The Constitutional Court of Kuwait published the text of its decision on its website and said that Article 198 of Penal Code No. 16 of 1960 as amended by Law No. 36 of 2007 is unconstitutional, with its criminalization of “imitating the opposite sex in any way.”
She added: “The text did not include a disciplined objective criterion that must be observed to determine that sinful act by law, and what is considered an imitation of the opposite sex and what is not. Rather, its phrase is very general and broad, and it can be loaded with more than one meaning, in a way that its interpretations may be multiple.”
And she added: “And what the explanatory memorandum of the law mentioned in terms of imitation, which was considered (disguising a gender with the clothes of the opposite sex that are exclusive to it according to the prevailing custom in the country, or impersonating the person of the other) reveals the extent of the breadth that this phrase can carry, and its lack of elements of control and objective provisions. and its inclusion in concealment and ambiguity, with which many may fall into the circle of sin.
And the Kuwaiti court considered that “the estimation of the matter in the end is left to the authorities in charge of applying the law according to their discretion and without any control restricting them, and in what application may lead to unleashing miscalculation, which is inconsistent with the keenness of the constitution to ensure and preserve personal freedom.”
Revoking the constitutional status means rescinding the legal article, which entered into force in 2007.