?lOulaLam 

Adel Abdul Hadi Partners 91?49?593 gal?4414+: 

Kuwait on 21/09/2016

Statement of lawyer/ Adel Abdulhadi upon filing the challenge
against the constitutionality of the DNA law

Today we ?led an application with the constitutional court challenging the
constitutionality of the DNA Law No. 78/2015. We have previously issued a statement
on 22/07/2015 further to the National Assembly?s approval to pass the said law
revealing our intention to challenge its constitutionality due to the serious violations
affecting fundamental human rights and personal freedoms protected and sacred by
Kuwait constitution.

It is true that, from the beginning, we raised legal concerns on this law and decided to
challenge it; nevertheless, we are fully aware of its scienti?c weight and the risks
surrounding it, not just in the present but also in the future. We therefore conducted our
research on relevant aspects, reviewed related international precedents and international
conventions, and we approached specialists in human genetics asking for their scienti?c
opinion. In conclusion, the Opinion came unanimous and in line with our previous
decision that this law, as is, shall be revoked, since the damage it will cause is certain
and goes beyond the borders of state of Kuwait. The risks of this law are not merely
present because science of Human Genetics is under rapid and constant development.
Genetic scientists and researchers cannot determine at this stage the potential outcome
of their studies and genetic tests including the intervention in and manipulation of
human genome. As a result DNA samples are not to be taken and collected
massively.

In addition to violation of basic human rights, this law is in clear violation to the
principles of Islamic Sharia and JuriSprudence of the Sunnah in respect of proving
paternity. This matter cannot be ignored in Kuwait as the country applies and
implements the principles of Sharia in paternity issues.

As for the attempts to justify the DNA law and its practices, made through several
statements we observe in the media, they show lack of basic knowledge in the DNA
science and even worse reveal ignorance of the signi?cance of DNA when we see DNA
(the human source code) compared to ?ngerprint or personal image.

Under such situation, discussions or debates will not be productive; the courts have
long been the highest reference to which people resorted, in Kuwait and worldwide, to
protect their privacy, we therefore had recourse to the court to adjust the path seeking
to defend human rights, preserve the spirit of the constitution and consequently
maintain the state?s prestige.

Lawyer Adel Abdulhadi

21-09-2016
Kuwait - Hawalli - AI-Othman St. - Plaza Complex - 3rd Floor - OftNo. 11/12 17/ pi; cull-1H agile-Tl 551.3 who a;qu but. g3? gigs."
Tel. 22650630 - 22650840 - Fax 22650610 - 16107 Qadsiya -v n+0; rum-u- warm Thu-1E- run-1h c3314

Area Code35851 - International Department-Email . a I I a a . o?m info a a a w. ?sign-in mu