Date of Award
6-6-2024
Document Type
Dissertation
Degree Name
Doctor of Juridical Science (SJD)
Abstract
The primary impetus for undertaking this inquiry into the legal status of international domestic workers in Kuwait is to furnish them with sufficient legal protection. By conducting a thorough analysis of the system, identifying its shortcomings, and evaluating its overall effectiveness, the proposed research aims to offer a comprehensive legal resolution to address the issue at hand.
Examining the various labor laws, regulations, and policies in Kuwait will facilitate a thorough understanding of the efficacy of the nation’s existing legal framework. Upon comprehending these sources, a detailed assessment of the extent to which they adhere to international human rights norms will be provided. This study will closely examine components pertaining to employment, contractual agreements, the working environment, remuneration, the availability of legal assistance, mechanisms for dispute resolution, and safeguards against mistreatment and harassment.
To achieve the research objective, it is imperative to analyze the issues, limitations, and inconsistencies inherent in the current legal framework as these factors present considerable obstacles to ensuring protection of the rights of international domestic workers. To this end, a thorough examination will be undertaken of the sponsorship system, widely recognized as the kafala system. Moreover, this study will examine the implementation of contractual agreements, length of employment terms, allocation of rest periods, availability of healthcare services, degree of freedom of mobility, and frequency of infringements related to labor rights and legislation concerning labor practices.
Upon the culmination of this research, a comprehensive set of legal recommendations aiming to guarantee sufficient legal safeguards for international domestic workers in Kuwait will be furnished. The recommendations provided will be derived from an empirical analysis of the existing legal framework, with a particular focus on identifying the areas where deficiencies in safety protocols may exist. The proposed plan will prioritize legislative reforms, policy modifications, and institutional enhancements intending to curb labor abuse, ensure equitable treatment for all individuals, and offer efficacious remedies for violations.
Recommended Citation
Alwaalan, Adbalrahman Saud, "Marginalized Laborers: A Study of the Realities and Challenges Faced by International Domestic Workers in Kuwait" (2024). Maurer Theses and Dissertations. 128.
https://www.repository.law.indiana.edu/etd/128