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Equal rights between Kuwaiti men and women for marriage loan rejected – Family burden lies on men

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KUWAIT CITY, Dec 12: On Wednesday, the Appeals Committee of the Constitutional Court, headed by Judge Yousef Al-Mutawa, ruled to reject nine different appeals against a set of laws.

The committee rejected the unconstitutionality plea, which demanded equal rights between Kuwaiti men and women in terms of receiving marriage loan.

It affirmed that the financial burden of marriage lies on the men, and there is no legal equality between men and women in terms of marriage loan.

The committee also rejected the appeal submitted by a Kuwaiti citizen who highlighted the unconstitutionality of punishing those who eat publicly during daytime in the month of Ramadan with a fine not exceeding KD 100 and/or imprisonment for a period not exceeding one month.

It rejected the unconstitutionality plea to bar members of the Financial Investigation Unit to view the accounts of individuals and disclose them, and infringe upon the personal freedom and divisions of the judiciary in cases of money laundering and terrorism funding, based on Law No. 106/ 2013 concerning combating money laundering and terrorism funding, amended by Law No. 24/ 2016.

Likewise, the committee rejected the appeal against the unconstitutionality of Article 244 of the Penal Code, which states that “Those who intentionally set fire to a pile of agricultural crops, or to a pile of hay, grass, trees, seedlings, or growing shrubs, or in a place that is not inhabited or intended for housing, or anything else that was not stipulated in the previous article, irrespective of whether these things belong to the one who sets the fire or not, but could cause harm to others, shall be punished by imprisonment for a period of five years and/or a fine not exceeding KD 375.

It rejected the appeals claiming that the wordings in the aforementioned text are ambiguous, would imply breach of the right to a fair trial and the right of defense, and represents a waste of the principle of legality of the criminalization and punishment in violation of Articles 32 and 34 of the Constitution.

The committee also decided to reject the appeal submitted by companies concerning the unconstitutionality of Articles 4 and 17 of the executive regulations of Law No. 46/2006 regarding Zakat and the contribution of public and limited companies in the state budget issued by Minister of Finance Decision No. 58/2007 for its different Articles 7, 18, 19, 20 and 24 of the constitution.

It rejected the unconstitutionality of Articles 91 and 92 of the Social Security Law No. 61/ 1976 amended by Law No. 127/1992, despite the fact that the two articles bear suspicions of unconstitutionality, as the legislator imposed multiple financial penalties on the employer for one act, in addition to obliging him to pay monthly subscriptions, which is inconsistent with the rules of justice that must be based on the social insurance system in accordance with Articles 7, 11, 22, 24 and 25 of the Constitution.

The committee ruled to reject the appeals submitted about the unconstitutionality of preventing accreditation of university degrees taught through affiliation and correspondence only after re-studying the academic units by the usual methods, as it gave the jurisdiction of such matters to the administrative judiciary.

It concluded by rejecting the appeal of unconstitutionality of Resolution No. 10/2005 and the attached agendas which were amended by Resolution No. 19/2010 concerning the allowances and bonuses of Kuwaiti employees in the General Administration of Civil Aviation, as per which civil workers of the Monitoring and Radar Liaison Department of the General Administration of the Coast Guard have been omitted.

This included the plaintiff among those who are entitled to the allowances and bonuses prescribed for the employees working in the Air Navigation Department in the General Administration of Civil Aviation in the “Radar Observer” position, in violation of Articles 7, 29 and 41 of the Constitution.

Hearing adjourned: The Criminal Court adjourned judgement of the case known as “Ateej Al-Mesyan”, in which eight individuals are standing, trial until Jan 8. In the last session, the court ordered evacuation of the chambers and allowed the defense team only to remain, indicating non-members of the defense team were denied entry. The court thereafter listened to the submission of the prosecution officer from State Security Department. The suspects denied all allegations leveled against them and defense team demanded their release on the basis that they’re all Kuwaitis and Bedoun, indicating they’re not expected to escape.

By Jaber Al-Hamoud Al-Seyassah Staff

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