A/HRC/43/41/Add.1
disabilities are considered primarily as objects of care instead of rights holders.
Accordingly, the definition of “person with disability” in article 1 of the Law focuses on the
impairment rather than on the barriers resulting from the person’s interaction with the
environment, referring to “all those suffering from permanent total or partial disorders
leading to deficiencies”. Furthermore, this definition focuses only on persons with physical,
sensory and intellectual disabilities, excluding those with developmental disabilities and
those with psychosocial disabilities, among others. After the Special Rapporteur’s visit, the
Government reported that a new amendment of the Law aimed to bring the definition into
line with the Convention.
17.
Article 4 of the Convention requires Kuwait to take all appropriate legislative,
administrative and other measures for the implementation of the rights recognized in the
Convention, and to modify or abolish existing laws, regulations, customs and practices that
constitute discrimination against persons with disabilities. Despite not having access to the
full English translation of all relevant legislation, the Special Rapporteur noted that Kuwaiti
civil and criminal laws contain provisions that are not in line with article 12 of the
Convention, which recognizes the full legal capacity of persons with disabilities. For
instance, some provisions of the Civil Code, the Penal Code and the Code of Criminal
Procedure issued in 1960 are framed under the medical model of disability and establish
restrictions to the full enjoyment of legal capacity of persons with disabilities, including
those with intellectual or psychosocial disabilities. These laws also use pejorative language
to refer to persons with disabilities, such as “deaf and dumb”, “mentally retarded”, “insane”,
“suffering from disorders” and “demented”. The Special Rapporteur was informed about an
outdated mental health law, but could not access the text. The relevant legislative
authorities, including the Disabled Affairs Committee of the National Assembly, should
undertake a comprehensive review of the entire Kuwaiti normative framework and of Law
No. 8/2010 to complete the process of legal harmonization, in accordance with article 4 of
the Convention.
18.
Notwithstanding the projects for the inclusion of persons with disabilities within the
human capital pillar of the Kuwaiti National Development Plan, the Special Rapporteur
noted the absence of an overall national strategy for persons with disabilities in Kuwait and
that not all public policies, including disability-specific ones, include a human rights-based
approach to disability. She encourages the Government to adopt a national strategy on
disability, together with a time-bound action plan, to ensure the effective and full
participation of the diversity of persons with disabilities on an equal basis with others. After
the visit, the Public Authority for Disabled Affairs informed the Special Rapporteur that it
had launched a strategy for persons with disabilities for the period 2020–2025.
19.
The Special Rapporteur stressed that more efforts are needed to adequately
implement the Convention and national legislation on disability in Kuwait. This is also
required by resolution No. 1264 issued by the Legal Committee of the Council of Ministers,
which states that all government agencies are mandated to coordinate with the Public
Authority for Disabled Affairs to follow up on the implementation of Law No. 8/2010 and
all related agreements, and to assign the Authority to submit periodic reports to the Council
of Ministers in this regard. While this resolution and the recent reform and strengthening of
the Public Authority for Disabled Affairs are welcome developments, the Authority cannot
be the main body within the Government tasked to implement Law No. 8/2010 and the
Convention. The Special Rapporteur recommends the establishment of a governmental
coordination mechanism, under the overall direction of the Authority, with responsibility
for ensuring that all line ministries mainstream the rights of persons with disabilities in their
respective public policies, programmes and initiatives, as required under article 33 (1) of
the Convention. For instance, this could be done through the designation of full-time senior
disability and accessibility focal points within all line ministries, empowered with a clear
mandate and terms of reference, thus contributing to stronger coordination among
ministries tasked to mainstream and implement disability provisions within their
institutions.
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