Kuwaiti women between the country's constitution and applicable laws
At the outset, we will talk about the interaction of the issue of women at the global level, where the contested and clashing dialogue has revolved around the role of women since the beginning of the last century, the right of women, the merit of women and the fate of women, and the issue has become a global concern at the level of international organizations, where we see that the General Assembly of the United Nations - It is an important forum for world public opinion - declaring on 11/17/1967 the need to eliminate discrimination against women, as discrimination against women in work, education, wages and the social role was of international concern.
The preamble to the Charter of the United Nations states:
"We are the peoples of the United Nations, and we have taken upon ourselves to reaffirm our belief in the basic rights of the human being, in the dignity and worth of the individual, and in the rights of men, women and nations large and small." This is the limit regarding this issue, as Article Two of the Universal Declaration of Human Rights issued by the United Nations General Assembly in 1948 AD states: “Every person has the right to enjoy all the rights and freedoms contained in this declaration without any discrimination in terms of sex, color, religion or Political opinion or any other opinion, national or social origin, wealth, country, or any other situation without any discrimination between men and women. ”The United Nations General Assembly also considered the distinction between men and women as a prejudice that amounts to a crime that violates human dignity.
We would also like to refer to the Convention on the Elimination of All Forms of Discrimination against Women, which was adopted by the United Nations General Assembly in December 1979 AD, and this convention is the basic document that includes women's rights, as well as practical measures that countries must take to eliminate discrimination against women. In various aspects of life in society, this agreement entered into force on December 3, 1981 AD, and the number of countries that ratified or acceded to it reached about 120 countries, in addition to a number of other countries that signed it, and the agreement consists of six parts containing 30 articles, In addition to the preamble, this preamble touched on the principle of equality between men and women, and included the rights that must be given to women, and measures that must be taken by states to eliminate discrimination against women in the political and public life of the country, and their equality before the law with men.
The Kuwaiti Constitution
It is worth noting that the Kuwaiti constitution stipulates the following in the following articles:
A) Article (29) of Chapter Three: Public Rights and Duties: (People are equal in human dignity, and they are equal before the law in terms of public rights and duties, and there is no discrimination between them on the grounds of gender, origin, language or religion).
B) Article (30): (Personal freedom is guaranteed).
C) Article (41): (Every Kuwaiti has the right to work and choose its type, and work is a duty for every citizen that requires dignity and deserves the public good, and the state is based on providing it to citizens and on the fairness of its conditions).
It is clear from the aforementioned that the articles of the Kuwaiti constitution have guaranteed a set of rights for women, as they are active partners in building society.
Kuwaiti law
The labor legislation in Kuwait has made clear its position on working women in an unambiguous and unambiguous manner, as the Civil Service Law stipulates that public jobs are a national service entrusted to those in charge, and state employees in the performance of their jobs target the public interest) and it is noted that the text is general that includes men and women.
The new labor law in the private sector 6 of 2010 indicated that the worker: (It is every male or female who performs manual or mental work for the benefit of the employer and is under his management and supervision in return for a wage).
Thus, we see that all the provisions regulating the employment of male workers apply to working women - without distinction or discrimination - there are no differences in terms of work, working conditions, or the enjoyment of other rights. Rather, the new labor law has singled out a special chapter in the employment of women and provided them with Special protection, as mentioned in Chapter Four in Articles (22) to (26) rules and provisions relating to the employment of women.
We will deal with these rules and provisions in some detail:
First: The wage of a woman is equal to that of a man:
And in implementation of international conventions that stipulated that women have the right to work, just as men do, and that as long as they are subject to all the provisions of labor legislation to which men are subject, it is fair that they are equal in wages if they do the same work.
Labor legislation has adopted this principle, as Article (26) of Law 6 of 2010 states: (A working woman is entitled to a wage similar to that of a man if she does the same work).
<Second: Banning the employment of women at night:
The legislator was concerned with creating suitable conditions for the employment of women, so it prohibited their employment at night, in order to protect them from social and health damages that result from spending the night outside the home, and excluded some work that requires the nature of her work to be present at night, such as treatment homes and so on. That: (It is not permissible to employ women at night between ten in the evening and seven in the morning, with the exception of hospitals, sanatoriums, private treatment homes, and institutions for which a decision is issued by the Minister of Social Affairs and Labor, provided that the employer in all cases referred to in this article is committed to providing requirements Security for them, with the provision of means of communication to and from the employer).
Third: Prohibition of employing women in dangerous, arduous, or harmful work:
It is also prohibited to employ them in jobs that are harmful to morals or that are based on the exploitation of their femininity in a manner inconsistent with public morals, as well as it is prohibited to employ them in agencies that provide services to men only (Article 23).
Fourth: Protection of a working mother:
Article (24) of Labor Law 6 of 2010 stipulates that (A pregnant working woman is entitled to a paid leave that is not counted from her other leaves for a period of seventy days for giving birth, provided that the delivery takes place during that period, and the employer may not terminate the service of the worker while she is enjoying that leave, or Because she was absent from work due to an illness, which is proven by a medical certificate that it is a result of pregnancy or childbirth.
Fifthly: Giving the working woman two hours to breastfeed:
Article (25) stipulates that: (A working woman must be granted two hours to breastfeed while at work, in accordance with the terms and conditions determined by the Ministry's decision, and the employer must establish nursery homes for children less than 4 years old in work centers in which the number of female workers exceeds 50 or The number of its employees exceeds 200 workers).
From the above, it becomes clear to us - beyond a reasonable doubt - that the legislation in the State of Kuwait has been largely fair to women, and in this regard they are in agreement with international conventions in this regard.
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