C. Principal matters of concern and recommendations

Discrimination and violence on the grounds of sexual orientation and gender identity

12. While the Committee respects the diversity of views on morality held by different cultures, it recalls that State laws and practices must always be subject to the principles of the universality of human rights and of non-discrimination. Bearing that in mind, the Committee expresses its concern about the criminalization of same-sex sexual activity among consenting adults and about the vague offence of “imitating members of the opposite sex”. It is also concerned about reports of harassment, arbitrary arrest and detention and about acts of violence, abuse, torture and sexual assault against persons on the basis of their real or perceived sexual orientation or gender identity (arts. 2, 6, 7, 9, 17 and 26).

13. The State party should take the measures necessary to decriminalize sexual relations between consenting adults of the same sex and repeal the offence of imitating members of the opposite sex, in order to bring its legislation into line with the Covenant. It should also take measures to put an end to the social stigmatization of homosexuality and the harassment, discrimination and violence perpetrated against persons based on their real or perceived sexual orientation or gender identity.

Link to full text of the report: Concluding Observations-CCPR-Kuwait-2016-eng