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
StatusMale illegal, female legal[1][2]
PenaltyNot specifically outlawed, but prosecuted under the "debauchery" law with jail time up to 6 years (for male)
Gender identityNot specifically outlawed
MilitaryNot allowed to serve (The military does a checkup for conscripts to see if their anus is streched)
Discrimination protectionsNone
Family rights
Recognition of relationshipsNo recognition of same-sex unions
AdoptionNo

Law

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. Article 192 also covers relationships involving a man under 21 years of age.[3]

Article 198 prohibited public immorality by making a "lewd signal" in a public place. 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] This provision was overturned by Kuwait's Constitutional Court in February 2022, which ruled that prosecuting citizens under the code violated their personal freedoms, and that the law was excessively vague.[5]

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

HIV/AIDS issues

In 1988, the Kuwaiti Ministry of Public Health published a report on HIV infections in Kuwait,[7] 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.[8]

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

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

LGBT rights movement in Kuwait

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.[10] 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.[11]

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. "STATE-SPONSORED HOMOPHOBIA" (PDF). Retrieved 2021-06-01.{{cite web}}: CS1 maint: url-status (link)
  4. "Cross-dressers' heads shaved in Kuwait". gulfnews.com. Retrieved 2019-06-26.
  5. Yee, Vivian. "Kuwait Overturns Law Used to Prosecute Transgender People". The New York Times. Retrieved 2022-02-17.
  6. Arab, The New. "This controversial Instagram star was arrested and abused for being 'too feminine' in Kuwait". alaraby. Retrieved 2019-06-26.
  7. "A survey for unrecognized HIV infection in a special STD clinic in Kuwait". Gateway.nlm.nih.gov. Retrieved 20 January 2011.
  8. "Kuwait" (PDF). Archived from the original (PDF) on July 3, 2007. Retrieved August 21, 2007.
  9. "Kuwait deports 13,000 foreigners in just nine months". www.internationalinvestment.net. 2018-09-28. Retrieved 2020-11-14.
  10. Arab, The New. "Kuwait's gay community wants official recognition for LGBT rights". alaraby. Retrieved 2021-03-31.
  11. Arab, The New. "Kuwait's gay community wants official recognition for LGBT rights". alaraby. Retrieved 2020-03-11.
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