LGBT rights in Kuwait
Encyclopedia
Lesbian, gay, bisexual, transgender (LGBT) persons in Kuwait face many legal challenges not experienced by non-LGBT
Kuwaitis. Kuwait
has an Islamic
government both homosexuality
and cross-dressing
are treated as crimes and signs of immorality. Kuwaiti law does not recognize same-sex marriages, civil unions or domestic partnership benefits. No anti-discrimination legislation exists to prohibit public or private sector discrimination or harassment on the basis of sexual orientation
or gender identity
.
and gender identity
.
In 1996, the Kuwaiti police arrested seven Filipino hairdressers, working in Kuwait, and jailed them for homosexuality and prostitution. They were all soon deported with the Kuwaiti government informing the Philippine Embassy that it would not tolerate the existence of gay foreign workers or their sexual conduct.
In February 2005 police charged a group of 28 alleged homosexuals with creating a public disturbance after they met outside a fast-food restaurant. On 27 October, police raided a party where homosexuals were allegedly celebrating a wedding..
In September 2008, police raided a private apartment residence and charged three adult Filipinos for committing sodomy.
themes.
In 1997, Dr Alia Shoaib was dismissed from her professorial chair in Kuwait University
for suggesting that homosexuality existed in the emirate. Her comments were printed in the al-Hadaf magazine, which faced charges for obscenity. The Kuwati Information Minister said the professor's comments had "defamed the University" and that, "We know that there are gays in Kuwait, they are hidden and should remain so". That same year the famous Kuwaiti novlist, Leila Othman, faced obscenity
charges for her novel titled The Departure which included stories featuring same-sex relationships.
In 2000, the Kuwaiti appeals court overturned the lowers court's criminal convictions against these two women, but upheld the heavy fines.
Newspapers are not expressly prohibited from dealing with LGBT
topics, provided that traditional Islamic morality is respected, Kuwaiti Internet blogs, chat rooms and message boards have also been known to discuss LGBT topics.
In 2003, Kuwait's Civil Bench of the Court of First Instance dismissed the case of a 25-year-old woman who wanted to change her name on official documents after undergoing a sex-change operation in Thailand
. Although a year later, subsequent reports stated that it is possible for some transgendered persons in Kuwait to have their documents changed to reflect their surgery, provided that sufficient evidence exists that the person suffers from a rare medical condition http://www.globalgayz.com/country/Kuwait/view/KWT/gay-kuwait-news-and-reports#article2.
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 LGBT
Kuwaitis. All such interest groups or clubs have to be approved by the Ministry of Labor and Social Affairs, which has not formally replied.
In 1992, the Kuwaiti national assembly outlawed the knowing transmission of HIV to another person. Foreign residents must prove that they do not have HIV or AIDS to enter or remain in Kuwait.
In 2007, a seminar titled "AIDS- The Epidemic of the Century", was held by the Kuwait Medical Society (KMS). Officially the number of Kuwaiti infected with HIV is small and thus the pandemic
is often seen as a problem caused by so-called "foreign" problems; i.e. homosexuality.
LGBT
LGBT is an initialism that collectively refers to "lesbian, gay, bisexual, and transgender" people. In use since the 1990s, the term "LGBT" is an adaptation of the initialism "LGB", which itself started replacing the phrase "gay community" beginning in the mid-to-late 1980s, which many within the...
Kuwaitis. Kuwait
Kuwait
The State of Kuwait is a sovereign Arab state situated in the north-east of the Arabian Peninsula in Western Asia. It is bordered by Saudi Arabia to the south at Khafji, and Iraq to the north at Basra. It lies on the north-western shore of the Persian Gulf. The name Kuwait is derived from the...
has an Islamic
Muslim
A Muslim, also spelled Moslem, is an adherent of Islam, a monotheistic, Abrahamic religion based on the Quran, which Muslims consider the verbatim word of God as revealed to prophet Muhammad. "Muslim" is the Arabic term for "submitter" .Muslims believe that God is one and incomparable...
government both homosexuality
Homosexuality
Homosexuality is romantic or sexual attraction or behavior between members of the same sex or gender. As a sexual orientation, homosexuality refers to "an enduring pattern of or disposition to experience sexual, affectional, or romantic attractions" primarily or exclusively to people of the same...
and cross-dressing
Cross-dressing
Cross-dressing is the wearing of clothing and other accoutrement commonly associated with a gender within a particular society that is seen as different than the one usually presented by the dresser...
are treated as crimes and signs of immorality. Kuwaiti law does not recognize same-sex marriages, civil unions or domestic partnership benefits. No anti-discrimination legislation exists to prohibit public or private sector discrimination or harassment on the basis of sexual orientation
Sexual orientation
Sexual orientation describes a pattern of emotional, romantic, or sexual attractions to the opposite sex, the same sex, both, or neither, and the genders that accompany them. By the convention of organized researchers, these attractions are subsumed under heterosexuality, homosexuality,...
or gender identity
Gender identity
A gender identity is the way in which an individual self-identifies with a gender category, for example, as being either a man or a woman, or in some cases being neither, which can be distinct from biological sex. Basic gender identity is usually formed by age three and is extremely difficult to...
.
Laws against homosexuality
Several Articles in the national penal code are used to prohibit homosexuality between consenting adults in private and to restrict the public discussion of sexual orientationSexual orientation
Sexual orientation describes a pattern of emotional, romantic, or sexual attractions to the opposite sex, the same sex, both, or neither, and the genders that accompany them. By the convention of organized researchers, these attractions are subsumed under heterosexuality, homosexuality,...
and gender identity
Gender identity
A gender identity is the way in which an individual self-identifies with a gender category, for example, as being either a man or a woman, or in some cases being neither, which can be distinct from biological sex. Basic gender identity is usually formed by age three and is extremely difficult to...
.
- The National Constitution stipulates that Islam will be the State religion, a primary source of the law and that the government is charged with protecting the family and promoting moral values to the nation's youth.
- Article 193 of the Penal Code punishes homosexuality between men, over the age of 21, with up to seven years imprisonment. If the conduct involves persons under the age of 21, then imprisonment can be for a maximum of ten years.
- Article 198 prohibits "public indecency" and "imitating the appearance of a member of the opposite sex" with fines and or imprisonment [Human Rights Watch 17 January 2008].
- Article 204 prohibits the public encouragement of "immoral acts" and the publication and distribution of any writing or images that are immoral.
- Private, adult and consensual sexual acts between women do not appear to be expressly illegal. Although adulteryAdulteryAdultery is sexual infidelity to one's spouse, and is a form of extramarital sex. It originally referred only to sex between a woman who was married and a person other than her spouse. Even in cases of separation from one's spouse, an extramarital affair is still considered adultery.Adultery is...
and fornicationFornicationFornication typically refers to consensual sexual intercourse between two people not married to each other. For many people, the term carries a moral or religious association, but the significance of sexual acts to which the term is applied varies between religions, societies and cultures. The...
are both illegal.
In 1996, the Kuwaiti police arrested seven Filipino hairdressers, working in Kuwait, and jailed them for homosexuality and prostitution. They were all soon deported with the Kuwaiti government informing the Philippine Embassy that it would not tolerate the existence of gay foreign workers or their sexual conduct.
In February 2005 police charged a group of 28 alleged homosexuals with creating a public disturbance after they met outside a fast-food restaurant. On 27 October, police raided a party where homosexuals were allegedly celebrating a wedding..
In September 2008, police raided a private apartment residence and charged three adult Filipinos for committing sodomy.
Laws against free speech
First enacted in 1961, the national law has several regulations that are used against LGBTLGBT
LGBT is an initialism that collectively refers to "lesbian, gay, bisexual, and transgender" people. In use since the 1990s, the term "LGBT" is an adaptation of the initialism "LGB", which itself started replacing the phrase "gay community" beginning in the mid-to-late 1980s, which many within the...
themes.
- Article 26 bans the, "publication that violates public morality or persons' dignity or personal freedom...".
- Article 37 gives the Office of Printing and Publications the power to ban the importation of publications that will harm "public morals" or the, "the sanctity of religions".
In 1997, Dr Alia Shoaib was dismissed from her professorial chair in Kuwait University
Kuwait University
Kuwait University was established in October 1966, five years after Kuwait's independence from British Colonization. KU started with only two faculties, namely the Faculty of Science, Arts and Education; and a Women's College. The university had 418 students enrolled and 31 faculty members. By ,...
for suggesting that homosexuality existed in the emirate. Her comments were printed in the al-Hadaf magazine, which faced charges for obscenity. The Kuwati Information Minister said the professor's comments had "defamed the University" and that, "We know that there are gays in Kuwait, they are hidden and should remain so". That same year the famous Kuwaiti novlist, Leila Othman, faced obscenity
Obscenity
An obscenity is any statement or act which strongly offends the prevalent morality of the time, is a profanity, or is otherwise taboo, indecent, abhorrent, or disgusting, or is especially inauspicious...
charges for her novel titled The Departure which included stories featuring same-sex relationships.
In 2000, the Kuwaiti appeals court overturned the lowers court's criminal convictions against these two women, but upheld the heavy fines.
Newspapers are not expressly prohibited from dealing with LGBT
LGBT
LGBT is an initialism that collectively refers to "lesbian, gay, bisexual, and transgender" people. In use since the 1990s, the term "LGBT" is an adaptation of the initialism "LGB", which itself started replacing the phrase "gay community" beginning in the mid-to-late 1980s, which many within the...
topics, provided that traditional Islamic morality is respected, Kuwaiti Internet blogs, chat rooms and message boards have also been known to discuss LGBT topics.
Gender identity/expression
As of 2007, cross-dressing in public is expressly illegal.In 2003, Kuwait's Civil Bench of the Court of First Instance dismissed the case of a 25-year-old woman who wanted to change her name on official documents after undergoing a sex-change operation in Thailand
Thailand
Thailand , officially the Kingdom of Thailand , formerly known as Siam , is a country located at the centre of the Indochina peninsula and Southeast Asia. It is bordered to the north by Burma and Laos, to the east by Laos and Cambodia, to the south by the Gulf of Thailand and Malaysia, and to the...
. Although a year later, subsequent reports stated that it is possible for some transgendered persons in Kuwait to have their documents changed to reflect their surgery, provided that sufficient evidence exists that the person suffers from a rare medical condition http://www.globalgayz.com/country/Kuwait/view/KWT/gay-kuwait-news-and-reports#article2.
LGBT
rights movement in Kuwait In 2007, the Al ArabiyaAl Arabiya
Al Arabiya is a Pan-Arabist Saudi-owned Arabic-language television news channel. Launched on March 3, 2003, the channel is based in Dubai Media City, United Arab Emirates, and is majority-owned by the Saudi broadcaster Middle East Broadcasting Center ....
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 LGBT
LGBT
LGBT is an initialism that collectively refers to "lesbian, gay, bisexual, and transgender" people. In use since the 1990s, the term "LGBT" is an adaptation of the initialism "LGB", which itself started replacing the phrase "gay community" beginning in the mid-to-late 1980s, which many within the...
Kuwaitis. All such interest groups or clubs have to be approved by the Ministry of Labor and Social Affairs, which has not formally replied.
HIV/AIDS issues
In 1988, the Kuwaiti Ministry of Public Health published a report on HIV infections in Kuwait, especially the person's nationality, marital status and sexual orientation. 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.In 1992, the Kuwaiti national assembly outlawed the knowing transmission of HIV to another person. Foreign residents must prove that they do not have HIV or AIDS to enter or remain in Kuwait.
In 2007, a seminar titled "AIDS- The Epidemic of the Century", was held by the Kuwait Medical Society (KMS). Officially the number of Kuwaiti infected with HIV is small and thus the pandemic
Pandemic
A pandemic is an epidemic of infectious disease that is spreading through human populations across a large region; for instance multiple continents, or even worldwide. A widespread endemic disease that is stable in terms of how many people are getting sick from it is not a pandemic...
is often seen as a problem caused by so-called "foreign" problems; i.e. homosexuality.
See also
- Human rights in KuwaitHuman rights in KuwaitHuman rights in Kuwait are mixed. Kuwait uses the death penalty for crimes like murder and drug trafficking.-Treaties:Kuwait is a party to several international human rights treaties, including*International Covenant on Economic, Social and Cultural Rights...
- Politics of KuwaitPolitics of KuwaitThe government of Kuwait consists of a parliamentary constitutional monarchy, whereby the Emir is the head of government. The State of Kuwait has been ruled by the al-Sabah dynasty since approximately 1752. The constitution, approved and promulgated on November 11, 1962, calls for direct elections...
- Homosexuality and IslamHomosexuality and IslamLGBT topics and Islam are influenced by both the cultural-legal history of the nations with a large Muslim population, along with how specific passages in the Qur'an and statements attributed to the prophet Muhammad are interpreted. The mainstream interpretation of Qur'anic verses and hadith...