06/02/2025
06/02/2025
KUWAIT CITY, Feb 6: The advisory chamber of the Constitutional Court has ruled to reject an appeal filed by 22 Kuwaiti women against the second paragraph of Article 16 of Law No. 120/2023 regarding the elections for members of the National Assembly. The court rejected the appeal due to the lack of standing for the appellants. The appellants said the contested paragraph, which stipulates that to exercise the right to vote and run for office, one must adhere to the provisions of the Constitution, the law, and Islamic Sharia, violates the principle of the gradation of legal rules by equating the Constitution with the law. They claimed it creates unjustified discrimination among citizens based on religion, violates the principle of equality, and restricts personal freedom.
The court, however, based its ruling on the fact that the appellants failed to provide evidence that they had suffered any actual harm from the application of the contested text. It emphasized that for a ruling of unconstitutionality to remove harm or benefit the appellants, they would need to demonstrate how the application of the text directly affected their position and status. The court stated, “It is not sufficient for them to simply be registered in the electoral rolls. The appellants must demonstrate how the application of this text impacts them personally so that a direct personal interest can be investigated in light of that.”
The court, however, based its ruling on the fact that the appellants failed to provide evidence that they had suffered any actual harm from the application of the contested text. It emphasized that for a ruling of unconstitutionality to remove harm or benefit the appellants, they would need to demonstrate how the application of the text directly affected their position and status. The court stated, “It is not sufficient for them to simply be registered in the electoral rolls. The appellants must demonstrate how the application of this text impacts them personally so that a direct personal interest can be investigated in light of that.”
By Jaber Al-Hamoud Al-Seyassah/Arab Times Staff