الحق في حرية التجمع السلمي بين أحكام القانون الدولي لحقوق الإنسان وأحكام القانون الوطني في الكويت

Abstract

Objectives: The primary objective of this paper is to address the legislative lacuna in national laws, particularly in Kuwait, regarding the International Right to Peaceful Assembly—a right often overlooked by local scholarship. This study examines the conceptual framework and core components of the right, ensuring its peaceful exercise within the broader scope of international human rights law. In light of the Kuwaiti Constitutional Court’s jurisprudence, the obligations arising from the International Covenant on Civil and Political Rights (ICCPR), and Kuwait’s mandate to regulate rights protected therein, the paper argues that legislators are entitled—and obligated—to enact specific legislation to safeguard this right.

Methodology: The research employs a descriptive and analytical approach, examining current regulations, scholarly works on human rights, and jurisprudence. Special focus is placed on the role of the national judiciary in interpreting and applying the right to peaceful assembly in the absence of explicit legislation.

Results: Findings highlight the urgent need for legislative action to align Kuwait’s legal framework with ICCPR obligations. The paper proposes a conceptual framework for regulating the right, rooted in both international treaty law and customary international law, offering mechanisms that can guide both legislators and the judiciary.

Originality: This paper contributes by constructing a conceptual norm for the International Right to Peaceful Assembly tailored to domestic incorporation. It contends that, while the absence of internal regulation limits practice, the right remains directly accessible under customary international law. Ultimately, the paper recommends an optimal framework for domestic regulation consistent with international standards.