Country profile KWT
National Legal Framework
National Legal Framework
| Provision | Legislation date | Convention | Legislation info | sources | Value | sort_order | Provision description | Legislation description |
|---|---|---|---|---|---|---|---|---|
| Is forced or compulsory recruitment of children under 18 for use in armed conflict prohibited? | 1967 | C182 | Army Act No. 32 of 1967 - Section 3 (2) | [{"link_name":"CEACR Direct Request","source_link":"https://normlex.ilo.org/dyn/nrmlx_en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:2310566,103423"}] | Yes | 9 | C182 defines forced or compulsory recruitment of children under 18 for use in armed conflict as a worst form of child labour. Nevertheless, C182 only prohibits the forced or compulsory recruitment of children under 18, and does not cover the voluntary recruitment of children under 18. | In a Direct Request published in 2010, the CEACR notes that section 3(2) of the Army Act No. 32 of 1967 states that everyone appointed to serve in the army must be over 21 years of age. |
| Is the use, procuring or offering of children for illicit activities, in particular for the production and trafficking of drugs, prohibited? | N/A | C182 | N/A | [{"link_name":"N/A","source_link":"https://digitallibrary.un.org/record/1297070/files/e-nl-1962-52-e.pdf"}] | No | 11 | C182 prohibits the use, procuring or offering of children for illicit activities in particular for the production and trafficking of drugs. | Although the Law on the Control of Trade in and Use of Narcotic Drugs in Kuwait punishes the trafficking of drugs, it does not provide for any special prohibition related to the involvement of children in such activity. |
| Is the use, procuring or offering of a child for the purpose of prostitution and for production of pornography prohibited? | 1960-06-02 ; 2010 | C182 | Law No. 16 of 1960 promulgating the Penal Code - Article 178 ; Ministerial Order No. 196/a/2010 - Section 5 | [{"link_name":"-Law No. 16 of 1960 promulgating the Penal Code","source_link":"https://www.aalawyer.co/kuwaitlaws-criminallaw-2/"},{"link_name":"-CEACR Observation","source_link":"https://normlex.ilo.org/dyn/nrmlx_en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:3250789,103423"}] | No | 10 | C182 prohibits the use of a child under the age of 18 for prostitution, regardless of the child's consent. The use, procuring or offering of any person under the age of 18 for commercial sexual exploitation constitutes a worst form of child labour, even if prostitution is a legalised. In regard to the prohibition of child pornography, States need to make sure that national legislation addresses the involvement of a child in the production of pornographic materials, including non-recorded performances. | Article 178 of the Law punishes anyone who abducts a person under 18 years of age with force, threat or deception if the abduction is intended to engage the victim in prostitution. However, the Article also stipulates that the prostitution prohibition does not apply if the victim was abducted by one of his parents who proved his good faith and believed to have custody of his son. Regarding child pornography, Article 4.5 of the Law No. 63 of 2015 on Combatting Cybercrimes, punishes every person who exhibited, seduced a male or female to commit salacity and debauchery or helps him in this by the information network or a means of the information technology means. The involvement of a youth is considered an aggravating circumstance, which may be interpreted as a prohibition on the use of children in pornographic activities. Besides, it is worth noting that the list of hazardous activities that are prohibited to children set out in the Ministerial Order No. 196/a/2010 includes activities that violate public morals. |
| Is the sale and trafficking of children for sexual and labour exploitation prohibited? | 1960-06-02 | C182 | Law No. 16 of 1960 promulgating the Penal Code - Article 178 | [{"link_name":"Law No. 16 of 1960 promulgating the Penal Code","source_link":"https://www.aalawyer.co/kuwaitlaws-criminallaw-2/"}] | Yes | 8 | C182 defines all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour as worst forms of child labour. | Article 178 of the Penal Code punishes "anyone who abducts a person without his consent by having to move from the place where he habitually resides elsewhere by holding him" and states that "if the victim is [...] under 18 years of age, the penalty is life imprisonment". |
| List of hazardous activities prohibited for children | 2010 | C138 & C182 | Ministerial Order No. 196/G/2010 (2010/غ /196) - Section 5 | [{"link_name":"CEACR Observation","source_link":"https://normlex.ilo.org/dyn/nrmlx_en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:3250789,103423"}] | Yes | 7 | C138 and C182 require the national determination of a list of hazardous work prohibited for children under 18 years of age. The competent authorities should consult with workers' and employers' organizations to determine what types of employment or work are considered to be hazardous. Such a list shall be periodically examined and revised as necessary. | In an Observation published in 2016, the CEACR notes that the Order contains a list of about 25 types of hazardous work prohibited for children under the age of 18 years. This list includes: exposure to dangerous chemicals such as pesticides, cement and asbestos; work in quarries, drainage and sewage; manufacturing and handling explosives and fireworks; work with dangerous machines; drilling; extracting and refining oil and petrol; carrying, pushing or pulling heavy objects; work at high heights; work with lead, arsenic and benzene; work near furnaces; slaughtering of animals; and work with products listed as causing diseases. |
| Minimum age for hazardous work | 2010 | C138 & C182 | Ministerial Order No. 196/G/2010 (2010/غ /196)- Section 5 | [{"link_name":"CEACR Observation","source_link":"https://normlex.ilo.org/dyn/nrmlx_en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:3250789,103423"}] | 18 | 6 | C138 and C182 set 18 as the minimum age for hazardous work, which is defined as work that, due to its nature or the circumstances in which it is carried out, is likely to jeopardize children’s health, safety or morals. C138 and C182 allow countries to permit hazardous work exceptionally as from 16, provided that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or training. | In an Observation published in 2016, the Committee of Experts on the Application of Conventions and Recommendations (CEACR) notes that the Order prohibits the employment of minors for hazardous work. |
| Minimum age for admission to apprenticeship | 2010-02-21 | C138 | New Private Sector Labour Law No. 6 of 2010 - Article 12 | [{"link_name":"New Private Sector Labour Law No. 6 of 2010","source_link":"https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/83616/KWT83616%20English%202.pdf"}] | 15 | 5 | C138 does not apply to work done in school for general, vocational or technical education or in training institutions or work done by children at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority. Such work must be an integral part of: (i) a course of education or training for which a school or training institution is primarily responsible; (ii) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (iii) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. | Article 12 of the New Private Sector Labour Law No. 6 of 2010, provides that "every person who attains 15 years and enters into a contract with a firm for the purpose of learning a profession [...] should be considered a professional apprentice". |
| Is the minimum age for admission to work not less than the age for completion of compulsory schooling? | 1965 ; 1987 ; 2010-02-21 | C138 | Law No. 11 of 1965 regarding compulsory education - Article 1 and Article 2 ; Legislative Decree No.4 of 1987 Concerning Public Education - Section 13; New Private Sector Labour Law No. 6 of 2010 - Section 19 | [{"link_name":"-Law No. 11 of 1965 regarding compulsory education","source_link":"https://www.unesco.org/education/edurights/media/docs/5545bf9315a6102006e4260e284cc254cf8621b8.pdf"},{"link_name":"- Legislative Decree No.4 of 1987 Concerning Public Education","source_link":"https://www.unesco.org/education/edurights/media/docs/4d4e58c1783175a9f990a10d759b75827702827f.pdf"},{"link_name":"-New Private Sector Labour Law No. 6 of 2010","source_link":"https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/83616/KWT83616%20English%202.pdf"}] | Yes | 4 | C138 requires that the minimum age for admission to work shall not be less than the age of completion of compulsory schooling and, in any case, shall not be less than 15 years. | Article 1 of the Law stipulates that education is compulsory for all children from the beginning of the primary stage to the intermediate stage. Article 2 of that same text provides that compulsory education begins at the age of 6. In its article 13, the Legislative Decree No.4 of 1987 Concerning Public Education, states that the period of education is twelve years equally distributed between the three stages of education (namely primary, intermediate and secondary stage), which means that primary and intermediate stage last for 6 years. Thus, set to 12 years, the age of completion of compulsory education is below the minimum age for admission to work of 15 years set in Section 19 of the New Private Sector Labour Law No. 6 of 2010. |
| Light work - Determination of types and conditions of activities | N/A | C138 | Just like like work in not allowed in Kuwait, the national legal framework does not determine what activities are considered light work, and the hours and the circumstances under which they may be carried out. | [{"link_name":"N/A","source_link":"N/A"}] | N/A | 3 | If the country chooses to allow light work, States must determine what activities are considered light work, and the hours and the circumstances under which they may be carried out. | No information were found on the circumstances under which light work may be carried out in Kuwait. |
| Minimum age for light work | N/A | C138 | N/A | [{"link_name":"N/A","source_link":"N/A"}] | N/A | 2 | C138 defines light work as work that does not interfere with children’s schooling, or their ability to benefit from it, and that is not hazardous. C138 allows countries to permit light work for children younger than the general minimum age. For countries that set the minimum age at 15, this means children aged 13-14, and for those that set it at 14, children aged 12-13 may engage in light work. | National legislation in Kuwait does not allow light work. |
| Minimum age for admission to work | 1964-08-01 | C138 | New Private Sector Labour Law No. 6 of 2010 - Article (19) and (20) | [{"link_name":"New Private Sector Labour Law No. 6 of 2010","source_link":"https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/83616/KWT83616%20English%202.pdf"}] | 15 | 1 | C138 establishes 15 as the minimum age for work in general. Developing countries have the option of setting a minimum age of 14 as a transitional measure as they strengthen their education systems and economies. | Article (19) of the Law sets the minimum age for admission to work at 15 years. Between the ages of 15 and 18 years, children can only be employed after an approval from the Ministry. According to Article 20 of the Text, with the permission of the Ministry, minors who have reached the age of 15 but not yet 18 may be employed under the following conditions : a) To be employed in such works and trades other than those hazardous and harmful to health, in respect of which a decision shall be issued by the Minister; b) To be medically checked up, before the employment, and thereafter periodically for not more than six months. The Minister shall issue a decision determining these works and trades in addition to the professions, procedures and dates organizing the periodic medical examination. |
International Legal Framework
International Legal Framework
| Ratification status | Convention | Convention description | Date of ratification | Source |
|---|---|---|---|---|
| in-force | C182 | Worst Forms of Child Labour Convention, 1999 (No. 182) | 15-AUG-2000 | Source |
| in-force | C138 | Minimum Age Convention, 1973 (No. 138) | 15-NOV-1999 | Source |
Policies and Plans
Policies and Plans
| Description | sources | Period | Policy name | Implementing agency |
|---|---|---|---|---|
| The main goals of the Development Plan include a provision aiming at improving the quality of early childhood education (ECE) to improve school readiness among children. To meet this objective, the plan seeks to : Develop high-quality ECE and expand its provision; Enhance links between early childhood and primary education and promote home-school cooperation; Cultivate a positive attitude towards learning, introduce language and basic mathematics skills, create a foundation for lifelong learning, and improve children's cognitive abilities and socio-emotional development. | [{"link_name":"KNDP","source_link":"https://media.gov.kw/assets/img/Ommah22_Awareness/PDF/NewKuwait/Revised%20KNDP%20-%20EN.pdf"}] | 2020-2025 | Kuwait National Development Plan (KNDP) | Government Sponsor Committee |
| The plan aims to suppress trafficking in persons, especially women and children. It evolves around 3 general goals which are to prevent, protect and prosecute perpetrators of trafficking in persons. To meet such objectives, the strategic priorities include : Raising competencies and building capabilities; Increase risk awareness; Countering Fraudulent Job Opportunities; Providing direct support and assistance to victims; Raising the efficiency of protection providers; Developing the legal and legislative framework for human trafficking crimes; Developing judicial work mechanisms to enable reporting of crimes | [{"link_name":"National action plan to combat Trafficking in persons and smuggling of migrants","source_link":"https://www.moj.gov.kw/EN/NPCPTP/Documents/NPCPTPPLANE.pdf"}] | 2023-2028 | National action plan to combat Trafficking in persons and smuggling of migrants | No information |