Court awards female teacher same allowance as males
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KUWAIT CITY, Dec 9: The Constitutional Court on Wednesday awarded KD 150 housing allowance to a non-Kuwaiti female teacher starting from April 1, 2011, reports Al- Seyassah daily. The court took this step after nullifying the second item of the decision taken by the Council of Civil Service Commission (CSC) in its meeting on March 27, 2011 on granting KD 60 rent allowance to female non-Kuwaiti teachers – an amount different from the allowance given to their male counterparts. The teacher filed a case against the Education Ministry undersecretary, CSC Council director and CSC board chairman, demanding for her right to receive the specified housing allowance of KD 125 per month starting from the day she was employed on Aug 23, 2005 as well as the increment that took effect on April 1, 2011. She complained that even though her housing allowance was specified as KD 125 a month and was later increased to KD 150, she never received the full amount since she was employed. She clarified the KD 150 allowance is for female teachers who live in government houses while the KD 60 allowance is for those who are not residing in government houses and their husbands are not receiving government housing allowance.
The court said the decision of Civil Service Commission contravened the policy of equal treatment and rights within the same system. It declared the decision amounts to gender discrimination, which contradicts the policy contained in article 29 of the constitution. Meanwhile, the Constitutional Court adjourned verdict on appeal number 12/2015 concerning the constitutionality of the provision of paragraph 3 of article 2 of law number 68/2015, regarding domestic workers until Dec 16. The provision stipulates that owners of domestic licenses should obtain secondary school certificate, but the operators of domestic offices opposed to the decision. They regarded the step as violation of equal treatment policy, which will affect their legal position maintained for over 20 years.
Meanwhile, on the occasion of World Anti-Corruption Day, the Constitutional Court adjourned until Dec 20 the appeal on the constitutionality of law no 24/2012 regarding the establishment of Anti- Corruption Authority for fear a decision might be issued to dissolve the authority. For her part, Minister of Social Affairs, the State Minister for Planning and Development Affairs Hend Al-Subaih refuted that the government has any intention to cancel Anti-Corruption Authority, indicating the government has not shed light on the issue. Asked if the government is preparing a draft law titled ‘reinforcing transparency’ if the Constitutional Court should nullify the aforementioned Anti-Corruption Authority Law, the minister wondered why they would cancel it? “You can refer the question to the Minister of Justice Yacoub Al- Sane”, he added.
In the same context, acting Head of the Anti-Corruption Authority Judge Riyadh Al-Hajeri said all kinds and patterns of corruption have invaded the country’s public, social, economic and political life to weaken the efforts of development, stressing one authority cannot control corruption, as it is the responsibility of all; therefore, governmental efforts should be combined to phase out the plague. The court said the decision of Civil Service Commission contravened the policy of equal treatment and rights within the same system. It declared the decision amounts to gender discrimination, which contradicts the policy contained in article 29 of the constitution.
By Jaber Al-Humoud and Abdulrahman Al-Shimmari Al-Seyassah Staff
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