Kuwait's Council of Ministers has approved a draft law to repeal Article 159 of the Penal Code, which previously offered reduced penalties for mothers who killed their newborns immediately after birth to avoid social shame. The article had allowed imprisonment of up to five years or a fine of up to 375 dinars — or both — for such acts.
The repeal marks a significant shift in Kuwait’s legal stance, aligning it more closely with constitutional principles, Islamic law, and international conventions such as the Convention on the Rights of the Child. Informed sources emphasized that the state upholds the right to life as the highest legal and moral priority, and that no mitigation of penalties for taking a life is justifiable.
Authorities stated that the previous article conflicted with the principle of equality before the law and weakened legal protections for newborns. Its removal aims to modernize Kuwait’s legal system, strengthen deterrence against violent crimes, and reaffirm the country’s commitment to justice and human rights.
With the repeal of Article 159, any mother who intentionally kills her newborn will now be charged under the general murder provisions of Kuwaiti law, facing the same penalties as any other homicide case.
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