The Protection of Prisoners’ Rights under International Human Rights Law: A Comparative Analysis of International Standards and the Kuwaiti Legal Framework

Abstract

This article examines the protection of prisoners’ rights under international human rights law, with a particular focus on the State of Kuwait and its approach toward implementing international standards within its domestic legal framework. The analysis encompasses foundational international instruments including the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, and regional frameworks such as the Arab Charter on Human Rights. The article critically evaluates the intersection between international human rights standards and Islamic Shari’a principles as applied in Kuwait, demonstrating that despite theoretical differences in the conceptualisation of rights, there exists substantial compatibility between the two systems. The research identifies key areas of prisoners’ rights, including health-related rights, privacy and family rights, and protection from violence, and analyses how these are addressed under both international standards and Kuwaiti national legislation. The article concludes that while challenges remain, particularly concerning prison overcrowding and the treatment of female prisoners, the Kuwaiti legal framework demonstrates significant alignment with international human rights standards for the treatment of prisoners.