Lesbian, gay, bisexual, transgender (LGBT) persons in Kuwait face challenges not experienced by non-LGBT Kuwaitis. Sexual acts between consenting adults are criminalised under Article 193 of the Penal Code. LGBT persons are regularly prosecuted by the government and additionally face stigmatization among the broader population.
Law
Article 193 of the Penal Code prohibits "consensual intercourse between men of full age (from the age of 21)" with a term of imprisonment of up to seven years. Article 192 covers relationships involving a man under 21 years of age.[1]
Article 198 prohibits anyone from making a "lewd signal or act" in a public place. In 2008, the law was expanded to also outlaw "imitating the appearance of a member of the opposite sex" with fines and or imprisonment.[3] This provision was overturned by Kuwait's Constitutional Court in February 2022, which ruled that prosecuting citizens under the code violated their personal freedoms, and that the law was excessively vague.[4]
In 2017 Polish Instagram star King Luxy was arrested in Kuwait for allegedly looking too feminine. He spent two weeks in custody before he was released.[5]
HIV/AIDS issues
In 1988, the Kuwaiti Ministry of Public Health published a report on HIV infections in Kuwait,[6] especially the person's nationality, marital status and sexual orientation. In 2004 a United Nations report on HIV in Kuwait found that about six percent of known transmission cases were the result of unprotected sexual contact between men.[7]
In 1992, the National Assembly outlawed the knowing transmission of HIV to another person.
Foreigners found to be infected with AIDS/HIV are deported,[8] but Kuwaiti citizens who are infected are entitled to outpatient medical care, organized by a specialized infectious disease hospital.[citation needed]
LGBT rights movement in Kuwait
No known association or charity exists in Kuwait to campaign for LGBT rights or organize educational and social events for the LGBT community.
In 2007, the Al Arabiya news service reported that a group of Kuwaitis had applied for a permit to form a new association that would stand up for the rights of LGBT Kuwaitis.[9] All such interest groups or clubs have to be approved by the Ministry of Labor and Social Affairs, which never formally replied.
In July 2019 the group announced that they would again apply for a permit from the ministry in response to a crackdown by the Ministry of commerce on symbols representing homosexuality such as rainbows in shops.[9]
