The Rights of Students under Kuwaiti Law

By Attorney : Abdulrahman Alhouti 5/8/2025
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Education is a fundamental human right and a cornerstone for the advancement of individuals and societies. The Kuwaiti Constitution and the laws derived from it place great emphasis on the rights of students, whether during their primary and secondary education or in the context of balancing higher education with employment. The Constitution guarantees the right to education, obliging the state to provide and facilitate access to education for all citizens. This constitutional provision serves as the overarching framework for all laws regulating this right, ensuring an educational environment that preserves the dignity of students and encourages their active participation in building the nation. Among the key legal safeguards provided under this framework are equality and non-discrimination for all students, irrespective of gender, origin, or social status. In practice, the Ministry of Education adheres to these principles through strict regulations that guarantee equal opportunities in student admissions and the allocation of educational resources. These regulations also ensure a safe learning environment, protecting students from all forms of physical and psychological harm. In addition, students are entitled to healthcare services, including school health programs and counseling, to ensure their physical and mental well-being. Special attention is also given to students with disabilities, including adaptations to curricula to suit their needs. The Ministry of Education is responsible for providing schools, curricula, and qualified staff to achieve an adequate educational standard for all students. Students also have the right to participate and express their views on matters related to education and extracurricular activities. Student councils serve as effective channels for communication between school administrations and students. These rights apply not only to public schools but are also upheld in private schools, in accordance with Ministry of Education standards and regulations. At the university level and beyond, additional considerations arise regarding the right to balance education and employment. With the growth of the economy and increased access to the labor market, some university and vocational students engage in work alongside their studies, creating challenges in reconciling academic obligations with job responsibilities. This is particularly important for students who work to finance their education or cover living expenses. Although Kuwaiti law does not provide a specific statute regulating the employment of students, general principles exist to safeguard their rights. For instance, a student employed by an entity retains the protections afforded to any worker under the Private Sector Labor Law (Law No. 6 of 2010), including fair remuneration and reasonable working hours. Under the Civil Service Law and its executive regulations, public-sector student-employees may be granted study leave, provided they obtain approval from the relevant authority and maintain enrollment in a recognized educational program. Employers may not terminate a student’s employment solely due to academic commitments or examination attendance if coordinated with management; such termination would be considered unlawful and may entitle the student to compensation. Some governmental and private entities provide flexible working hours or leave during examination periods. While not legally mandated, these administrative practices facilitate students’ ability to balance work and study. The oil sector, in particular, offers extensive accommodations, recognizing the importance of education in developing national human capital. Finally, we congratulate students who have excelled and succeeded in higher education. Balancing study and work present challenges, including time pressures and the demands of fulfilling both educational and professional obligations. Therefore, students are strongly advised to understand their legal rights fully and seek appropriate accommodations from their employers to ensure a proper balance between academic and professional responsibilities.