LGBT rights in Kuwait

Lesbian, gay, bisexual, transgender (LGBT) persons in Kuwait face challenges not experienced by non-LGBT Kuwaitis. Homosexuality is not specifically outlawed but gay people can be prosecuted under the "debauchery" law. LGBT persons are regularly prosecuted by the government and additionally face stigmatization among the broader population.

LGBT rights in Kuwait
Status Male illegal
Penalty: Fines or up to 6-year prison sentence.
Female always legal[1][2]
PenaltyNot specifically outlawed, but prosecuted under the "debauchery" law with jail time up to 6 years (for male)
Gender identityNo
MilitaryNo
Discrimination protectionsNone
Family rights
Recognition of relationshipsNo recognition of same-sex unions
AdoptionNo

Law

The penal code contains some general provisions against debauchery and immorality that can be used to punish LGBT people.

  • Article 193 of the Penal Code punishes "consensual intercourse between men of full age (from the age of 21)" with a term of imprisonment of up to seven years.[3]
  • Article 198 prohibits public immorality. In 2008, the law was expanded to also outlaw "imitating the appearance of a member of the opposite sex" with fines and or imprisonment.[4]

In September 2013, it was announced that all Gulf Cooperative Countries had agreed to discuss a proposal to establish some form of, yet unknown, testing in order to ban gay foreigners from entering any of the countries.[5][6] However, it has been suggested that concern for hosting 2022 FIFA World Cup in Qatar, and fears for controversy in a case that football fans would have been screened, made officials backtrack the plans and insist that it was a mere proposal.[7]

In 2017 Polish Instagram star King Luxy was arrested in Kuwait for allegedly looking too feminine. He spent 2 weeks in custody before he was released.[8]

HIV/AIDS issues

In 1988, the Kuwaiti Ministry of Public Health published a report on HIV infections in Kuwait,[9] 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.[10]

In 1992, the National Assembly outlawed the knowing transmission of HIV to another person.

Foreigners found to be infected with AIDS/HIV are deported,[11] but Kuwaiti citizens who are infected are entitled to outpatient medical care, organized by a specialized infectious disease hospital.

LGBT rights movement in Kuwait
See also: LGBT social movements

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

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 LGBT Kuwaitis. 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.[12]

Summary table
Same-sex sexual activity legal Male illegal
Penalty: Fines or up to 6-year prison sentence.
Female always legal[1][2]
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
Joint adoption by same-sex couples
Gays and lesbians allowed to serve openly in the military
Right to change legal gender Laws against men dressing as women and vice versa.
Access to IVF for lesbians
Commercial surrogacy for gay male couples
MSMs allowed to donate blood

See also

References
  1. "State Sponsored Homophobia 2016: A world survey of sexual orientation laws: criminalisation, protection and recognition" (PDF). International Lesbian, Gay, Bisexual, Trans and Intersex Association. 17 May 2016. Retrieved 19 May 2016.
  2. "Kuwait Law". ilga.org.
  3. https://ilga.org/downloads/ILGA_State_Sponsored_Homophobia_2019.pdf p. 444
  4. "Cross-dressers' heads shaved in Kuwait". gulfnews.com. Retrieved 2019-06-26.
  5. "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.
  6. Cavan Sieczkowski (10 September 2013). "Gulf Countries Propose Test To 'Detect' Gays, Ban Them From Entering". Huffington Post. Retrieved 14 August 2015.
  7. "Kuwaiti authorities arrest 23 'cross-dressers and homosexuals'". Middle East Eye. 13 February 2015. Retrieved 31 May 2016.
  8. Arab, The New. "This controversial Instagram star was arrested and abused for being 'too feminine' in Kuwait". alaraby. Retrieved 2019-06-26.
  9. "A survey for unrecognized HIV infection in a special STD clinic in Kuwait". Gateway.nlm.nih.gov. Retrieved 20 January 2011.
  10. "Kuwait" (PDF). Archived from the original (PDF) on July 3, 2007. Retrieved August 21, 2007.
  11. "Kuwait deports 13,000 foreigners in just nine months". www.internationalinvestment.net. 2018-09-28. Retrieved 2020-11-14.
  12. Arab, The New. "Kuwait's gay community wants official recognition for LGBT rights". alaraby. Retrieved 2020-03-11.
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