LGBTQ rights in Kuwait

Law

Consensual sexual activity between males is illegal under Kuwait's penal code. No laws specifically criminalise same-sex sexual activity between women. The relevant law states: اذا واقع رجل رجلا آخر بلغ الحادية والعشرين وكان ذلك برضائه ، عوقب كل منهما بالحبس مدة لا تجاوز سبع سنوات. If a man has sexual intercourse with another man who has reached the age of twenty-one and this is with his consent, each of them shall be punished with imprisonment for a period not exceeding seven years.}} The penal code also covers "public indecency": المادة رقم 198|lang1=ar|italicsoff=y|rtl1=y| من اتى اشارة او فعلا فاضحا مخلا بالحياء في مكان عام او بحيث يراه او يسمعه من كان في مكان عام ، يعاقب بالحبس مدة لا تجاوز سنة واحدة وبغرامة لا تجاوز الف روبية او باحدى هاتين العقوبتين. Whoever makes an indecent gesture or act in a public place or in such a way that it can be seen or heard by anyone in a public place, shall be punished with imprisonment for a period not exceeding one year and with a fine not exceeding one thousand rupees or with one of these two penalties.}}

Living conditions

In September 2013, it was announced that all countries of the Gulf Cooperation Council had agreed to discuss a proposal to establish some form of, as yet unknown, "testing" to detect homosexuality in order to deny entry to gay foreigners. However, it has been suggested that concern for hosting 2022 FIFA World Cup in Qatar, and fears of controversy over the possible screening of football fans, made officials backtrack on the plans and insist that it was a mere proposal.

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

Discrimination

LGBTQ individuals in Kuwait face significant challenges and discrimination. Same-sex sexual activity between men is explicitly outlawed, with penalties of up to seven years in prison. Although there are no specific laws criminalizing same-sex sexual activity between women, it is still technically illegal due to the inability to consent unless married. Public morality laws are strictly enforced, leading to regular prosecutions and stigmatization. For example, in 2017, Instagram star King Luxy was arrested for allegedly looking too feminine. Additionally, in August 2023, Kuwait banned the movie 'Barbie', claiming it promoted homosexuality. Despite some progress, such as the 2022 Constitutional Court ruling that overturned the criminalization of "imitation of the opposite sex," discrimination remains prevalent.

HIV/AIDS issues

In 1988, the Kuwaiti Ministry of Public Health supported a study investigating the prevalence of unrecognised HIV infection in Kuwait, which found no infections in a sample of Kuwaiti and non-Kuwaiti men. A similar sentinel surveillance study was performed in 1997–1998, again detecting no HIV infection in its sample group. The incidence of HIV/AIDS has remained very low within Kuwait, under 0.1 percent over the entire period up to the latest reported figures in 2021. The segment of the population that forms the majority of those with HIV in Kuwait, is males aged between 25 and 49 years, at 47percent of the total.

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

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.

In 1992, the National Assembly criminalised the intentional transmission of HIV to another person.

LGBTQ rights movement in Kuwait

No known association or charity exists in Kuwait to campaign for LGBTQ rights or to organize educational and social events for the LGBTQ 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 LGBTQ Kuwaitis. 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.

Summary table

Notes

References

References

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4. (15 September 2017). "This controversial Instagram star was arrested and abused for being 'too feminine' in Kuwait". The New Arab.
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