة لا تجاوز سنة واحدة وبغرامة لا تجاوز الف روبية او باحدى هاتين العقوبتين.

Whoever makes an indecent gesture or act in a public place or in such a way that it can be seen or heard by anyone in a public place, shall be punished with imprisonment for a period not exceeding one year and with a fine not exceeding one thousand rupees or with one of these two penalties.

Living conditions

In September 2013, it was announced that all countries of the Gulf Cooperation Council had agreed to discuss a proposal to establish some form of, as yet unknown, "testing" to detect homosexuality in order to deny entry to gay foreigners.^[3]^[4] However, it has been suggested that concern for hosting 2022 FIFA World Cup in Qatar, and fears of controversy over the possible screening of football fans, made officials backtrack on the plans and insist that it was a mere proposal.^[5]

In 2017 Instagram star King Luxy was arrested in Kuwait for allegedly looking too feminine. He spent two weeks in custody before he was released.^[6]

Discrimination

HIV/AIDS issues

In 1988, the Kuwaiti Ministry of Public Health supported a study investigating the prevalence of unrecognised HIV infection in Kuwait, which found no infections in a sample of Kuwaiti and non-Kuwaiti men. A similar sentinel surveillance study was performed in 1997–1998, again detecting no HIV infection in its sample group.^[b] The incidence of HIV/AIDS has remained very low within Kuwait, under 0.1 percent over the entire period up to the latest reported figures in 2021. The segment of the population that forms the majority of those with HIV in Kuwait, is males aged between 25 and 49 years, at 47 percent of the total.^[7]

Foreigners found to be infected with AIDS/HIV are deported,^[8]^[9] but Kuwaiti citizens who are infected are entitled to outpatient medical care, organised by a specialized infectious disease hospital.^[10]

In 2004 a United Nations report on HIV in Kuwait found that about six percent of known transmission cases were the result of unprotected sexual contact between men.^[11]

In 1992, the National Assembly criminalised the knowing transmission of HIV to another person.^{[citation needed]}

LGBT rights movement in Kuwait

No known association or charity exists in Kuwait to campaign for LGBT rights or to organize educational and social events for the LGBT community.^[12]

In 2007, the Al Arabiya news service reported that a group of Kuwaitis had applied for a permit to form a new association that would stand up for the rights of LGBTQ Kuwaitis.^[13] All such interest groups or clubs have to be approved by the Ministry of Labor and Social Affairs, which never formally replied.

In July 2019 the group announced that they would again apply for a permit from the ministry in response to a crackdown by the Ministry of Commerce on symbols representing homosexuality such as rainbows in shops.^[13]

Summary table

Same-sex sexual activity legal	Up to 7 years in prison for males. Not criminalised for females.^[1]^{: 133, 327}
Equal age of consent
Anti-discrimination laws in employment only
Anti-discrimination laws in the provision of goods and services
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech)
Same-sex marriages
Recognition of same-sex couples
Step-child adoption by same-sex couples	Adoption is not legal for anyone in Kuwait.
Joint adoption by same-sex couples	Adoption is not legal for anyone in Kuwait.
Gays and lesbians allowed to serve openly in the military
Right to change legal gender	Gender change is not legal
Gender identity expression	, although crossdressing has been decriminalised.
Access to IVF for lesbians
Commercial surrogacy for gay male couples	Surrogacy is not allowed for anyone in Kuwait.
MSMs allowed to donate blood	Not specifically outlawed.

Notes

^ Article 191 of the penal code relates to assault or sexual abuse (rather than consensual sex, whether it involves same-sex or opposite-sex sexual activity). It punishes:
"Whoever rapes [indecently assaults] a person by force, threat or deception shall be punished by imprisonment for a period not exceeding fifteen years.
"If the perpetrator is an ascendant of the victim or one of those responsible for raising or caring for him, or one of those who have authority over him, or was a servant of him or of the aforementioned, the penalty shall be life imprisonment.
"The previous penalties shall be imposed if the victim is lacking in will due to his youth, insanity or dementia, or was unaware of the nature of the act, or believed in its legitimacy, even if the act was committed without force, threat or deception."
— Article No. 191, Kuwaiti Penal Code (Law No. 16 of 1960 Promulgating the Penal Code [16/1960])
^ In the study, participant data recorded included: nationality, marital status and sexual history (heterosexual and homosexual activity; premarital and extramarital sex). Of the 3,123 patients who sought normal (non-HIV) sexually transmitted disease (STD) testing (therefore had been exposed to STD risk) and those undergoing standard premarital examinations, 305 were randomly selected for HIV testing. Travel to 27 different countries in the six months prior to testing was reported amongst the sample. No HIV infection was detected, despite the sample group being considered high-risk.
The authors of the second study in 1997–1998, concluded that the country's mandatory HIV screening of foreign nationals applying for residency permits accounted for the absence of infections in the non-Kuwaiti sub-group. The researchers stated they could not be certain if their results were an accurate reflection of the true HIV prevalence in the Kuwaiti community.^[14]

References

^ ^a ^b ^c ILGA World; Lucas Ramón Mendos; Kellyn Botha; Rafael Carrano Lelis; Enrique López de la Peña; Ilia Savelev; Daron Tan (14 December 2020). State-Sponsored Homophobia report: 2020 global legislation overview update (PDF) (Report) (14th revised ed.). Geneva: ILGA. Archived from the original (PDF) on 15 December 2020. Article 193 of Penal Code (Law No. 16) (1960) criminalises consensual intercourse between men of full age (from the age of 21), which carries a possible imprisonment of up to seven years.
^ ^a ^b "Nusus w mawadu alqanun aljazayiyi alkuaytii (dawlat alkuayt)" نصوص و مواد القانون الجزائي الكويتي ( دولة الكويت ) [Texts and articles of the Kuwaiti Penal Code (State of Kuwait)]. موقع محاماة نت (in Arabic). 8 February 2017. [LawNet website].
^ "Gulf Cooperation Countries to test, detect then ban gays from entering their countries". LGBTWeekly.com. Archived from the original on 8 October 2013. Retrieved 6 February 2018.
^ Cavan Sieczkowski (10 September 2013). "Gulf Countries Propose Test To 'Detect' Gays, Ban Them From Entering". Huffington Post. Retrieved 14 August 2015.
^ "Kuwaiti authorities arrest 23 'cross-dressers and homosexuals'". Middle East Eye. 13 February 2015. Retrieved 31 May 2016.
^ "This controversial Instagram star was arrested and abused for being 'too feminine' in Kuwait". The New Arab. 15 September 2017. Retrieved 26 June 2019 – via Alaraby.
^ Awaidy, Salah Al; Ghazy, Ramy Mohamed; Mahomed, Ozayr (20 April 2023). "Progress of the Gulf Cooperation Council (GCC) Countries Towards Achieving the 95-95-95 UNAIDS Targets: A Review". Journal of Epidemiology and Global Health. 13 (3): 397–406. doi:10.1007/s44197-023-00097-1. PMC 1011647. PMID 37079171.
^ Al-Shoumer, Hind (31 March 2010). State of Kuwait – UNGASS 2010 UNGASS Country Progress Report: 2010 Narrative Report (PDF) (Report). Kuwait: National AIDS Program, Kuwait. p. 5. Archived from the original (PDF) on 12 August 2022.
^ Trenwith, Courtney (15 August 2013). "Kuwait to deport expats with infectious diseases". Arabian Business. Archived from the original on 19 July 2023.
^ UNAIDS (2017), "Country progress report – Kuwait" (PDF), Global AIDS Monitoring 2017, Joint United Nations Programme on HIV and AIDS, p. 13, archived from the original (PDF) on 13 April 2022, retrieved 19 July 2023
^ UNAIDS, "Kuwait: 2004 update" (PDF), Epidemiological Fact Sheets on HIV/AIDS and Sexually Transmitted Disease, Joint United Nations Programme on HIV and AIDS, archived from the original (PDF) on 3 July 2007, retrieved 21 August 2007
^ Bureau of Democracy, Human Rights, and Labor (2022). "Section 6. Discrimination and Societal Abuses". 2022 Country Reports on Human Rights Practices: Kuwait (Report). United States Department of State.
^ ^a ^b "Kuwait's gay community wants official recognition for LGBT rights". The New Arab. 1 August 2019. Retrieved 31 March 2021 – via Alaraby.
^
- Al-Owaish, R.A.; Behbehani, K. (June 1989). A survey for unrecognized HIV infection in a special STD clinic in Kuwait. 5th International Conference on AIDS, 1989. Montreal. Archived from the original on 15 July 2007. Retrieved 20 January 2011 – via Gateway.nlm.nih.gov [Abstract].
- Al-Owaish, R. A.; Anwar, S.; Sharma, P.; Shah, S. F. (September 2000). "HIV/AIDS prevalence among male patients in Kuwait". Saudi Medical Journal. 21 (9): 852–859. ISSN 0379-5284. PMID 11376363.