A/HRC/43/41/Add.1
She was pleased to learn that forced sterilization of women with disabilities is prohibited by
law. Nevertheless, she was informed that non-Kuwaitis with disabilities have access to
medical care and medication of a lower quality than Kuwaiti nationals, or else they have to
resort to private health care at their own expense, which many are unable to afford.
61.
The Government provides some assistive devices based on the technical decision of
the Public Authority for Disabled Affairs. However, the list of available devices is limited
to hearing aids and only a few categories of wheelchair. As part of its efforts to implement
Sustainable Development Goal 3, which is to ensure healthy lives and promote well-being
for all at all ages, the Special Rapporteur encourages Kuwait to incorporate the Priority
Assistive Products List of the World Health Organization (WHO) through the development
of a national assistive technology policy responding to the needs of the diversity of persons
with disabilities.
62.
In the area of mental health, the Special Rapporteur was informed about ongoing
efforts to transition from institutional care to community-based mental health care, which is
a positive development. However, during her visit to the Kuwaiti Centre for Mental Health,
she noted that 46 persons with psychosocial or intellectual disabilities had been locked in
the institution’s wards for “chronic patients” for more than 10 years, in overcrowded rooms
that had little ventilation or natural light, and where residents appeared to engage in few
daily activities. In the children’s ward, she was concerned to see that children as young as
11 years old were receiving strong antipsychotic medication and electroconvulsive therapy.
She was also concerned to learn that many children and adults with psychosocial
disabilities at this Centre receive psychiatric care based on consent provided by their
relatives, including for the administration of medication and electroconvulsive therapies.
The Special Rapporteur urges Kuwait to take immediate action to close the five wards for
chronic patients at this Centre (97 beds in total) and to ensure that all health-care
interventions are provided on the basis of the free and informed consent of the persons
concerned. In January 2019, the parliament passed Law No. 9/2019 on mental health, which
reportedly requires the Ministry of Health to set up residential mental health centres and
grant licences to private mental health centres. The Special Rapporteur expresses concern
about this new Law and recommends instead implementing supported housing programmes
that ensure the right of all persons with disabilities to live independently in the community.
J.
Denial of legal capacity
63.
Equal recognition of the legal capacity of persons with disabilities is a core
obligation under article 12 of the Convention, which covers both the capacity to be a rights
holder and to act in accordance with the law. Kuwait introduced an interpretative
declaration on article 12 (2) of the Convention stating that the enjoyment of legal capacity
shall be subject to the conditions applicable under Kuwaiti law.
64.
The Special Rapporteur noted with concern that article 107 of the Civil Code
restricts the legal capacity of persons with disabilities and appoints a guardian, called
judicial assistance, to those who “suffer from severe physical incapacity, particularly if deaf
and dumb, deaf and blind, or blind and dumb”. Furthermore, article 109 stipulates that “if a
person cannot, due to physical condition or illness, conclude a disposal even with judicial
assistance, the court may permit the judicial assistant to conclude it unilaterally, on that
person’s behalf, if failure to conclude would threaten the person’s interests”. Similarly, she
was informed that blind persons must be accompanied by a third person to act as a witness
when they carry out certain commercial transactions, such as opening a bank account,
which limits those persons’ capacity to act on their own. Among its competencies, the
Ministry of Justice is responsible for the “receipt and management of legacies that go to
Kuwaiti minors and incompetent persons, taking care of their affairs in accordance with the
provisions of law”. 5
65.
The Special Rapporteur would like to stress that, far from being protected, persons
placed under this regime are deprived of the legal capacity to exercise their rights, and are
at risk of abuse and segregation. In Kuwait, it is normally the relatives and extended family
5
Kuwait, Ministry of Justice, “Competencies of the Ministry of Justice”. Available from
www.moj.gov.kw/en/pages/02.aspx (accessed on 12 April 2019).
13
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