A/HRC/43/41/Add.1
who represent the interests of persons with disabilities, with the person him or herself
having little or no voice in decisions affecting him or her. The Special Rapporteur strongly
urges Kuwait to withdraw its interpretative declaration on article 12 (2) of the Convention
and to review all its legislation in order to eliminate the guardianship regime. Furthermore,
the State should ensure that support for the exercise of legal capacity is available to all
persons with disabilities, including those with intellectual or psychosocial disabilities,
regardless of the level of support they may require to take informed decisions.
K.
Access to justice
66.
According to legislative decree No. 23/1990 regulating the judiciary, the courts of
Kuwait comprise the Court of Cassation, the Court of Appeals, the Court of First Instance
and the Court of Summary Procedure. While article 166 of the Constitution guarantees
access to justice for everyone without discrimination, there are no legal provisions or
regulations on how to provide procedural accommodation to persons with disabilities in all
legal proceedings. In its initial report to the Committee on the Rights of Persons with
Disabilities, the State indicated that article 166 of the Constitution applies to persons with
disabilities, “with the exception of the mentally disabled on whose behalf an agent is
appointed to act before the courts” (para. 91). The report also referred to the provision of
training courses for ministry officials and other public authorities who work with or look
after the interests of persons with disabilities (para. 92).
67.
In line with articles 12 and 13 of the Convention, Kuwait has the obligation to
ensure that all persons with disabilities, including those with psychosocial disabilities,
enjoy full legal capacity and have effective access to justice on an equal basis with others,
including through the provision of procedural and age-appropriate accommodations to
facilitate their role as participants in all legal proceedings.
68.
The Chief Justice informed the Special Rapporteur that all court premises are
accessible for persons with disabilities, and that each court has a priority office or lane to
assist persons with disabilities and older persons in their proceedings. Despite these
physical accessibility measures, there are neither measures to provide access to information
and documentation in accessible formats, nor any procedural accommodations in place.
IV. International cooperation
69.
Kuwait plays an active role in humanitarian action and international development
efforts through the Kuwait Fund for Arab Economic Development, which provides loans to
more than 100 developing countries. 6 In accordance with article 32 of the Convention,
official development assistance should be accessible to and inclusive of persons with
disabilities. While the contribution of Kuwait to international cooperation efforts is
noteworthy, it should include the rights of persons with disabilities as a cross-cutting
conditionality in all its programmes and strategies.
70.
In relation to the United Nations system, the Special Rapporteur acknowledged the
important role played by UNDP in Kuwait to strengthen the Public Authority for Disabled
Affairs and other government entities within the framework of a three-year project entitled
“Achieving Kuwait 2035 Vision towards Persons with Disabilities”, which was coming to
an end in December 2018. She was pleased to learn that UNDP support to the Authority
would continue until 2022. The Special Rapporteur noted different levels of awareness
about the rights of persons with disabilities among members of the United Nations country
team in Kuwait, including funds and agencies covering the country from regional offices.
She encouraged them to mainstream the rights of persons with disabilities in all their
strategies, assessments and programmes, to make all their projects inclusive of and
accessible to persons with disabilities, to target persons with disabilities in all awarenessraising campaigns and to recruit persons with disabilities onto their staff, in line with the
United Nations Disability Inclusion Strategy.
6
14
See www.kuwait-fund.org/en/web/kfund (accessed on 12 April 2019).
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents