CAT/C/KWT/CO/2
The Committee requests the State party to provide information on conditions for
persons in psychiatric hospitals.
Redress, including compensation and rehabilitation
21.
While noting that the legislation of the State party contains general provisions that
arguably provide possibilities for victims of torture a right to obtain compensation by the
State, including restitution of his or her rights, adequate and equitable financial remedies,
medical care and rehabilitation, the Committee is concerned at the lack of a specific
programme to implement the rights of victims of torture and ill-treatment to receive
adequate reparation and compensation. The Committee is also concerned at the lack of
available information regarding the number of victims of torture and ill-treatment who may
have received compensation and the amounts awarded in such cases, as well as the lack of
information on other forms of assistance, including medical or psychosocial rehabilitation,
provided to these victims (arts. 12 and 14)
The State party should ensure that the victims of torture and ill-treatment
obtain the enforceable right to redress, including fair and adequate compensation and
as full rehabilitation as possible. Furthermore, the State party should provide
information on redress and compensation measures ordered by the courts and
provided to victims of torture. This information should include the number of
requests made, the number granted, and the amounts ordered and actually provided
in each case. In addition, the State party should provide information on any on-going
reparation programmes, including treatment of trauma and other forms of
rehabilitation provided to victims of torture and ill-treatment, as well as the allocation
of adequate resources to ensure the effective functioning of such programmes.
Migrant domestic workers
22.
The Committee expresses its concern at reports referring to widespread abuse of
migrant domestic workers, and in particular, women. It appears that this fragile group is
constantly exposed to ill-treatment in complete impunity and without legal protection. The
Committee also regrets the lack of statistics regarding the number and type of complaints
filed with authorities that assume supervision of domestic labour, and on how these
complaints are resolved. The Committee takes note of the State party’s commitment made
by its representatives during the consideration of its report at the eighth session of the
universal periodic review in May 2010, to make efforts to create legislation against human
trafficking and the smuggling of migrants in line with the United Nations Convention
against Transnational Organized Crime and the Protocol thereto (arts. 1, 2 and 16).
The State party should adopt, as a matter of urgency, labour legislation
covering domestic work and providing legal protection to migrant domestic workers,
in particular, women, in its territory against exploitation, ill-treatment and abuse. The
State party should also provide to the Committee statistics, including on the number
and type of complaints filed with authorities, as well as the action taken to solve cases
that caused these complaints.
Violence against women
23.
The Committee notes with concern numerous allegations on violence against women
and domestic violence, on which the State party has not provided information. The
Committee is concerned at the absence of a specific law on domestic violence, as well as
the lack of statistical information on the overall complaints of domestic violence reported
and the number of investigations, convictions and punishments meted out (arts. 2 and 16).
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