Dossier

Constitution of the State of Kuwait, 1962 — the constitutional basis for, and limits on, nationality, deportation, and detention law

BRF-E99E4FC4 · 11 November 1962
Overview
Source Date
11 November 1962
Constitution of the State of Kuwait, 1962 — the constitutional basis for, and limits on, nationality, deportation, and detention law
Exposure Area
Legal / Regulatory
Impact
High
Event Date
11 November 1962
Summary
Five articles are directly relevant to Bidoon and broader migrant-detention cases. Article 27: Kuwaiti nationality is 'defined by law' and no deprivation/withdrawal of nationality may occur except 'within the limits prescribed by law' — the constitutional hook that any nationality-revocation legal challenge (see the CERD entry on Decree 107/2024 elsewhere in this Dossier) must engage with directly, since revocation exceeding what 'the law' itself permits is a constitutional, not merely administrative, question. Article 28: no Kuwaiti may be deported from Kuwait or prevented from returning — relevant to any argument that mass denaturalisation functions as constructive deportation of persons who, until revocation, held that protection. Article 29: equality in 'human dignity and in public rights and duties... without distinction to race, origin, language, or religion' — notably omits nationality/citizenship status as an enumerated protected ground, a real gap an expert report addressing discrimination against the stateless should engage with directly rather than assume covered. Article 31: guarantees against arbitrary arrest/detention/compelled residence 'except in accordance with the provisions of the law' — the constitutional backstop behind the Aliens Residence Law's own detention provisions. Article 46: extradition of political refugees is prohibited — given Kuwait is not a party to the 1951 Refugee Convention and has no domestic asylum framework, this is the only constitutional-level protection a person seeking protection in Kuwait can point to.

USE IN A REPORT/BEFORE A TRIBUNAL: citing the constitutional text directly, not only the subordinate Nationality/Residence Laws, demonstrates that a nationality-revocation or deportation practice is tested against Kuwait's own highest domestic legal standard, not only ordinary legislation — a stronger, harder-to-dismiss framing than statutory citation alone.
Kuwait Mirror Comment
The one constitutional-level document nothing else in this Dossier cites directly — strengthens any argument tested against Kuwait's own highest legal standard rather than ordinary legislation alone.
Source
Constitution of the State of Kuwait, 1962 — unofficial English translation, UNHCR Refworld — retrieved 15 September 2026

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