Rights of Children with Intellectual Disabilities within the Criminal Justice System of Kuwait: An Analytical, Comparative, and Empirical Study

Objectives: This research aims to examine the legislative and institutional frameworks concerning the criminal rights of children with intellectual disabilities (CWID) in Kuwait. These children face excessive challenges in accessing the criminal justice system, despite being among the most vulnerable social groups and at a higher risk of mistreatment due to their struggles with understanding and communication. Methodology: The research combines comparative, empirical, and analytical approaches. It studies Kuwait’s laws and compares them with international conventions and other states’ practices. Additionally, it analyses the procedures and guarantees relevant to these children during different stages of the justice process, whether they are involved as victims, defendants, or witnesses. Results: The key findings of this research identify gaps between current legislative and institutional frameworks and international standards for protecting the rights of children with intellectual disabilities in Kuwait’s criminal justice system. The research also identifies practical obstacles these children face when dealing with judicial and security authorities in Kuwait. Conclusion: The research concludes with specific recommendations for developing Kuwaiti legislation and judicial practices in accordance with international obligations to ensure the protection of the rights of children with intellectual disabilities. These recommendations include legislative amendments, practical measures, and training programs for criminal justice professionals dealing with this vulnerable group, as well as proposals for establishing special mechanisms to support these children throughout the various stages of the criminal justice process.