A/HRC/43/41/Add.1
obligations stemming from articles 21 (b) and 24 (3) (b) of the Convention, including by
accepting and facilitating the use of the sign language of the deaf persons’ choice in official
interactions, as well as facilitating the learning of sign language and promoting the
linguistic identity of the deaf community.
32.
In the area of information and communication technology, the Special Rapporteur
welcomed the efforts of the Public Authority for Disabled Affairs to develop and
implement web accessibility standards. Nevertheless, she noted that the use of alternative
and augmentative technology for persons with disabilities remains very limited, and that
there is a general lack of knowledge about existing low-cost communication methods to
enable the participation of persons with cerebral palsy in society.
D.
1.
Participation of persons with disabilities
Political participation
33.
According to the Electoral Law (Law No. 35), every Kuwaiti citizen who reaches
the age of 21 has the right to vote, except for those who have been naturalized in the 20
years preceding the elections. Kuwait granted women the right to vote in 2005. A national
civil identity card and nationality certificate are required to register to vote. Registered
voters have the right to run for election if they are at least 30 years old. Article 82 of the
Constitution provides that members of the National Assembly must, inter alia, “fulfil the
voter’s qualifications in accordance with the Electoral Law” and have “sound reading and
writing knowledge of Arabic”. The Government explained that persons with disabilities can
participate in the electoral process and that in the event that a voter with disabilities is
unable to mark his or her ballot personally, judges can appoint someone who will mark the
ballot on the person’s behalf.
34.
The Special Rapporteur is very concerned that the right to vote and to stand for
election is intrinsically linked to legal capacity for persons with disabilities in Kuwait, and
that those under guardianship measures are deprived of their political rights. Moreover,
there appears to be no provision for voting by persons with disabilities who are unable to
attend voting centres in person, including those who are hospitalized, institutionalized or
unable to leave their homes. In order to guarantee that voting is conducted by secret ballot,
accessibility measures should be introduced, such as through ballots in Braille and
accessible voting booths. As required under article 29 of the Convention, information about
the electoral process and political campaigns should be made accessible for all persons with
disabilities, including in Kuwaiti Sign Language, Braille and Easy Read format for persons
with intellectual disabilities. Special efforts should also be made to promote the
participation of women and men with disabilities as candidates for public office.
2.
Participation in decision-making processes
35.
Articles 49, 50, 52 and 68 of Law No. 8/2010 provide for the representation of
“public utility organizations and clubs in the disability field” as members of the Supreme
Council for Disabled Affairs and the Friends of the Disabled. The Government supported
the establishment of several societies and associations focusing on the participation of
persons with disabilities in political, social and cultural life. In its initial report to the
Committee on the Rights of Persons with Disabilities (para. 5), the State indicated that the
committee responsible for the preparation of the report had organized two consultation
meetings with relevant Kuwaiti non-governmental organizations.
36.
The Special Rapporteur found that despite these initiatives, there is no formal
mechanism to consult and engage directly with persons with disabilities themselves or with
their representative organizations. As persons with disabilities in Kuwait are seldom
represented in mainstream or disability-specific policy and decision-making processes, their
voices and opinions are rarely taken into account in such forums. Further efforts are
required to hold consultations and ensure the representation of the diversity of persons with
disabilities in decision-making processes and bodies, including in the National Assembly.
When organizing consultations, it is essential to ensure the accessibility of all facilities,
procedures and information relating to public decision-making and consultations. The
Public Authority for Disabled Affairs should work on the collective empowerment of
organizations of persons with disabilities and engage directly with them rather than
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