''Segregating between women, men against human values''

Ghenwah Jabouri
Staff Writer

KUWAIT: There have been recent debates about the new Labor Law that is expected to go into motion soon. One aspect of the law, which 43 MPs voted in favour of during its first session, will prevent women working between the hours of 10 p.m. till 7 a.m. Many experts and individuals are questioning this law and challenging it, arguing that such a law goes against basic human rights. This topic is a contentious one and is seen by many as a setـback to women rights in Kuwait. Imposing this law will be difficult and unfeasible, argued many experts.
Labeed Abdal, attorney at law, Constitutional expert, and Head of the International Committee at the Kuwait Bar Association, said that the new draft law was a result of the Parliament, which still included some members who were "against women''s rights and the prevention from working at night, was related to some cases against some clubs and cafes depended in their services on ladies at night. However, this restriction was not realistic, especially when there are many female doctors or journalists and other women professionals that need to do their job in any time of the day."
The expert went on to explain reactions about the new amendments related to the draft law. "So far, the new draft has received criticism from the local unions, women''s societies and above all the International Labor Organization (ILO), especially on the areas of canceling the sponsorship system, protecting the low paid and house workers, unions for foreign workers and the need to allow group cases."
In regard to women workers, the law was criticized because it imposed new restrictions on women working at night, where the new law prevented women from working from 10 p.m. till 7 a.m. excluding hospitals.
"This restriction historically, was related to some restaurants, entertainment clubs and shisha cafes, where they depended on some women workers in late hours to attract customers and there were few incidents of women abuse and harassment that took place and was brought to the local/international media and the Parliament discussions," Abdal explained.
He further said the matter could be organized by administrative measures to regulate those shops and oblige them to make necessary changes; for example, requesting the commercial license to provide the needed security and protection for women workers during the night. And providing safe transportation and to make sure that work in that area of business came after the consent of the worker.
"There is no need to prevent women from working at night in general as there are many professions that requires women to work during the night. These jobs include the professions of: doctors, lawyers, journalists, etc. Any generalization in that case is considered against the principles of equality which were mentioned in the constitution of Kuwait and can be considered as sexual discrimination between men and women which were prevented by the international conventions of civil and human rights and Kuwait has already signed," the lawyer pointed out.
Abdal added that the new draft came closer to the ILO requirements to protect the working women''s rights. Moreover, it added some benefits which were not previously mentioned especially the benefits and holidays after pregnancy that would elevate equality in the workplace. The new law included some new changes, after the old law which was issued in 1964. The new law was approved in the first debate in the Parliament and will be reـdiscussed by the Parliament in the coming session.
"The new law has some new benefits, like improving the minimum wage, fighting visa traders, and providing more benefits to the working women after pregnancy," he added however.
"The new Labor Law was long been awaited by labor unions and even from expatriates, especially the minimum wage issue, and we can say that it amended 70 percent of the old law which was released in 1964."

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