Kuwait Overturns Law Criminalizing Transgender People

The Constitutional Court in Kuwait has overturned a law that has been used to criminalize transgender people by forbidding the “imitation of the opposite sex.” The court found the law inconsistent with article 30 of Kuwait’s Constitution that protects personal freedom. 

On February 16, the Constitutional Court ruled on article 198 of the penal code which criminalized “imitating the opposite sex in any way.” The court made it clear in the rationale for its ruling that the text did not include a disciplined objective criterion that must be observed to determine that legal act, and what is considered to be an imitation of the opposite gender and what is not.

The decision of the court is a positive step for the transgender community in Kuwait, since this discriminatory law has been used for years to harass, detain, and abuse transgender people who have lived in the shadows for a long time. 

Amnesty International called the decision “a major breakthrough for transgender rights in the region.” 

Human Rights has documented how these laws violate the rights of freedom of expression, privacy and nondiscrimination under Kuwait’s constitution and international law. 

As reported by Human Rights Watch, on October 3, 2021, a Kuwaiti court sentenced a transgender woman to two years in prison for “misusing phone communication” by “imitating the opposite sex” online under the article 70 of the telecommunication law and article 189 of the penal code. 

Under article 70 of the telecommunication law, a person who “misuses” telephone communication may be imprisoned for up to a year and fined up to $7,091 USD.

As reported by LGBTQ Nation, being openly LGBTQ is still illegal in the country and carries a punishment of up to seven years in prison. In the last decade, the Kuwaiti government has been under pressure to crack down on LGBTQ people.

According to ABC News, similar laws criminalize transgender expression across the conservative Arabian Peninsula. Throughout the Arab world, gay, lesbian and transgender people face legal and social discrimination and other formidable obstacles to living their lives openly.